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Igor Klotsman

The Case for Regional Defense Cooperation to Safeguard Maritime Security

An Israeli Navy Sa’ar 6-class corvette guards the Energean floating production, storage and offloading vessel at the Tamar gas field, in an image published by the military on April 23, 2023. (Israel Defense Forces)

Israel’s rapid advancements in the energy sector underscore the critical importance of ensuring secure and reliable energy transit. As the country develops its energy infrastructure, including submarine pipelines and electricity cables, it faces significant challenges in an increasingly complex geopolitical landscape. Recent incidents, such as the capture of commercial ships by the Houthis in the Red Sea, the sabotage to two Nordstream gas pipelines in 2022, and repeated terrorist attacks on gas pipelines in Sinai highlight the threats to transit routes. These risks, combined with regional conflicts, underscore the urgent need for robust measures to safeguard Israel’s energy transit routes, both for import and export, and to protect maritime security.

The EastMed pipeline is central to Israel’s strategy for exporting natural gas. If this grandiose project works out, it will transport natural gas from the Eastern Mediterranean all the way to Europe, thus enhancing Europe’s energy security by connecting maritime gas fields in Cyprus and Israel with Greece and Italy, while opening a lucrative route for Israel’s natural gas exports. Similarly, the EuroAsia Interconnector, an underwater power cable, will link Israel, Cyprus, and Greece, integrating Israel’s electricity grid with Europe’s. Both projects are crucial for diversifying energy supplies and bolstering regional energy security. However, these projects are jeopardized by ongoing geopolitical tensions and maritime disputes. The development of new transit routes is complicated by various factors, including disputes over borders in the Mediterranean, particularly between Turkey and Cyprus, and Greece and Turkey.

At the same time, the absence of a comprehensive international legal framework specifically designed for energy transit heightens these risks. Existing frameworks, such as the General Agreement on Tariffs and Trade (GATT), the Energy Charter Treaty (ECT), and the United Nations Convention on the Law of the Sea (UNCLOS), offer general guidance but fail to fully address the complexities of energy transit, especially in the context of regional tensions. Israel’s non-membership in both UNCLOS and the ECT further restricts its access to international dispute settlement mechanisms and transit provisions, complicating its ability to secure energy transit routes. In addition, a regional energy organization such as the East Mediterranean Gas Forum cannot ensure reliable maritime security or protection of energy transit due to the lack of a binding legal framework between its members, thus acting only as a dialogue platform.

To address these challenges, Israel could benefit from establishing a regional alliance with key players such as Egypt, Saudi Arabia, Jordan, UAE, and EU countries. This alliance could be formalized through a binding treaty focused on enhancing maritime security and protecting energy transit infrastructure. By creating a coalition with shared interests in trade, energy stability and maritime security, these countries could collaborate on joint security measures, information sharing, and coordinated responses to threats. Such an alliance would provide a robust framework for safeguarding critical infrastructure and mitigating risks associated with geopolitical tensions.

An illustrative example of effective maritime security cooperation could be the Maritime Cooperation between the United States, Japan, India and Australia (MC). Although not formalized under a single treaty, this collaboration enhances Indo-Pacific security through agreements and joint activities. It strengthens naval cooperation by enabling joint patrols, exercises, and intelligence sharing to address threats to critical shipping lanes and energy infrastructure. The MC emphasizes interoperability, with exercises improving the readiness to protect maritime assets. In addition, it fosters technological cooperation by advancing surveillance systems and unmanned technologies to enhance situational awareness. This model of comprehensive cooperation could offer valuable lessons for Israel in protecting its transit routes and transit infrastructure from Iranian and proxy attacks.

Thus, establishing a regional alliance, potentially with Egypt, Saudi Arabia, Jordan, the UAE, and EU countries, under a binding treaty and tailored legal framework could help Israel secure its energy infrastructure and ensure maritime security. Israel has already benefitted earlier this year from defense cooperation with its allies in foiling Iran’s massive missile and drone offensive. Even Jordan took part in shooting down many drones that crossed its airspace en route to Israel. This model could be used also in relation to maritime security in the region, possibly even formalized in a regional treaty. Regional defense cooperation would also enhance the international legitimacy of the war against terrorist organizations’ attempts to attack transit routes and targeted preventive measures by Israel and its allies. This approach would also attract foreign investment and support regional stability, particularly in the Mediterranean and Red Sea, by facilitating the creation of new transit routes and protecting planned transit infrastructure.

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The above was coauthored by Prof. Arie Reich and Igor Klotsman. Prof. Arie Reich is the Vice Rector of Bar Ilan University and an expert on International Law and Mr. Igor Klotsman is a doctoral student in the Bar Ilan University Faculty of Law.

About the Author
Igor Klotsman is a doctoral student at Bar Ilan University specializing in International Energy Law and International Economic Law. His professional background includes working as an international lawyer in the finance and oil sectors, focusing on contract and corporate law. His current research, titled 'Energy Security for the State of Israel: Current Legal Problems and Perspectives', explores the complex international and national legal frameworks affecting Israel's energy security and proposes solutions to enhance sustainability and economic growth for the State of Israel.
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