the international sea and the seabed extending in an “Area” beyond territorial waters.143 Nevertheless, technology transfer requirements and other fixed fees were imposed to ensure access for developing countries to the deep seabed.
Developed nations eschewed being forced to give up their technological edge or share the benefits of development, and so the U.S., Federal Republic of Germany, the U.K. and most other nations elected not to sign UNCLOS III.144 As the deep seabed mining provisions of UNCLOS proved ultimately unsatisfactory to the industrialized world, after Guyana became the 60th nation to ratify the agreement in 1993 (under Article 308 the accord would then enter into force 12 months later) preparations were laid for the 1994 New York Agreement. This amendment changed the nature of the deep seabed regime into one that comports with private economic development, and doing away with most mandatory technology transfers and instituting various international legal obligations in their place.
As applied to cyber attacks, UNCLOS145 Article 19 states the customary international law obligation for nation’s territorial sea not to engage in activities “prejudicial to the peace, good order, or security of the coastal State.”146 This includes the collection of information, or for propaganda, or in any way interfering with any systems of communications. Article 113 requires domestic criminal legislation to
143 Id. at 18.
144 L. Calude, States and the Global System: Politics, Law and Organization 117 (1988).
145 Ultimately, 320 Articles were adopted with a roll call of 130 votes to four, with 17 abstentions and 160 nations overall participating. These margins were not reflected with actual ratifications. UNCLOS III established unequivocally the concept of the EEZ in international law. States have the benefit of exploring, exploiting and managing all natural resources within their EEZ. By claiming the EEZ, the state can enforce its fishing rights within the zone and can even build artificial islands, such as offshore oil platforms. The EEZ does not prevent the passage of foreign vessels through its waters, and foreign states may lay submarine pipes and cables within the zone, but outside territorial waters.
146 UNCLOS, Art. 19.