🛰️ Taiwan Gray Zone & Submarine Cable Monitor

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What Are "Maritime Rights"?

Law of the Sea 01 • Sovereignty • Sovereign Rights • Jurisdiction

In short

"Maritime rights" under Taiwan's Ocean Basic Act are not a single right but a three-tier structure of decreasing strength — sovereignty, sovereign rights, and jurisdiction — running from internal waters and the territorial sea out to the contiguous zone, EEZ, and high seas. The three tiers map onto three governance missions: national security, maritime law-and-order, and maritime safety. Submarine cables, as critical national infrastructure, sit inside this structure — so where a cable is cut determines which tier of power the state can bring to bear.

SERIES → Maritime Rights Int'l Law Enforcement TW Cables Global Cables
January 2025, off Yehliu. A submarine cable carrying Chunghwa Telecom's external traffic quietly went down. No explosion, no eyewitness — just a signal vanishing from a monitoring screen, and a suspicious cargo ship that promptly sailed away.

The state wanted to act, but first had to answer a more basic question: out there, on that water, what power does the state actually hold? That is what "maritime rights" answers.

"Maritime Rights" Is Not a Slogan

Article 1 of Taiwan's Ocean Basic Act declares that the state shall "safeguard maritime rights and ensure national security." The phrase is often treated as an abstract slogan, but it has a fairly precise structure in international law. In short, it is the sum of the rights a state may assert in different maritime zones under international law — above all the 1982 UN Convention on the Law of the Sea (UNCLOS) — and those rights are not of uniform strength.

To understand cable protection and enforcement you must first grasp this: a state's power over the sea is layered and decreasing. The closer to land, the more complete the power; the farther offshore, the more constrained, until on the high seas almost nothing remains but jurisdiction over one's own flagged ships.

Three Tiers: A Spectrum of Decreasing Power

Maritime rights, from strongest to weakest, fall into three tiers. They are not parallel categories but a spectrum that dims from the shoreline outward.

Tier 1 · Sovereignty
Internal waters & territorial sea (baseline to 12 nm)
The most complete power. In internal waters and the territorial sea, the state exercises near-land sovereignty over navigation, safety, customs, and criminal matters (foreign ships enjoy only "innocent passage"). If a cable is damaged inside the territorial sea, the state holds the most direct legislative and enforcement power.
Tier 2 · Sovereign Rights
EEZ & continental shelf (to 200 nm)
Exclusive rights over specific matters — chiefly exploring and exploiting natural resources (fisheries, oil and gas, seabed minerals) plus jurisdiction over artificial islands, marine research, and environmental protection. But it does not reach freedom of navigation: foreign ships may still sail freely, and other states may lay submarine cables here (UNCLOS Arts. 58, 79).
Tier 3 · Jurisdiction
Contiguous zone & functional jurisdiction (to 24 nm / specific functions)
Management power over specific functions. In the contiguous zone the state may exercise the control needed to prevent and punish breaches of customs, fiscal, immigration, and sanitary laws; farther out, only limited functional jurisdiction over research and the environment remains. The reach keeps narrowing.
The Key IdeaThe same act of damage, in a different zone, gives the state a completely different tier of power. This is the legal root of why cable gray-zone threats are so hard to handle — perpetrators deliberately strike where the state's power is weakest.

Three Tiers ↔ Three Governance Missions

The three tiers of maritime rights map onto three different kinds of ocean-governance mission. This mapping helps clarify whose problem a cable cut really is, and which toolkit applies.

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National security (sovereignty tier)When damage involves a foreign state actor, military intent, or paralysis of critical infrastructure, it belongs to the national-security tier, drawing on defense, intelligence, and diplomatic tools. Incidents like Yehliu and Matsu sit in exactly this gray zone.
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Maritime law-and-order (sovereign-rights tier)When damage manifests as a crime (destruction of property, endangering public safety), it belongs to the law-and-order tier, investigated and prosecuted by the Coast Guard and the courts under domestic law. Telecommunications Management Act Art. 72 operates here.
Maritime safety (jurisdiction tier)When an incident is dressed up as a "navigational accident" (anchoring, an errant trawl), it belongs to the maritime-safety tier — navigation management, vessel liability, and insurance. Gray-zone tactics most often hide behind this tier.

A single cable cut can span all three tiers at once: ostensibly a maritime accident, substantively a law-and-order crime, and potentially a national-security threat underneath. That is why no single legal tool suffices — and why this site publishes behavioral signals for cross-disciplinary assessment.

Why Are Submarine Cables "Critical National Infrastructure"?

There is a very practical reason to put submarine cables inside the "maritime rights" discussion: they are not ordinary seabed fixtures but critical national infrastructure.

The Numbers SpeakMore than 95% of Taiwan's external internet and international communications depend on submarine cables. Financial settlement, government operations, defense command-and-control, cloud services, and everyday video and payments all rest on a handful of cables. Satellites can carry only a tiny fraction as backup.

This means cutting a submarine cable does not attack "internet speed" — it attacks the nervous system of an entire society and state. For an island that is heavily dependent on external connectivity and sits on a geopolitical front line, cable security and national security are almost synonyms. So the Ocean Basic Act's pledge to "safeguard maritime rights" must, in Taiwan's context, include holding these invisible cables.

The next article, Submarine Cables Under International Law, explains what protection international law actually offers these cables — and the fatal gaps it leaves behind.

FAQ

What are "maritime rights"?
"Maritime rights" is the term used in Taiwan's Ocean Basic Act for the rights and interests a state enjoys and may assert in maritime zones under international law (above all UNCLOS). It is not a single right but three tiers of differing strength — sovereignty, sovereign rights, and jurisdiction — weakening from the coast outward. Cable protection sits inside this structure.
What's the difference between sovereignty, sovereign rights, and jurisdiction?
They differ in strength: sovereignty is the most complete power, reaching internal waters and the territorial sea, where the state governs fully; sovereign rights are exclusive rights over specific matters (such as exploring and exploiting EEZ natural resources) but do not reach freedoms like navigation; jurisdiction is management power over specific functions (marine research, environmental protection, artificial islands). The farther offshore, the weaker the tier a state can assert.
Why are submarine cables "critical national infrastructure"?
Over 95% of Taiwan's external internet and communications depend on submarine cables, on which finance, government, defense, and civilian communications are built. Cutting a cable affects not just connectivity but the functioning of the whole society and national security. Cables are therefore treated as critical national infrastructure, with security spanning national security, maritime law-and-order, and maritime safety.
What does Taiwan's Ocean Basic Act mean for cable protection?
The Ocean Basic Act is a policy-framework parent law that declares basic principles for safeguarding maritime rights, maritime security, and ocean resources, but does not itself set criminal penalties. It provides the legal basis for folding cable security into the overall "maritime rights" framework, which individual laws such as the Telecommunications Management Act and the Coast Guard Act then implement with concrete controls and enforcement.
← Back to articles Next: Cables Under International Law →

Sources

The concepts on this page can be verified against these public, authoritative sources:

The three-tier framework and Yehliu cable-cut case study draw on Li Yefei, "The Legal Structure of the Ocean Basic Act, Lecture 12: Maritime Rights — The Chunghwa Telecom Yehliu Cable-Cut Incident," Contemporary Law Journal, March 2025.

This page is for research and education; detection signals are leads to investigate, not legal or factual findings. See the methodology.

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