Critical Perspectives in the Law of the Sea—The Regulation of Underwater Infrastructure as an Example of Facilitation and Limitation in Parallel
摘要
Like international law in general, the law of the sea is prone to critique. Its contents are the result of political processes. Moreover, it includes at its core several inherently political concepts and principles. State references to the law of the sea often take place in political contexts. Nevertheless, critical perspectives are noticeably rare in law of the sea scholarship. The chapter suggests that critical perspectives may be beneficial for deeper understanding of the law of the sea. By attaching significance not only to the black letters of the law, but also to other factors that shape the impact of law, critical perspectives may aid understanding of how the law operates and is used for policy reasons. This does not mean that doctrinal analysis is meaningless or that traditional legal methods used to establish the content of the law should be altered to cover non-legal sources. Rather, critical perspectives can serve as a complement to aid understanding of political interests underlying existing rules and principles. The chapter discusses the example of the international legal regime for critical underwater infrastructure. Several recent events have resulted in calls for increased attention to this, including to the regulation under international law. Against the background of a discussion of how the existing legal framework is an example of facilitation and limitation in parallel, the chapter calls for more critical perspectives in law of the sea scholarship generally and a more nuanced understanding of the international law framework for critical underwater infrastructure.