Cyberspace is now acknowledged not only as the newest domain of warfare, but also as a space vital to economic, educational and cultural development for all States. This thin consensus ignores the fundamental fact that the backbone of cyber infrastructure—submarine telecommunication cables—is not (for the large part) located within sovereign territorial jurisdiction. The radically increased reliance of States upon submarine data cables emphasises their vulnerability to damage by malicious acts, accidents, or natural phenomena. Faced with these problems, legal analysis has tended to identify gaps or deficiencies in the law, and propose the creation of new legal instruments. The contribution of this article is twofold. First, it expands the frame of analysis to include deliberate damage to cables not only in peacetime but under the law of armed conflict. Second, rather than treating the legal framework as inherently deficient, it considers the extent to which existing rules and principles can be progressively developed, interpreted, or creatively applied to close perceived gaps. This article surveys the existing law specific to the protection of submarine cables and assesses how general principles of the law of the sea, State responsibility, the law on the use of force, and the law of armed conflict apply to this problem. It thus considers in turn the applicable ‘law of peace’, the jus ad bellum and the jus in bello.

The question of when and how international orders change remains a pertinent issue of International Relations theory. This article develops the model of pragmatic ordering to conceptualise change. The model of pragmatic ordering synthesises recent theoretical arguments for a focus on ordering advanced in-practice theory, pragmatist philosophy, and related approaches. It also integrates evidence from recent global governance research. We propose a five-stage model. According to the model, once a new problem emerges (problematisation), informality allows for experimenting with new practices and developing new knowledge (informalisation and experimentation). Once these experimental practices become codified, and survive contestation, they increasingly settle (codification) and are spread through learning and translation processes (consolidation). We draw on the rise of the maritime security agenda as a paradigmatic case and examine developments in the Western Indian Ocean region to illustrate each of these stages. The article draws attention to the substantial reorganisation of maritime space occurring over the past decade and offers an innovative approach for the study of orders and change.

The ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles. This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval warfare, and maritime security. This article captures how these issues are now being addressed and what other legal questions will likely emerge as the newest technology impacts on one of the oldest bodies of international law.

The ongoing maritime operations against piracy off the coast of Somalia have not only put naval enforcement against piracy at sea in the spotlight, but also the legal aftermath of what to do with pirates after their capture. While warships at sea within the current legal framework of UNCLOS and the UN Security Council amplifications specifically adopted for the case of Somalia can effectively perform their tasks, the question of what to do with the pirate suspects is still not satisfactorily resolved. As a consequence, attacks against merchant vessels and international trade run the risk of being ‘consequence free’, in which the perpetrators are not being held accountable. Participating nations are confronted with the fact that military operations against piracy, which is essentially a criminal offence, need a comprehensive approach to ensure accountability. To counter this criminal activity at sea nations try to strengthen the judicial infrastructure through national prosecution or transfer suspects for prosecution in the Horn of Africa region. As these options are not considered to be enough, and hampered by other non-legal factors, some nations call for an international court as a possible long term solution.