Researcher: Finland's detention of Eagle S oil tanker sets legal precedent
The Finnish authorities' swift detention of a ship suspected of damaging cables in the Gulf of Finland sets a precedent that could clarify maritime law in similar cases, maritime law expert Alexander Lott believes.
The Finnish authorities acted much more decisively this week than in previous cases when undersea infrastructure has been damaged, such as the Balticconnector gas pipeline in 2023.
Lott said neither Finnish nor Estonian authorities were prepared for such a scenario back then.
Former navy Commander Jüri Saska said there was a big difference with this week's incident – the crew of the Cook Islands'-flagged Eagle S oil tanker this week was caught in the act.
"The Finns were specifically informed of this act, observing anchor chains being dragged during the ship's voyage, which provided grounds to act more decisively or aggressively. Under international maritime law, if you witness a crime taking place or have strong suspicions, you are granted stronger authority to respond," he told Friday's "Aktuaalne kaamera."
When the United Nations Convention on the Law of the Sea was drawn up in the 1970s damage to underwater infrastructure was largely overlooked, said Lott, who is a researcher at the Norwegian Center for the Law of the Sea.
"Finland's actions in this incident constitute a legal precedent in a certain sense. It remains to be seen whether this will lead to a legal dispute between Finland and the ship's flag state. If it does, that would actually be positive, as such legal proceedings — whether in an international court or a maritime law court — offer an opportunity for important clarifications and interpretations of maritime law," he said.
However, Saska is certain that no legal interpretation removes coastal states need to maintain a presence at sea.
"This is a responsibility no ally can take away from a coastal state. A state must exercise its sovereignty within its territory, which requires presence on land, at sea, and in the air," he told the show.
On December 25, a fault was observed on the 150-kilometer EstLink 2 electricity cable that connects Finland and Estonia. Four other data cables were reported broken the following day.
Authorities detained the boat and it is now being held in Finnish waters while an investigation is carried out. The vessel, suspected to be part of Russia's sanctions-evading shadow fleet, is missing an anchor.
NATO said on Friday it will increase its presence in the Baltic Sea in response to the incident.
Over the past 18 months, several cables and a gas pipeline have been damaged by ships connected to China and Russia.
--
Follow ERR News on Facebook and Twitter and never miss an update!
Editor: Marko Tooming, Helen Wright
Source: Aktuaalne kaamera