UNCLOS: The Law of the Sea in the 21st Century (International Relations and Defence Committee Report)

Baroness Rawlings Excerpts

Monday 28th November 2022 Grand Committee

[Baroness Rawlings (Con)]

My Lords, it is always a pleasure to follow the erudite speeches of the noble Lord, Lord Teverson. Our chairman, my noble friend Lady Anelay, and her team chose UNCLOS—an important but, dare I say it, relatively unknown subject regarding the law of the sea. I am most grateful to have served on her committee for nearly three years and for our having the opportunity to debate the UNCLOS report, especially leading up to the conclusion of the 40th anniversary conference on 10 December.

“The seas covering the globe, and particularly those around our coasts, have always been a fascination to many, since to a great extent they hold the key to the state of our economy, our physical health and our safety, to mention but a few of the areas affected”.—[Official Report, 19/5/1976; col. 1431.]


I quote this from the maiden speech of Earl Strathmore and Kinghorne, during a former debate on the subject, here in the Lords, on 19 May 1976. I would like to highlight three security points emanating from our report that I believe could give cause for concern and to add to what some speakers have already mentioned. The three points I want to talk about are climate change, the South China Sea, including the Spratly Islands, and cable security.

First, on climate change, which has already been mentioned, witnesses identified the Arctic as a region where climate change may have serious and significant maritime security implications. Paragraph 113 of the report says:

“Climate change is likely to lead to additional maritime security challenges, particularly in the Arctic. We ask that in its response to this report the Government provides us with information about how it is monitoring security-related developments in the Arctic”.


Secondly, on the South China Sea, I shall not go into all the details, which have been well rehearsed. However, the challenges come in two main forms: long-standing claims, which are at odds with the principles of the treaty, and new claims by rising powers. These are both exemplified by China’s actions in the South China Sea. Evidence suggests it is highly unlikely that China will decide to change its policy of claiming exclusive jurisdiction over the majority of the South China Sea but that it will continue to reject the principles of freedom of navigation and freedom of innocent passage, as outlined by UNCLOS. China’s stance poses a challenge to international law. The UK Government should continue to work with their partners and allies to protect and preserve the principles of freedom of navigation, not only in the South China Sea but in every region where it is challenged. I urge the Government to keep an eye on this area to make certain there is no trouble regarding our navigation rights, which, as the Minister knows, are so vital.

Thirdly, on subsea cable security, these cables are a critical element of the UK’s, and the world’s, communications infrastructure. The report says that

“witnesses added that there is also a ‘lack of information sharing on cable breaks’ which ‘poses a threat to the functioning and security of the global subsea cable system and global connectivity’”.

Although UNCLOS places obligations on states to allow for the laying and repairing of such cables, these are not always followed in practice. It is crucial that the laws are clear where responsibilities lie for the maintenance and protection of subsea cables. The international regulatory regime is unclear and this must change, considering their significance. The Government should work with partners and others to address this. The UK should work to improve domestic legislation for cables in the UK’s territorial waters, as well as working with partners to strengthen the international regulatory regime. I know HMG take all these matters very seriously—and so they should. We were told that these cables were well protected, but I keep reading disturbing reports.

People in all walks of life, not only those directly concerned, are now beginning to realise the importance that should be attached to the UN Convention on the Law of the Sea. This report is long and complex, covering in detail many different security points. I fear that it may not be widely read cover to cover, so I want to ensure that the Minister takes these three vital security points back to his department: the effects of climate change, the freedom of navigation in the South China Sea and the protection of undersea cables.