Abstract:Having been the critical infrastructure in the fields of communication and energy transmission, the significance of submarine cables and pipelines has been widely recognized by the international community. Given that a substantial portion of submarine cables and pipelines are controlled by private investors, international investment law plays an irreplaceable role in protecting them. International legal instruments such as the United Nations Convention on the Law of the Sea provide an international legal basis for ensuring protection for investments. However, due to the cross-border nature of submarine cables and pipelines, as well as the inadequacy of legal regimes of governing them in both international and domestic laws, there is considerable uncertainty regarding the applicability of international investment agreements and the implementation of specific investment treatment. States should emphasize the interactive relationship between international investment law and other legal rules of governing submarine cables and pipelines. Based on this, targeted legal frameworks should be designed within existing international investment agreements, international law, and national laws and regulations to effectively protect submarine cables and pipelines.
刘子珩、高之国. 论国家对海底电缆和海底管道的投资保障义务与中国因应[J]. 太平洋学报, 2024, 32(4): 89-106.
LIU Ziheng, GAO Zhiguo. A Research on the State’s Obligation to Protect Investments in Submarine Cables and Pipelines
. Pacific Journal, 2024, 32(4): 89-106.