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Home > Penn Carey Law Journals > U. Pa. J. Int'l L. > Vol. 46 (2024-2025) > Iss. 5 (2025)

 

University of Pennsylvania Journal of International Law

Publication Date

Winter 2025

First Page

1

Document Type

Article

Abstract

Submarine cables form the backbone of global communications, carrying over 95% of international data traffic. Despite their critical importance, the international legal framework governing these undersea arteries remains outdated and inadequate to address modern security challenges. This article examines the evolution of submarine cable threats, from World War II-era physical sabotage to hybrid warfare tactics involving state and non-state actors in the twenty-first century. Recent events, including disruptions in Ukraine’s Black Sea region, Taiwan’s Matsu Islands, and the Baltic Sea, demonstrate the increasing sophistication of submarine cable attacks and their potential to destabilize global communications.

This article argues for a fundamental reconceptualization of the legal and policy frameworks governing submarine cable protection. The analysis begins by tracing the historical evolution of submarine cable warfare, highlighting its transformation into a key tool for hybrid conflict. It then identifies critical deficiencies in the current legal regime, particularly the 1884 Cable Convention and the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), which fail to address modern threats such as cyberattacks, attribution challenges, and enforcement gaps. Finally, the article proposes a comprehensive set of solutions, including the adoption of a new international treaty, enhanced regional cooperation frameworks, and innovative public-private partnerships. These measures aim to address the complex interplay between national security, commercial interests, and technological advancements, ensuring the resilience of this critical infrastructure.

Through its analysis, this article provides a roadmap for legal and policy reform to safeguard submarine cables against emerging threats. It emphasizes the urgent need for international cooperation and collective action to prevent the strategic exploitation of global communications networks. By bridging the gap between outdated legal frameworks and contemporary security realities, this article contributes to the ongoing discourse on the protection of critical infrastructure in an era of hybrid conflict.

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