VII TELEGRAPH CABLES IN THE OPEN SEA
Bonfils, No. 583—Despagnet, No. 401—Pradier-Fodéré, V. No. 2548—Mérignhac, II. p. 532—Nys, II. p. 170—Rivier, I. pp. 244 and 386—Fiore, II. No. 822, and Code, Nos. 1134-1137—Stoerk in Holtzendorff, II. pp. 507-508—Liszt, § 29—Ullmann, § 103—Lauterbach, "Die Beschädigung unterseeischer Telegraphenkabel" (1889)—Landois, "Zur Lehre vom völkerrechtlichen Schutz der submarinen Telegraphenkabel" (1894)—Jouhannaud, "Les câbles sous-marins" (1904)—Renault, in R.I. XII. (1880), p. 251, XV. (1883), p. 17. See also the literature quoted below, [vol. II., at the commencement of § 214].
Telegraph cables in the Open Sea admitted.
§ 286. It is a consequence of the freedom of the Open Sea that no State can prevent another from laying telegraph and telephone cables in any part of the Open Sea, whereas no State need allow this within its territorial maritime belt. As numerous submarine cables have been laid, the question as to their protection arose. Already in 1869 the United States proposed an international convention for this purpose, but the matter dropped in consequence of the outbreak of the Franco-German war. The Institute of International Law took up the matter in 1879[583] and recommended an international agreement. In 1882 France invited the Powers to an International Conference at Paris for the purpose of regulating the protection of submarine cables. This conference met in October 1882, again in October 1883, and produced the "International Convention for the Protection of Submarine Telegraph Cables" which was signed at Paris on April 16, 1884.[584]
[583] See Annuaire, III. pp. 351-394.
[584] See Martens, N.R.G. 2nd Ser. XI. p. 281.
The signatory Powers are:—Great Britain, Argentina, Austria-Hungary, Belgium, Brazil, Colombia, Costa Rica, Denmark, San Domingo, France, Germany, Greece, Guatemala, Holland, Italy, Persia, Portugal, Roumania, Russia, Salvador, Servia, Spain, Sweden-Norway, Turkey, the United States, and Uruguay. Colombia and Persia did not ratify the treaty, but, on the other hand, Japan acceded to it later on.
International Protection of Submarine Telegraph Cables.
§ 287. The protection afforded to submarine telegraph cables finds its expression in the following stipulations of this international treaty:—