Book page 48-49

SUBMARINE CABLES AND PIPELINES
Section: Part VII, Articles 86-120

The freedom to lay submarine cables and pipelines on the bed of the high seas beyond the continental shelf is guaranteed,[1] but states must have due regard for cables and pipelines already in position.[2] The provisions serve to protect such installations and require states to implement laws and regulations as follows:

1) Injury or obstruction of installations done wilfully, through culpable negligence, or intentionally are to be treated as punishable offences, unless the act was committed in a distress situation;[3]

2) Cable or pipeline owners who, in laying or repairing that cable or pipeline, cause damage to or break another cable or pipeline are to bear the costs of repair;[4]

3) Owners of cables or pipelines are to indemnify owners of ships who have sacrificed equipment in order to avoid damage to a cable or pipeline.[5]

FISHERIES ON THE HIGH SEAS
Section: Part VII, Articles 86-120

Until the middle of this century, the traditional international law of fisheries provided for a territorial sea of three nautical miles and the remainder of the oceans, the high seas, for which there was freedom of fishing. Although the Convention retains freedom of fishing on the high seas,[6] the results are considerably different.

Of greatest impact is the fact that the coastal states have the right to establish an exclusive economic zone which extends for 200 nautical miles from the coast[7] within which they have fishing rights.[8] About 90% of the commercially exploitable fish stocks can be found in such zones if they are universally established.

[1] Art. 112; 87 Subpara. 1(c), [2] Art. 112, Para . 2; Art. 79, Para . 5,  [3] Art. 113,    [4] Art. 114 ,    [5] Art. 115,

[6] Art. 87, Subpara. 1(e) ,    [7] Art. 57, [8] Art. 56, Subpara. 1 (a),   [9] Art. 117, 119, 120,   [10] Art. 117, 119, 120,   [11] Art. 119, 61,

[12] Art. 119, Para . 3,    [13] Art. 116, Subpara. (b); 63, Para . 2; 64-67,    [14] Art. 64,    [15] Art. 117,      [16] Art. 118

 Consequently, the Convention requires measures for the high seas supplementary to those for the exclusive economic zone. These measures can be summarized as conservation measures implemented by the state for its nationals[9] and measures for co-operation between the states for conservation and management of resources in the high seas.[10] The guidelines, which apply for determining allowable catch and establishing conservation measures, are similar to those for the coastal states in their exclusive economic zones;[11] furthermore, such measures must avoid the discrimination of fishermen of any other state.[12] States must also have due regard for stocks and species which move from coastal state zones to the high seas and back and consider whether these stocks are subject to coastal state conservation and management measures[13]. In particular, coastal states and states concerned with fishing on the high seas are to co-operate in respect to highly migratory species[14] listed in Annex I.:  (details HERE)

The limited resources of the high seas, together with the various measures to be taken, make it essential to reach a balance between the conflicting principles of freedom of fishing and co­operative conservation and management of the resources of the high seas.[15] The Convention provides for the establishment of subregional or regional fisheries organizations to achieve this end.[16]  

[1] Art. 112; 87 Subpara. 1(c), [2] Art. 112, Para . 2; Art. 79, Para . 5,  [3] Art. 113,   [4] Art. 114 [5] Art. 115,   [6] Art. 87, Subpara. 1(e) ,    [7] Art. 57, [8] Art. 56, Subpara. 1 (a),   [9] Art. 117, 119, 120,   [10] Art. 117, 119, 120,   [11] Art. 119, 61,   [12] Art. 119, Para . 3,   [13] Art. 116, Subpara. (b); 63, Para . 2; 64-67,   [14] Art. 64,   [15] Art. 117,     [16] Art. 118 

Further Readings :  
- Cables and Pipelines. (Commentary) 
 - Fisheries. (Commentary)

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