Members of the United Nations agree to accept and carry out the decisions of the
Security Council. . .’
2
Under Chapter VI of the UN Charter, in response to disputes that ‘endanger the
maintenance of international peace and security’
3 the Security Council may ‘recommend appropriate procedures or methods of adjustment’.
4 Acting under this power,
the Security Council may issue non-binding recommendatory decisions. However,
under its Chapter VII powers, the Security Council has the enhanced authority to
‘determine the existence of any threat to the peace, or act of aggression and shall
make recommendations, or decide what measures shall be taken. . .to maintain or
restore international peace and security’.
5
Acting pursuant to these Chapter VII powers, once the Security Council identifies
a threat to peace, it is deemed to have the power to bind Member States by
recommendations and decisions. Articles 40–42 contained in Chapter VII provide
specific guidance on these options. Article 40 gives the Security Council the power
to ‘call upon the parties concerned to comply with such provisional measures as it
deems necessary or desirable’.
6 Article 41 provides the Security Council with the
power to ‘. . .decide what measures not involving the use of armed force are to be
employed to give effect to its decisions, and it may call upon the Members of the
United Nations to apply such measures’.
7 Article 41 further identifies economic
coercion as a tool to implement these measures, including the possibility of ‘complete or partial interruption of economic relations and of rail, sea, air, postal,
telegraphic, radio, and other means of communication, and the severance of diplomatic relations’.
8 Under Article 42, the Security Council may consider additional
action ‘by air, sea, or land forces as may be necessary to maintain or restore
international peace and security. Such action may include demonstrations, blockade,
and other operations by air, sea, or land forces of Members of the United Nations’.
9
Relying on these authorities, the Security Council has regularly issued Resolutions in response to challenges falling within its purview. This has included
responding to geopolitical developments by creating economic sanctions regimes
that focus on regulating commercial activity in lieu of the use of force.
10 In recent
years, these Resolutions have explicitly focused on shipping activities, creating
2 Id., art 25.
3 Id., art 33.
4 Id., art 36.
5 Id., art 39.
6 Id., art 40.
7 Id., art 41.
8 Ibid.
9 Id., Art. 42; See also Fink (2013).
10 Note that these approaches have been used by the Security Council to respond to developments in
Rhodesia, Iraq, Libya, Yugoslavia, Haiti, Sierra Leone, and others. For an overview of these UN
sanctions regimes not involving the use of force see Shaw (2017).
9 The Impact of UN Sanctions on Commercial Shipping Activities
161
Security Council. . .’
2
Under Chapter VI of the UN Charter, in response to disputes that ‘endanger the
maintenance of international peace and security’
3 the Security Council may ‘recommend appropriate procedures or methods of adjustment’.
4 Acting under this power,
the Security Council may issue non-binding recommendatory decisions. However,
under its Chapter VII powers, the Security Council has the enhanced authority to
‘determine the existence of any threat to the peace, or act of aggression and shall
make recommendations, or decide what measures shall be taken. . .to maintain or
restore international peace and security’.
5
Acting pursuant to these Chapter VII powers, once the Security Council identifies
a threat to peace, it is deemed to have the power to bind Member States by
recommendations and decisions. Articles 40–42 contained in Chapter VII provide
specific guidance on these options. Article 40 gives the Security Council the power
to ‘call upon the parties concerned to comply with such provisional measures as it
deems necessary or desirable’.
6 Article 41 provides the Security Council with the
power to ‘. . .decide what measures not involving the use of armed force are to be
employed to give effect to its decisions, and it may call upon the Members of the
United Nations to apply such measures’.
7 Article 41 further identifies economic
coercion as a tool to implement these measures, including the possibility of ‘complete or partial interruption of economic relations and of rail, sea, air, postal,
telegraphic, radio, and other means of communication, and the severance of diplomatic relations’.
8 Under Article 42, the Security Council may consider additional
action ‘by air, sea, or land forces as may be necessary to maintain or restore
international peace and security. Such action may include demonstrations, blockade,
and other operations by air, sea, or land forces of Members of the United Nations’.
9
Relying on these authorities, the Security Council has regularly issued Resolutions in response to challenges falling within its purview. This has included
responding to geopolitical developments by creating economic sanctions regimes
that focus on regulating commercial activity in lieu of the use of force.
10 In recent
years, these Resolutions have explicitly focused on shipping activities, creating
2 Id., art 25.
3 Id., art 33.
4 Id., art 36.
5 Id., art 39.
6 Id., art 40.
7 Id., art 41.
8 Ibid.
9 Id., Art. 42; See also Fink (2013).
10 Note that these approaches have been used by the Security Council to respond to developments in
Rhodesia, Iraq, Libya, Yugoslavia, Haiti, Sierra Leone, and others. For an overview of these UN
sanctions regimes not involving the use of force see Shaw (2017).
9 The Impact of UN Sanctions on Commercial Shipping Activities
161