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Assessing The Legitimacy Of Interference With Submarine Cables: Delving Into The Legal

Assessing The Legitimacy Of Interference With Submarine Cables: Delving Into The Legal Responsibility For Hacking And Its Implications On Cybersecurity Within The Framework Of The Law Of The Sea




Pratistha Priyadarshi, National University of Study and Research in Law, Ranchi

Arunav, National University of Study and Research in Law, Ranchi

ABSTRACT

This research paper investigates the vulnerability of submarine cables, crucial for global internet connectivity, to hacking and interference, and the challenges in determining jurisdictional liability. It examines the regions and provisions of UNCLOS that govern submarine cables and identifies gaps in the international framework that expose them to threats. The paper explores the role of the International Tribunal of the Law of the Sea (ITLOS) in resolving disputes, particularly in urgent situations. In March 2023, a matter of particular relevance is the Chinese interference with the submarine cable between Taiwan and Matsu. This incident highlights the increasing concern regarding hostile acts against submarine cables. By analysing this case, the paper aims to shed light on the implications for jurisdiction and legal remedies under UNCLOS. The incident prompts a critical examination of the effectiveness of existing international mechanisms in addressing and resolving disputes related to submarine cable interference. The findings of this research will contribute to a better understanding of the gaps in the current legal framework and provide insights into potential improvements for safeguarding submarine cables and maintaining global internet connectivity.

Keywords: Submarine cables, Internet connectivity, Hacking, Jurisdictional liability, UNCLOS

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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