The Maritime Executive writes
Since the catastrophic volcanic eruption on January 16, Tonga has been largely cut off from the world due to a break in the undersea cable that links Tonga with Fiji (and from there with the world). A complete fix may take weeks.
Aside from the distress and inconvenience, this is causing, Tonga’s predicament demonstrates a more general vulnerability of our global communication system.
Over 95 percent of the world’s data travels along the 436 submarine cables – around 700,000 nm long in total – that connect all continents except Antarctica. These cables carry data integral to the internet, communication, and financial and defence systems worldwide.
There are natural hazards, as the Tonga eruption so graphically demonstrated. But the greatest threat to submarine cables is from fishing. Despite the cables being clearly marked on maritime charts, about 70 percent of damage is caused accidentally by gear such as trawl nets, dredges, long lines and fish aggregation devices.
But there is also concern that the cables are increasingly vulnerable to terrorism and cyberwarfare by private and state actors. As the head of the UK’s armed forces warned very recently, “Russian submarine activity is threatening underwater cables that are crucial to communication systems around the world.”
An outdated convention
Given their fundamental importance to modern global communication, then, it would be natural to assume the international rules protecting submarine cables have been revised to respond to new technology and new challenges.
Not so. The international legal regime for protecting and managing submarine cables has remained largely unchanged since 1884 when the Convention for the Protection of Submarine Telegraph Cables was adopted. It remains in force today, with 36 party states (including New Zealand and Australia, which acceded in 1888 and 1901 respectively).
The convention makes it an offense to break or damage a submarine cable, wilfully or by culpable negligence (unless such action is necessary to save life). It also provides that only the flag state can take action against its vessels and those on board.
If the owner of a cable breaks or damages another cable when laying or repairing their own, they must bear the cost of repairing the breakage or damage. Vessel owners who sacrifice an anchor, net or other fishing gear to avoid damaging a cable can receive compensation from the owner of the cable.
Who controls a cable?
These provisions go back to not long after the first international submarine communication cable was laid between Britain and France in 1850 – it was destroyed by a French fishing vessel within 24 hours.
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