Bilateral investment treaties could resolve existing gaps in UNCLOS law
In conclusion, these interactions and potential conflicts in the regime applicable to submarine cables regime make further ground arise for the integrated planning and management of activities in ocean and coastal areas.
The scholarship has repeatedly affirmed that such a cooperation and integration of different interests would be best achieved by means of the elaboration of a new international convention. However, it has to be pointed out that disruptions to the integrity of submarine cable systems potentially cost cable companies millions of dollars in repairs and lost revenues from e- commerce and telecommunications.29 In this perspective, rather then spending efforts to negotiate a new Convention on submarine cables, a solution – at least a partial one – can be represented by increasing the cooperation between all actors involved (privates and States) by means of BITs. This would help minimizing the risks of interferences and protect the interests of all the parties involved. As South-East Asia currently represents the most-relevant market for the lay of submarine cables, particular attention in the following analysis will be given to the BITs practice in the region.
Related argument(s) where this quote is used.
The United States can successfully pursue its national interests regarding its extended continental shelf by negotiating on a bilateral basis with nations with which it shares maritime borders to delimit and mutually recognize each other’s maritime and ECS boundaries.Related Quotes:
Parent Arguments:Counter Argument:
- US could rely on reciprocal bilateral treaties as proposed in 1980 DSHMRA act as an alternative to UNCLOS
- US can resolve territorial disputes with each nation bilaterally without being party to UNCLOS
- US actively surveying extended continental shelf and can negotiate bilateral agreements with nations regarding boundaries outside UNCLOS framework
- US can negotiate bilateral agreements with nations that share maritime borders to delimit ECS borders outside of UNCLOS framework
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The U.S. does not need to ratify UNCLOS to protect the interests of its underseas cable industry. Submarine cables are already protected under existing international law and any gaps in this law can be resolved by implementing bilateral treaties with states as needed.Parent Arguments:Counter Argument: