1 Introduction
Within the United Nations, maritime issues fall traditionally under the competence
of the General Assembly.
1 In this framework, the organ issues a Resolution once per
year on the Oceans and the Law of the Sea.
2 It is under the auspices of the Assembly
that the main contributions to the evolution of the Law of the Sea were adopted, first
and foremost the convocation of the Third Conference which led to the adoption of
the United Nations Convention on the Law of the Sea (hereafter UNCLOS) in
December 1982. The Secretary General has also made a significant contribution to
this issue through the years, notably through his reports.
3 On the contrary, the
Security Council is not the natural organ to address maritime matters, since its
mandate is focused on international peace and security. Therefore, during the first
decades of the life of the UN, the Council only raised maritime issues when they had
security ramifications, such as the use of the sea during armed conflict
4 or the
implementation of sanctions and embargoes at sea.
5
Since 2008, the role of the Council has evolved and resolutions have been
adopted concerning the Law of the Sea outside of the traditional framework of an
armed conflict or the implementation of sanctions, with the Council starting to
consider the impact of maritime threats to international peace and security, notably
regarding the Somali crisis.
6 Since then, the United Nations Security Council
(hereafter UNSC) has undoubtedly played a more significant role in the evolution
of the Law of the Sea. UNSC resolutions have focused on broader maritime issues
such as criminal acts at sea, but also fisheries and the marine environment, creating a
body of resolutions concerning the sea.
7
The content of these resolutions is of a different nature. On the one hand, the
UNSC has adopted resolutions recalling the main principles of the Law of the Sea
1 Under Article 10 of the Charter of the United Nations, the General Assembly may discuss any
questions or any matters within the scope of the Charter. Besides which, under Article 13, the
General Assembly shall initiate studies and make recommendations for the purpose of promoting
international co-operation and encouraging the progressive development of international law and its
codification.
2 The last was adopted on 5 December 2017, Oceans and the Law of the Sea, Resolution A/RES/72/
73.
3 The Secretary General issues a general report on Oceans and Law of the Sea once a year to prepare
the annual resolution of the Assembly (6 September 2017, A/72/70). Besides, the Assembly can ask
the Secretary General to work on specific issues, for instance, a report on Anthropogenic underwater noise was adopted on 20 March 2018, A/73/68.
4 See for instance Resolution 540 (1983), 31 October 1983, para. 5. For an analysis, see David
(1987), p. 164.
5 See for instance UNSC Resolution 221 (1966), 9 April 1966 (Rhodesia) or 713 (1991),
25 September 1991 (Yougoslavia).
6 On piracy off the coast of Somalia and its legal implications, see (among others): Nair (2017),
pp. 103–111; Ciciriello and Mucci (2016), pp. 188–205; Guilfoyle (2013), pp. 35–60.
7 For an analysis of the maritime resolutions of the Council, see Neri (2018), pp. 11–28.
178
K. Neri
Within the United Nations, maritime issues fall traditionally under the competence
of the General Assembly.
1 In this framework, the organ issues a Resolution once per
year on the Oceans and the Law of the Sea.
2 It is under the auspices of the Assembly
that the main contributions to the evolution of the Law of the Sea were adopted, first
and foremost the convocation of the Third Conference which led to the adoption of
the United Nations Convention on the Law of the Sea (hereafter UNCLOS) in
December 1982. The Secretary General has also made a significant contribution to
this issue through the years, notably through his reports.
3 On the contrary, the
Security Council is not the natural organ to address maritime matters, since its
mandate is focused on international peace and security. Therefore, during the first
decades of the life of the UN, the Council only raised maritime issues when they had
security ramifications, such as the use of the sea during armed conflict
4 or the
implementation of sanctions and embargoes at sea.
5
Since 2008, the role of the Council has evolved and resolutions have been
adopted concerning the Law of the Sea outside of the traditional framework of an
armed conflict or the implementation of sanctions, with the Council starting to
consider the impact of maritime threats to international peace and security, notably
regarding the Somali crisis.
6 Since then, the United Nations Security Council
(hereafter UNSC) has undoubtedly played a more significant role in the evolution
of the Law of the Sea. UNSC resolutions have focused on broader maritime issues
such as criminal acts at sea, but also fisheries and the marine environment, creating a
body of resolutions concerning the sea.
7
The content of these resolutions is of a different nature. On the one hand, the
UNSC has adopted resolutions recalling the main principles of the Law of the Sea
1 Under Article 10 of the Charter of the United Nations, the General Assembly may discuss any
questions or any matters within the scope of the Charter. Besides which, under Article 13, the
General Assembly shall initiate studies and make recommendations for the purpose of promoting
international co-operation and encouraging the progressive development of international law and its
codification.
2 The last was adopted on 5 December 2017, Oceans and the Law of the Sea, Resolution A/RES/72/
73.
3 The Secretary General issues a general report on Oceans and Law of the Sea once a year to prepare
the annual resolution of the Assembly (6 September 2017, A/72/70). Besides, the Assembly can ask
the Secretary General to work on specific issues, for instance, a report on Anthropogenic underwater noise was adopted on 20 March 2018, A/73/68.
4 See for instance Resolution 540 (1983), 31 October 1983, para. 5. For an analysis, see David
(1987), p. 164.
5 See for instance UNSC Resolution 221 (1966), 9 April 1966 (Rhodesia) or 713 (1991),
25 September 1991 (Yougoslavia).
6 On piracy off the coast of Somalia and its legal implications, see (among others): Nair (2017),
pp. 103–111; Ciciriello and Mucci (2016), pp. 188–205; Guilfoyle (2013), pp. 35–60.
7 For an analysis of the maritime resolutions of the Council, see Neri (2018), pp. 11–28.
178
K. Neri