waters and EEZ, especially “air traffic and surveillance of maritime security [. . .] in
particular to fight drug trafficking and transnational organized crime, as well as
illegal fishing in Guinea-Bissau’s territorial waters and exclusive economic zone and
other cases of illegal exploitation of natural resources”.
16 The UNSC has now
accepted a new role in promoting the preservation of the marine environment and
acting in favour of maritime security.
2.2 Resolutions Granting Derogations to the Law of the Sea
The Security Council has granted a number of derogations to the core principles of
the Law of the Sea extending the powers of States. On the high seas it has authorised
States, in specific situations, to depart from the rule of the exclusive jurisdiction of
the Flag State.
17 Moreover, it has authorised foreign States to enter the territorial
waters of coastal States to conduct law enforcement operations contrary to the
principle of the sovereignty of the coastal State’s territorial sea.
18
2.2.1 Exceptional Authorization to Enter the Territorial Sea
The Security Council has authorised States to enter the territorial sea of other States
to conduct police operations but, unlike resolutions concerning the high seas, these
authorizations are very rare and limited. Two principle situations have given rise to
such resolutions: the enforcement of sanctions or embargoes, and the suppression of
armed robbery. With respect to the first situation, the UNSC authorised, for example,
States to
use such measures commensurate with the specific circumstances as may be necessary under
the authority of the Security Council to enforce the present resolution and its other relevant
resolutions, including in the territorial sea of the Federal Republic of Yugoslavia (Serbia and
Montenegro).
19
This kind of wide authorization is very rare and was directly linked to the specific
situation of the Yugoslavian conflict at the time. The 1990s were indeed a particular
decade where the Council was more inclined to adopt coercive measures. It is thus
very unlikely that authorizations such as these will be adopted again by the Council
in the foreseeable future. Apart from that very unique situation, the Security Council
has allowed States to enter the territorial sea of another State in the Somalian context.
Indeed, it decided:
16 Para. 17.
17 Art. 92 UNCLOS.
18 Art. 2 UNCLOS.
19 Resolution 820 (1993), 17 April 1993, para. 29.
10 Security Council’s Contribution to the Evolution of the Law of the Sea: Avant. . .
181
particular to fight drug trafficking and transnational organized crime, as well as
illegal fishing in Guinea-Bissau’s territorial waters and exclusive economic zone and
other cases of illegal exploitation of natural resources”.
16 The UNSC has now
accepted a new role in promoting the preservation of the marine environment and
acting in favour of maritime security.
2.2 Resolutions Granting Derogations to the Law of the Sea
The Security Council has granted a number of derogations to the core principles of
the Law of the Sea extending the powers of States. On the high seas it has authorised
States, in specific situations, to depart from the rule of the exclusive jurisdiction of
the Flag State.
17 Moreover, it has authorised foreign States to enter the territorial
waters of coastal States to conduct law enforcement operations contrary to the
principle of the sovereignty of the coastal State’s territorial sea.
18
2.2.1 Exceptional Authorization to Enter the Territorial Sea
The Security Council has authorised States to enter the territorial sea of other States
to conduct police operations but, unlike resolutions concerning the high seas, these
authorizations are very rare and limited. Two principle situations have given rise to
such resolutions: the enforcement of sanctions or embargoes, and the suppression of
armed robbery. With respect to the first situation, the UNSC authorised, for example,
States to
use such measures commensurate with the specific circumstances as may be necessary under
the authority of the Security Council to enforce the present resolution and its other relevant
resolutions, including in the territorial sea of the Federal Republic of Yugoslavia (Serbia and
Montenegro).
19
This kind of wide authorization is very rare and was directly linked to the specific
situation of the Yugoslavian conflict at the time. The 1990s were indeed a particular
decade where the Council was more inclined to adopt coercive measures. It is thus
very unlikely that authorizations such as these will be adopted again by the Council
in the foreseeable future. Apart from that very unique situation, the Security Council
has allowed States to enter the territorial sea of another State in the Somalian context.
Indeed, it decided:
16 Para. 17.
17 Art. 92 UNCLOS.
18 Art. 2 UNCLOS.
19 Resolution 820 (1993), 17 April 1993, para. 29.
10 Security Council’s Contribution to the Evolution of the Law of the Sea: Avant. . .
181