太平洋学报2024，Vol.32Issue(4)：89-106,18.DOI:10.14015/j.cnki.1004-8049.2024.04.007
论国家对海底电缆和海底管道的投资保障义务与中国因应
A Research on the State's Obligation to Protect Investments in Submarine Cables and Pipelines
摘要
Abstract
Having been the critical infrastructure in the fields of communication and energy transmission,the significance of submarine cables and pipelines has been widely recognized by the international communi-ty.Given that a substantial portion of submarine cables and pipelines are controlled by private investors,in-ternational investment law plays an irreplaceable role in protecting them.International legal instruments such as the United Nations Convention on the Law of the Sea provide an international legal basis for ensu-ring protection for investments.However,due to the cross-border nature of submarine cables and pipelines,as well as the inadequacy of legal regimes of governing them in both international and domestic laws,there is considerable uncertainty regarding the applicability of international investment agreements and the imple-mentation of specific investment treatment.States should emphasize the interactive relationship between in-ternational investment law and other legal rules of governing submarine cables and pipelines.Based on this,targeted legal frameworks should be designed within existing international investment agreements,interna-tional law,and national laws and regulations to effectively protect submarine cables and pipelines.关键词
国际投资协定/《联合国海洋法公约》/海底电缆/海底管道/域外管辖权Key words
International Investment Agreements/United Nations Convention on the Law of the Sea/sub-marine cables/submarine pipelines/extraterritorial jurisdiction分类
社会科学引用本文复制引用
刘子珩,高之国..论国家对海底电缆和海底管道的投资保障义务与中国因应[J].太平洋学报,2024,32(4):89-106,18.基金项目
本文系国家社科基金重大研究专项(22VHQ002)的阶段性研究成果. （22VHQ002）
