New Threats – Old Rules: Law of the Sea Issues Raised by Suspected Attacks on Submarine Infrastructure in the Baltic Sea

Recent enforcement actions in the Baltic Sea against vessels suspected of sabotaging submarine infrastructure in international waters raise important law of the sea issues. This article considers the right of states to take enforcement measures against ships that are suspected of having damaged cables and pipelines on the high seas or in their exclusive economic zone (EEZ). It also addresses other rules of international law of potential relevance to the matter. It concludes that even if the UN Convention on the Law of the Sea (UNCLOS) does not provide for specific enforcement jurisdiction for non-flag states, there are certain opportunities to take enforcement measures, depending on the nature of the threat and the level of evidence. Some measures aimed at improving legal clarity in this field are reviewed, separately for the global, regional and national governance levels.