The presentation emphasised on the role and duties of the flag state in so far as exercising effective jurisdiction and control over ships flying its flag and involved in cable incidents in foreign EEZs. The UNCLOS recognises the obligation of result of states under Art. 113 to adopt necessary laws and regulations for criminalising intentional or negligent damage to cables. While states are encouraged to fulfil these obligations through resolutions at UN General Assembly (UNGA) and International Maritime Organisation (IMO) and adopt necessary legislations, there exists a due diligence obligation or an obligation of conduct for states to consider fulfilling the duties set out under Art. 94 of the Convention i.e. the duty to investigate and cooperate. Further, in the event of non-fulfilment of these due diligence obligations by the flag state, there could be options for coastal states to access compulsory dispute settlement mechanisms under Part XV of the Convention.

Digvijay Rewatkar PPT - Conference on CUI - Tallinn, Estonia - 3 April 2025