Swift Action by Finnish Authorities Prevented Cable-Sabotaging Tanker from Damaging Balticconnector Pipeline

"Bringing Eagle S into Finland's territorial waters is significant," said Henrik Ringbom, a maritime law professor at Åbo Akademi, in an interview with Helsingin Sanomat. This move grants Finnish authorities greater jurisdiction over the ship, including the potential to seize it if necessary.

"The important thing is that we detained the ship to investigate what it was really doing. This sends a message to other vessels that such actions are not acceptable. Now we can properly examine what happened," Ringbom stated.

According to Ringbom, international maritime law does not clearly define the rights of coastal states in cases involving vessels suspected of sabotage. However, he interprets the conventions to allow Finland to detain a ship suspected of such actions.

"It cannot be the case that someone has the right to sabotage foreign cables without the affected coastal state being able to respond. That interpretation of current maritime conventions would be absurd," Ringbom argued.

As Eagle S is now in Finnish territorial waters, it could be held in Finland for the duration of the investigation or until its insurer provides guarantees for compensation claims, Ringbom noted. Under general maritime law, ships are typically allowed to continue their journey as quickly as possible.

However, in this case, a key issue is whether Eagle S has any insurance at all. If it lacks insurance, both the ship and its cargo could be detained as collateral until the matter is resolved.

"Usually, the shipowner's insurer provides the guarantee. But ships in [Russia's] shadow fleet may lack the necessary insurance. For Eagle S, its cargo is likely more valuable than the ship itself," the maritime law professor concluded.

Finnish authorities now face a complex legal and investigative process, but the case sets a precedent for how coastal states might handle similar situations in the future.

Former Chief of the Estonian Navy, Jüri Saska, told Estonian National Broadcasting on December 28 that "the Finns were specifically notified of this incident, observing anchor chains being dragged during the ship's voyage, which provided grounds to act more decisively or assertively." Under international maritime law, witnessing a crime in progress or having strong suspicions grants greater authority to take action, Saska stated on Friday evening's news show.

When the United Nations Convention on the Law of the Sea was drafted in the 1970s, damage to underwater infrastructure was largely overlooked, explained Alexander Lott, a researcher at the Norwegian Center for the Law of the Sea in the same news story by the Estonian National Broadcasting.

"Finland's actions in this case set a legal precedent to some extent. It remains to be seen whether this will result in a legal dispute between Finland and the ship's flag state. If it does, that could actually be beneficial, as such proceedings — whether in an international court or a maritime law tribunal — provide an opportunity for important clarifications and interpretations of maritime law," Lott added.

According to Finnish President Alexander Stubb, there has been no diplomatic response from Russia regarding the EstLink 2 incident. Tanker Eagle S is sailing under the flag of Cook Islands and was suspected of belonging to the Russia's shadow fleet of oil tankers. The ship's captain and crew are cooperating with Finnish authorities, and communication is conducted in English. Stubb also said that the current reaction by the authorities was in contrast with the passivity during the Balticconnector sabotage incident in October 2023.

Then, a Chinese ship Newnewpolarbear succesfully sabotaged the gas pipeline and was allowed to exit the Baltic Sea without any interference. It remains to be seen, whether Chinese vessels receive the same treatment in future incidents, but it should make them evidently more cautious.

NATO has responded by announcing an increase in naval presence in the Baltic Sea. On Friday, Estonia deployed its patrol vessel to guard the only remaining operational seabed electricity cable, EstLink 1, and urged other allies to join the maritime operation.

The EU's foreign policy chief, Kaja Kallas, said in a statement that the incident was "the latest in a series of suspected attacks on critical infrastructure" and commended the Finnish authorities "for their swift action in boarding the suspected vessel."

The ship "is part of Russia's shadow fleet, which threatens security and the environment, while funding Russia's war budget," said Kallas, a former Estonian prime minister. "We will propose further measures, including sanctions, to target this fleet."