Prethodno priopćenje
https://doi.org/10.21857/90836cveqy
The Legal Regulation of the Laying of Cross Border Submarine Cables and Pipelines in the Republic of Croatia in Relation to the 1982 United Nations Convention on the Law of the Sea
Ivica Kinder
Sažetak
In the context of laying cross-border communications and energy cables, as well as visions for the exploitation of renewable energy sources which include the use of submarine infrastructure in parts of the Adriatic Sea beyond the sovereignty of coastal states, this research examines the compliance of the legislation of the Republic of Croatia concerning submarine cables and pipelines with the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The objective is to identify possible legal gaps and inconsistencies in the Croatian regulations, to analyse them, and present the author’s own considerations on how to achieve an optimal normative framework consistent with international law applicable in parts of the sea where the Republic of Croatia has sovereign rights. The analysis begins with the respective provisions of the UNCLOS and the opinions of legal writers, while a comparison between the legal regimes applicable to pipelines and cables is also made. Special attention is also given to the legal regime of the epicontinental shelf (ES) in correlation with the exclusive economic zone (EEZ) of the Republic of Croatia declared in 2021. When analysing the provisions of the Croatian Maritime Code and bylaws on submarine cables and pipelines, along with his own reflections, the author considers the previous research of Croatian legal writers and complements their recommendations for the improvement of Croatian regulations. Based on his own analysis of activities prior to the laying of submarine cables and pipelines, particularly surveys to determine the route for laying the cables and pipelines, the author finds that the Republic of Croatia has not yet prescribed the obligation of seeking State approval for drilling in Croatia’s ES. Hence, the author proposes appropriate amendments to the Croatian Maritime Code and bylaws. In conclusion, the paper emphasises that cooperation with other States as holders of rights and obligations established by the UNCLOS would be more productive if supplemented with partnerships with investors, owners and operators of the submarine cables and pipelines in their mutual interest.
Ključne riječi
submarine cables; submarine pipelines; epicontinental shelf; exclusive economic zone; drilling; marine environment
Hrčak ID:
341005
URI
Datum izdavanja:
12.12.2025.
Posjeta: 470 *