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The Law of the Sea and Modern Threats in the Baltic Sea - Cables, pipelines and the shadow fleet in the Baltic Sea

Björkman, Julia LU (2025) JURM02 20252
Department of Law
Faculty of Law
Abstract
The purpose of this thesis is to investigate what measures Baltic coastal States may take under international law to respond to the Russian shadow fleet and to the deliberate damage to submarine cables and pipelines in the Baltic Sea. The thesis addresses three research questions concerning the available legal measures and the extent to which existing international legal frameworks are sufficient to respond to these activities.
The thesis uses a legal dogmatic method and applies accepted legal sources of international law, complemented by subsidiary means for the determination of rules of international law.
The thesis concludes that the legal enforcement measures that Baltic coastal States may take to respond to these threats heavily... (More)
The purpose of this thesis is to investigate what measures Baltic coastal States may take under international law to respond to the Russian shadow fleet and to the deliberate damage to submarine cables and pipelines in the Baltic Sea. The thesis addresses three research questions concerning the available legal measures and the extent to which existing international legal frameworks are sufficient to respond to these activities.
The thesis uses a legal dogmatic method and applies accepted legal sources of international law, complemented by subsidiary means for the determination of rules of international law.
The thesis concludes that the legal enforcement measures that Baltic coastal States may take to respond to these threats heavily depend on the zonal approach of UNCLOS. In their territorial seas, coastal States may exercise broad enforcement powers, subject only to the provisions on innocent passage.
In the Exclusive Economic Zone (EEZ), however, coastal State enforcement measures are strictly limited, inter alia due to the principles of freedom of navigation and flag State jurisdiction. Enforcement against shadow fleet vessels is essentially restricted to cases where there is clear objective evidence of major pollution damage. The thesis argues that Generally Accepted International Rules and Standards (GAIRS) can fill some gaps in the law of the sea convention, allowing coastal States to enforce environmental standards against vessels of the shadow fleet.
Concerning submarine infrastructure, this thesis identifies a significant gap in UNCLOS. While States must criminalize damage to submarine cables and pipelines under UNCLOS Article 113, the article does not grant coastal States the necessary enforcement jurisdiction to board or arrest foreign vessels suspected of such acts in the EEZ. This thesis identifies other legal possibilities such as the 1884 Cable Convention, noting discrepancy between academia and legal practitioners.
The thesis concludes that existing international legal frameworks are insufficient to fully address the scope of modern threats in the EEZs of the Baltic Sea. (Less)
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author
Björkman, Julia LU
supervisor
organization
course
JURM02 20252
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
public international law, law of the sea, shadow fleet, pipelines, cables, baltic sea, submarine infrastructure, sabotage
language
English
id
9217300
date added to LUP
2026-01-21 10:53:11
date last changed
2026-01-21 10:53:11
@misc{9217300,
  abstract     = {{The purpose of this thesis is to investigate what measures Baltic coastal States may take under international law to respond to the Russian shadow fleet and to the deliberate damage to submarine cables and pipelines in the Baltic Sea. The thesis addresses three research questions concerning the available legal measures and the extent to which existing international legal frameworks are sufficient to respond to these activities.
The thesis uses a legal dogmatic method and applies accepted legal sources of international law, complemented by subsidiary means for the determination of rules of international law.
The thesis concludes that the legal enforcement measures that Baltic coastal States may take to respond to these threats heavily depend on the zonal approach of UNCLOS. In their territorial seas, coastal States may exercise broad enforcement powers, subject only to the provisions on innocent passage. 
In the Exclusive Economic Zone (EEZ), however, coastal State enforcement measures are strictly limited, inter alia due to the principles of freedom of navigation and flag State jurisdiction. Enforcement against shadow fleet vessels is essentially restricted to cases where there is clear objective evidence of major pollution damage. The thesis argues that Generally Accepted International Rules and Standards (GAIRS) can fill some gaps in the law of the sea convention, allowing coastal States to enforce environmental standards against vessels of the shadow fleet. 
Concerning submarine infrastructure, this thesis identifies a significant gap in UNCLOS. While States must criminalize damage to submarine cables and pipelines under UNCLOS Article 113, the article does not grant coastal States the necessary enforcement jurisdiction to board or arrest foreign vessels suspected of such acts in the EEZ. This thesis identifies other legal possibilities such as the 1884 Cable Convention, noting discrepancy between academia and legal practitioners.
The thesis concludes that existing international legal frameworks are insufficient to fully address the scope of modern threats in the EEZs of the Baltic Sea.}},
  author       = {{Björkman, Julia}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Law of the Sea and Modern Threats in the Baltic Sea - Cables, pipelines and the shadow fleet in the Baltic Sea}},
  year         = {{2025}},
}