2 The Council’s Influence on the Evolution of State Practice
at Sea
The UNSC’s influence on the Law of the Sea is first and foremost a contribution to
its implementation by the Member States (Sect. 2.1). But it has also paradoxically
granted authorisations to derogate from core Law of the Sea principles, creating new
practices at sea (Sect. 2.2).
2.1 Resolutions Supporting the Implementation of the Law
of the Sea
The UNSC often ‘recalls’ Law of the Sea rules and the provisions of UNCLOS in its
resolutions. In doing so, it supports the implementation of these rules. For instance,
Resolution 2240 (2015) on migrant smuggling recalls Member State obligations to
implement resolutions in compliance with their obligations under the Law of the Sea,
especially regarding the protection of the marine environment and the safety of
navigation.
12
But it plays, as well, a more specific role in the particular areas of the marine
environment and conservation of biodiversity. In recent resolutions, the UNSC has
had a ‘preventive role’ in promoting the preservation of the marine environment
through urging Member States to implement relevant international law and in asking
them to cooperate. For instance, regarding the situation in Somalia, the Council has
recalled Somalia’s sovereignty with respect to natural resources including fisheries
off its coasts.
13 But it has also gone further and asked Member States and international organizations to “support the Federal Government of Somalia in its efforts to
address illegal, unreported, and unregulated fishing in its Exclusive Economic Zone”
(hereafter EEZ). According to the Council, there is a direct link between piracy and
Illegal, Unreported and Unregulated (hereafter IUU) Fishing
14 that requires States
and international organizations to further intensify their support to the Federal
Government of Somalia in enhancing Somalia’s capacity to prevent, deter and
eliminate IUU Fishing.
15 Likewise, in Resolution 2343 (2017), the UNSC ‘called
upon’ Member States to assist Guinea-Bissau in ensuring control of its territorial
12 Resolution 2240 (2015), 9 October 2015, para. 10: “calls upon Member States and regional
organizations carrying out activities under paragraphs 7, 8 and this paragraph, to provide for the
safety of persons on board as an utmost priority and to avoid causing harm to the marine
environment or to the safety of navigation”.
13 Resolution 1851 (2008), 16 December 2008.
14 Resolution 2316 (2016), 9 November 2016, Preamble: “noting the complex relationship between
IUU fishing and piracy, recognizing that IUU fishing accounts for millions of dollars in lost revenue
for Somalia each year, and can contribute to destabilization among coastal communities”.
15 See Ricard (2018), pp. 141–165.
180
K. Neri
at Sea
The UNSC’s influence on the Law of the Sea is first and foremost a contribution to
its implementation by the Member States (Sect. 2.1). But it has also paradoxically
granted authorisations to derogate from core Law of the Sea principles, creating new
practices at sea (Sect. 2.2).
2.1 Resolutions Supporting the Implementation of the Law
of the Sea
The UNSC often ‘recalls’ Law of the Sea rules and the provisions of UNCLOS in its
resolutions. In doing so, it supports the implementation of these rules. For instance,
Resolution 2240 (2015) on migrant smuggling recalls Member State obligations to
implement resolutions in compliance with their obligations under the Law of the Sea,
especially regarding the protection of the marine environment and the safety of
navigation.
12
But it plays, as well, a more specific role in the particular areas of the marine
environment and conservation of biodiversity. In recent resolutions, the UNSC has
had a ‘preventive role’ in promoting the preservation of the marine environment
through urging Member States to implement relevant international law and in asking
them to cooperate. For instance, regarding the situation in Somalia, the Council has
recalled Somalia’s sovereignty with respect to natural resources including fisheries
off its coasts.
13 But it has also gone further and asked Member States and international organizations to “support the Federal Government of Somalia in its efforts to
address illegal, unreported, and unregulated fishing in its Exclusive Economic Zone”
(hereafter EEZ). According to the Council, there is a direct link between piracy and
Illegal, Unreported and Unregulated (hereafter IUU) Fishing
14 that requires States
and international organizations to further intensify their support to the Federal
Government of Somalia in enhancing Somalia’s capacity to prevent, deter and
eliminate IUU Fishing.
15 Likewise, in Resolution 2343 (2017), the UNSC ‘called
upon’ Member States to assist Guinea-Bissau in ensuring control of its territorial
12 Resolution 2240 (2015), 9 October 2015, para. 10: “calls upon Member States and regional
organizations carrying out activities under paragraphs 7, 8 and this paragraph, to provide for the
safety of persons on board as an utmost priority and to avoid causing harm to the marine
environment or to the safety of navigation”.
13 Resolution 1851 (2008), 16 December 2008.
14 Resolution 2316 (2016), 9 November 2016, Preamble: “noting the complex relationship between
IUU fishing and piracy, recognizing that IUU fishing accounts for millions of dollars in lost revenue
for Somalia each year, and can contribute to destabilization among coastal communities”.
15 See Ricard (2018), pp. 141–165.
180
K. Neri