Atsuko Kanehara, Research Director delivered a lecture entitled “PROTECTION OF UNDERSEA INFRASTRUCTURE- THE RIGHT TO PROTECT USES OF OCEAN” at the International Maritime Law Institute, Research and Education Organ of the International Maritime Organization. The main pillars of the lecture are as follows.
- Introduction: Recognition as an urgent agenda, the issue of the protection of undersea infrastructure considering frequent incidents of damage of undersea infrastructure world widely
- Based upon the finding of lack and gaps of existing law, mainly the United Nations Convention on the Law of the Sea (UNCLOS), discussion of the necessity of amendment and even creation of new international law rules
- (As a foundational analysis for amendment of the existing law and even creation of new international law rules)examination of the characteristics of undersea infrastructure by isolating the following six points:
- Variety of function, ii) harmful act (sabotage), iii) variety of stakeholder (s) who suffer(s) injury by destruction of undersea infrastructure, iv) subet of responsibility, v) possibility for harmful acts to fall under “the use of force,” and “armed attack”, vi) issues of the law of armed conflict
- AS one field of the law of the sea, proposal of the law on the protection of undersea infrastructure based upon the idea of “THE RIGHT TO PROTECT USES OF OCEAN”
- Ending: Considering of the variety of functions of undersea infrastructure and stakeholders, a proposal of continued examination of possibility of general law on the protection of undersea infrastructure
【Related Works by Research Director Atsuko Kanehara】
- Atsuko Kanehara, “The Protection of Submarine Cables and Pipelines in Armed Conflict in the Indo-Pacific,” in D. Guilfoyle and J. Maddocks eds, Armed Conflict and International Law in the Indo-Pacific Region, Oxford University Press, (2025), Chapter 8, forthcoming
- Atsuko Kanehara, “Factors Producing ‘Grey Zones’ in Maritime Security,” 『國際海洋資訊』International Ocean Information Journal published by the Ocean Affairs Council of Taiwan (Summer, 2025), pp. 107-112, (reproduced) https://cigs.canon/en/article/20250728_9061.html
- Atsuko Kanehara, ”The Houthi Rebels’ Attack against Japan-Related Vessel in the Red Sea: An Idea of ‘the Right to Protect Uses of Sea’,”
https://cigs.canon/en/article/20241224_8535.html
- Atsuko Kanehara, “Japan’s Request of Extradition of the Founder of Sea Shepherd: Recovery and Maintenance of the Common Interests of International Society and the Inherent Interests of Japan, a Sovereign State,” https://cigs.canon/en/article/20240826_8292.html
- Atsuko Kanehara, “Reconsideration of the Distinction between the Use of Arms in Law Enforcement and the Use of Force Prohibited by International Law―With an Analysis of the Inherent Significance of This Issue to Japan,”
https://www.jiia-jic.jp/en/japanreview/pdf/JapanReview_Vol5_02_%20Kanehara.pdf