One Infrastructure Many Uses
Submarine/Undersea cables are often overlooked elements of our connected world of computers, digital networks and users. Over 95% of international internet, data and telephone traffic are carried by submarine cables.[1] Submarine cables are vital to ensuring a thriving global economy as they can transmit vast amounts of data with very little delay, have minimal impact on the marine environment and once lain, have a low-carbon footprint.[2] With the continued growth in the amount of data and information sent and received worldwide, economies depend on the effective governance of this vital infrastructure.[3]
Submarine fibre-optic cables can also be used to study the seabed and provide data that could help us address environmental threats due to climate change. With this data, states could improve climate monitoring systems and early warning protocols for natural disasters thereby encouraging timely and targeted emergency response and disaster preparedness.[4] Our ocean floor is a vital source of information regarding tectonic movement so a global network of cables could be used to further monitor and provide real time data about the movement, structure and dynamic behaviour of our Earth’s tectonic activity.[5]
The submarine cable industry is well positioned for a multi-sectoral governance framework that addresses security and environmental challenges in our world.
The Joint Task Force (JTF) on Science Monitoring and Resilient Telecommunication (SMART) cable systems, set up in 2012 by the International Telecommunication Union (ITU), the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization (IOC-UNESCO), and the World Meteorological Organization (WMO) has taken a multi-sectoral approach towards advocating for developing and marketing dual-use or SMART cables that can deliver data on climate and sea-level rises and improve disaster warning systems.[6]
The Legal Framework
Specific provisions regarding the laying of submarine cables and liability in the event of damage are governed by the 1884 International Convention for the Protection of Submarine Cables as amended by the 1886 Declaration on the Protection of Submarine Cables and 1887 Protocol on the Protection of Submarine Cables. Although these treaties are still in force, they are outdated, regulatorily sparse and do not provide a modern and proactive level of protection needed for submarine cables. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) provides that the laying of submarine cables on the continental shelf (the seabed and subsoil beyond the territorial sea) is an internationally lawful use of the sea by all states whether landlocked or coastal.
Ensuring Seamless and Secure Flows
According to a recent study by the International Telecommunications Union (ITU) at the end of 2019, 53.6% of the global population were using the internet. Europe has the highest internet usage rate in the world with over 82% of its inhabitants using the internet.[7] Therefore it is important that there are well regulated guidelines for protection of submarine cables. The vulnerability of submarine cables was demonstrated by recent reports from Dublin port about foreign intelligence agents inspecting the cables that connect Europe to America.[8]
In January 2020, the West African Cable System which links Europe, West Africa and South Africa was damaged at two points leading to communications difficulties and slow data speed.[9] With route diversity and alternative routes as a backup, the severity of the impact was minimised, and complete outages were avoided. Presumably, lessons were learned from the 2018 outage when the Africa to Europe submarine cable, which starts from France ending at South Africa, was damaged causing communications breakdown in many African states.[10]
As an infrastructure with global reach, it is important that global guidelines clarifying best practice are in place.
The International Cables Protection Committee (ICPC)[11] is a forum through which cable operators and owners can collaborate to agree arrangements on issues concerning cable protection. It does not hold power to enforce legally binding international agreements or apply sanctions for non-compliance. However, it could engender soft law commitments that would be translated into action at national and stakeholder level.
Cables and Our Environment
The geographic configuration of internet communications determines the content and quality of our internet experience and its efficacy depends on the connectivity of the data relative to the data consumers. Establishing general protective mechanisms is the next step towards mitigating risk to offshore and nearshore cables. This is possible through awareness of the benefits of multi-use submarine cables usage alongside national and global efforts by states, cable owners and operators to further engage with the ICPC towards cable security and reliability for societal benefit.
[1] Carter L., Burnett D., Drew S., Marle G., Hagadorn L., Bartlett-McNeil D., and Irvine N. (2009). Submarine Cables and the Oceans – Connecting the World. UNEP-WCMC Biodiversity Series No. 31. ICPC/UNEP/UNEP-WCMC. Available at https://www.unep-wcmc.org/resources-and-data/submarine-cables-and-the-oceans--connecting-the-world
[2] UN doc. A/70/74 of 30 March 2015 https://documents-dds-ny.un.org/doc/UNDOC/GEN/N15/093/76/PDF/N1509376.pdf?OpenElement
[3] For figures on this growth broken down per continent, see https://www.itu.int/en/ITU-D/Statistics/Pages/stat/default.aspx
[4] Illuminating seafloor faults and ocean dynamics with dark fiber distributed acoustic sensing
Nathaniel J. Lindsey, T. Craig Dawe, Jonathan B. Ajo-Franklin, Science 29 Nov 2019: Vol. 366, Issue 6469, pp. 1103-1107.
[5] Illuminating Earth’s Faults by Phillippe Jousset Science 29 November 2019: Vol.366, Issue 6469, pp. 1076-1077.
[6] https://www.itu.int/en/ITU-T/climatechange/task-force-sc/Pages/default.aspx The JTF is also considering the renovation and relocation of retired or disused cables in our seas.
[7] https://www.itu.int/en/ITU-D/Statistics/Pages/stat/default.aspx
[8] https://www.thetimes.co.uk/article/russian-agents-plunge-to-new-ocean-depths-in-ireland-to-crack-transatlantic-cables-fnqsmgncz?wgu=270525_54264_15826410289355_49fb461bc4&wgexpiry=1590417028&utm_source=planit&utm_medium=affiliate&utm_content=22278
[9] https://guardian.ng/news/confusion-as-submarine-cable-cuts-slows-internet/ and
https://spectrum.ieee.org/tech-talk/telecom/internet/undersea-cable-repairs-south-africa
[10] https://www.independent.co.uk/news/world/africa/mauritiana-internet-cut-underwater-cable-offline-days-west-africa-a8298551.html
[11] https://www.iscpc.org The ICPC has more than 170 members in over 65 states.