Submersible infrastructure, such as
telecommunications cables and energy pipelines, plays a strategic role in
modern maritime activities and regional energy security, especially in
semi-enclosed seas such as the Baltic Sea. The increasing level of
vulnerability of underwater installations raises legal concerns regarding the
adequacy of regulation in the current international and national legal regimes.
This research aims to examine the international legal framework governing the
protection of subsea infrastructure and examine its application in the Estonian
and Finnish national legal systems. This research utilises a normative legal
research method with a statutory and conceptual approach, focusing on relevant
international legal instruments, in particular the 1982 United Nations
Convention on the Law of the Sea (UNCLOS), as well as maritime regulations and
national criminal law. A comparative approach was used to explore the
similarities and differences in the regulatory patterns applied by the two
countries. The findings show that while international law provides a general
normative framework for the protection of submarine cables and pipelines, its
effective enforcement is highly dependent on national-level arrangements.
Estonia and Finland both adopt international obligations into domestic law, but
have different regulatory foci, particularly in the aspects of deterrence and
criminal liability. These variations in approach have the potential to affect
the level of infrastructure protection in transboundary maritime areas. This
research concludes that it is not enough to rely on international norms for the
protection of underwater infrastructure but requires harmonised national
implementation and strengthened bilateral cooperation to ensure legal certainty
and regional maritime security.
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