Thailand Obligations under United Nations Convention on the Law of the Sea 1982 in the Regulation of Submarine Cable Activities in Exclusive Economic Zone and Continental Shelf

Abstract

               This research aims to study the details of the obligations under United Nations Convention on the Law of the Sea 1982 regarding the regulation of submarine cable activities, particularly in the exclusive economic zone and continental shelf, which have different rights and obligations from other maritime areas and represent the largest maritime area within Thailand's territory. It also examines Thailand's domestic laws to analyze the consistency and gaps between international and Thai law.

               It was found that Thailand lacks specific legislation regarding the regulation of submarine cable activities in the exclusive economic zone and continental shelf. Currently, various laws must be integrated for application and legal justification such as the Royal Ordinance on Fisheries B.E. 2558(2015) in regulating fishing vessels to prevent damage to submarine cables. However, these integrated laws still have gaps and omissions regarding the obligations required by UNCLOS 1982 for coastal states. Furthermore, the absence of a government agency directly responsible for this issue makes compliance with related obligations difficult.

               The research authors therefore propose a two-phase approach. In the short term, Thai Maritime Enforcement Command, as the coordinating agency, should be assigned the primary responsibility for overseeing activities related to submarine cables in the exclusive economic zone and continental shelf. This includes pushing various agencies to establish regulations consistent with related obligations. In the long term, Thailand should have its own specific laws and regulatory agencies.