Taiwan Grapples with Undersea Cable Damage: Calls for Legal Reform

Table of Contents

• 1. Taiwan Grapples with Undersea Cable Damage: Calls for Legal Reform
• 2. Recent Incidents Spark Concern
• 3. Legal and Jurisdictional Challenges
• 4. UN Convention on the Law of the Sea
• 5. Rising Frequency of Cable Damage
• 6. Repair Efforts and Ongoing Disruptions
• 7. Moving Forward: Legal Reform and International Cooperation
• 8. Given the critical role of undersea cables in TaiwanS digital infrastructure and security,what strategies can Taiwan implement too balance the need for robust cable protection with the risk of these cables becoming targets in a potential conflict?
• 9. Taiwan’s Undersea Cable Crisis: An Interview with Maritime Law Expert,Dr.Anya Sharma
• 10. The Rising Threat to Taiwan’s Undersea Cables
• 11. Navigating legal and Jurisdictional Waters
• 12. The Role of International Cooperation in undersea Cable Protection
• 13. Beyond Legal Reform: A Multi-Faceted Approach
• 14. A Thought-Provoking Question for Our Readers

Taiwan’s communication infrastructure faces increasing vulnerabilities due to frequent damage to undersea cables. A recent report by the Legislative Yuan’s Research Bureau highlights the urgent need for updated laws and international cooperation to protect these critical assets. the report emphasizes that the government “should stipulate a specific law to manage the installation and protection of undersea cables, which should also be in sync with international laws.”

Recent Incidents Spark Concern

The resilience of taiwan’s communications network has been tested by several recent incidents:

• A togo-flagged freighter, Hong Tai 58, allegedly damaged the No. 3 undersea cable linking Taiwan and Penghu in February.
• In January,the Cameroon-registered Shunxing-39 allegedly damaged undersea cables near Keelung.

Chunghwa Telecom, responsible for maintaining these cables, has stated it is gathering evidence and will “seek restitution from the culpable party” regarding the Penghu cable damage.

Legal and Jurisdictional Challenges

The Legislative Yuan’s Research Bureau emphasizes the difficulties taiwan faces in addressing these incidents due to international law and jurisdictional limitations.

The report states that investigations “preferably begin with the immediate arrests of perpetrators, and investigators should focus on collecting evidence at the crime scene.” It warns that failure to do so could lead to accusations of negligence and potential compensation claims against law enforcement.

UN Convention on the Law of the Sea

The 1982 UN Convention on the Law of the Sea mandates signatory nations to establish criminal penalties for damaging undersea cables, irrespective of intent. However, the report highlights a critical challenge: “The government has no jurisdiction over flag of convenience vessels. Only the countries whose flags are carried by vessels have the right to prosecute and punish perpetrators. As Taiwan is not a member of the UN Convention on the Law of the Sea, it woudl be difficult for law enforcement agencies to enforce domestic laws in international waters or exclusive economic zones.”

Rising Frequency of Cable Damage

Data from the National Security Bureau (NSB) indicates that undersea cables are damaged frequently. Over the past three years, the average was “seven to eight times per year.” The causes range from natural occurrences like erosion to human activities, including:

• Erosion
• Damage from sand-pumping ships and trawler boats
• Anchoring of large freighters
• potential covert operations by “flag of convenience vessels”

A 2023 report from the National Audit Office showed a concerning trend: cable damage incidents increased from an average of seven per year (2019-2023) to 12 in 2023.

Repair Efforts and Ongoing Disruptions

Despite the challenges,repair efforts are underway. Chunghwa Telecom announced the successful repair of the No. 3 submarine cable connecting Taiwan and Lienchiang (Matsu) on March 1. However, the Taiwan-Matsu No. 2 cable and Taiwan-Penghu No. 3 cable remain disconnected. The company plans to repair these cables in the first half of this year.

The company cited “natural deterioration” as the initial cause of damage to the Taiwan-Matsu No. 2 and No. 3 cables.

Moving Forward: Legal Reform and International Cooperation

The protection of undersea cables is paramount for Taiwan’s connectivity and security. The Legislative Yuan’s Research Bureau’s proposal to enact specific laws aligned with international standards is a crucial step. Addressing the jurisdictional gaps and enhancing international cooperation are essential to deterring future incidents and ensuring swift prosecution of offenders.

What steps should Taiwan take to strengthen its maritime security and protect its vital undersea infrastructure? Share your thoughts in the comments below.

Given the critical role of undersea cables in TaiwanS digital infrastructure and security,what strategies can Taiwan implement too balance the need for robust cable protection with the risk of these cables becoming targets in a potential conflict?

Taiwan’s Undersea Cable Crisis: An Interview with Maritime Law Expert,Dr.Anya Sharma

Taiwan is facing a growing challenge: frequent damage to its vital undersea cables. To understand the complexities and potential solutions, we spoke with Dr. Anya Sharma, a leading expert in maritime law and international relations, and a senior fellow at the fictional Institute for global Maritime Studies in Taipei.

The Rising Threat to Taiwan’s Undersea Cables

Archyde News: Dr. Sharma, thank you for joining us. The recent Legislative Yuan report paints a concerning picture of increased damage to Taiwan’s undersea cables. What’s your outlook on the immediate threat?

Dr. Anya Sharma: The situation is indeed critical.Undersea cables are the backbone of Taiwan’s digital economy and national security. The incidents in february and January, along with the increasing frequency of damage reported by the NSB, highlight a notable vulnerability. We’re talking about potential disruptions to internet access,financial transactions,and even critical infrastructure control. the economic damage and security risks could be substantial.

Navigating legal and Jurisdictional Waters

Archyde News: The report emphasizes the legal challenges Taiwan faces, especially concerning “flag of convenience” vessels and the UN Convention on the Law of the Sea. Can you elaborate on these jurisdictional limitations?

Dr.Anya Sharma: Precisely. The UN Convention on the Law of the Sea mandates that signatory nations criminalize damage to undersea cables. However, Taiwan’s non-membership and the common practice of vessels operating under “flags of convenience” create loopholes. Prosecuting offenders becomes incredibly arduous because jurisdiction typically rests with the flag state of the vessel. this means Taiwan often lacks the legal authority to directly investigate and prosecute those responsible, even when the damage occurs within its exclusive economic zone.Legal reform is essential to address this.

The Role of International Cooperation in undersea Cable Protection

archyde News: what role can international cooperation play in protecting Taiwan’s undersea communications infrastructure, especially given these legal limitations?

Dr.Anya Sharma: International cooperation is paramount. Taiwan needs to actively engage with other nations, particularly those whose flagged vessels frequent the region, to establish protocols for information sharing and coordinated enforcement. Bilateral agreements focusing on maritime security and undersea cable protection could be incredibly beneficial. furthermore, Taiwan should leverage its economic and strategic importance to advocate for greater international awareness and action on this issue. This will encourage greater maritime security.

Beyond Legal Reform: A Multi-Faceted Approach

Archyde News: The report focuses on legal reform. Are there other measures Taiwan should consider, such as enhanced surveillance or technological solutions, to protect these critical assets from damage?

Dr. Anya Sharma: Absolutely. A multi-faceted approach is essential. Investing in advanced surveillance technologies, like sonar and underwater drones, can definitely help detect suspicious activity near undersea cables. Strengthening maritime patrols and increasing the presence of law enforcement vessels in key areas can also act as a deterrent. Moreover, exploring technological solutions like burying cables deeper or developing more resilient cable designs could mitigate the risk of damage from anchoring or trawling. The protection of undersea cables needs to be very extensive.

A Thought-Provoking Question for Our Readers

Archyde News: Dr. Sharma, this has been incredibly insightful. a question for our readers: Considering the rising geopolitical tensions in the region, how should Taiwan balance the need for robust undersea cable protection with the potential for those cables becoming targets in a conflict scenario? Share your thoughts in the comments below. We encourage active comments that will improve Taiwan’s maritime security.