the EU for the operation EUNAVFOR Atalanta.
39 The mandate of operation Atalanta reads as follows:
Under the conditions set by the relevant international law and by UNSC Resolutions 1814
(2008), 1816 (2008) and 1838 (2008), Atalanta shall, as far as available capabilities allow:
(c) keep watch over areas off the Somali coast, including Somalia’s territorial waters, in
which there are dangers to maritime activities, in particular to maritime traffic;
(d) take the necessary measures, including the use of force, to deter, prevent and intervene in
order to bring to an end acts of piracy and armed robbery which may be committed in the
areas where it is present.
As a result, even if the UNSC does not have per se the power to prevent the
formation of a customary norm under international law, the inclusion of exclusion
clauses in its resolutions have had the effect of preventing the formation of an
opinion juris.
4 Conclusion
Even though the United Nations Security Council’s contribution to the evolution of
the law of the sea is clear, it is affecting the scope of its own contribution in order to
preserve the fundamental balances of the law of the sea.
References
Baker R (2016) Customary international law: a reconceptualization. Brooklyn J Int Law 41
(2):439–490
Blokker N (2017) International organizations and customary international law. Int Organ Law Rev
14(1):1–12
Ciciriello MC, Mucci F (2016) Modern piracy off the coast of Somalia: a test-bed for old and new
international prevention and repression instruments. In: Contemporary developments in international law: essays in honour of Budislav Vukas. Brill Nijhoff, Leiden/Boston, pp 188–205
David E (1987) La guerre du Golfe et le droit international. Revista Brasileira de Direito
Internacional:153–183
Guilfoyle D (2013) Piracy off Somalia and counter-piracy efforts. In: Guilfoyle D (ed) Modern
piracy: legal challenges and responses. Edward Elgar Publishing Limited, Cheltenham, pp
35–60
Mohamad R (2016) Some reflections on the international law commission topic identification of
customary international law. Chin J Int Law 15(1):41–46
39 See Council Decision 2008/918/CFSP of 8 December 2008 on the launch of a European Union
military operation to contribute to the deterrence, prevention and repression of acts of piracy and
armed robbery off the Somali coast (Atalanta), OJUE, L 330/19 and Council Joint Action 2008/851/
CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence,
prevention and repression of acts of piracy and armed robbery off the Somali coast, OJUE, L
301/33, Art. 2. Bold added by the author.
188
K. Neri
39 The mandate of operation Atalanta reads as follows:
Under the conditions set by the relevant international law and by UNSC Resolutions 1814
(2008), 1816 (2008) and 1838 (2008), Atalanta shall, as far as available capabilities allow:
(c) keep watch over areas off the Somali coast, including Somalia’s territorial waters, in
which there are dangers to maritime activities, in particular to maritime traffic;
(d) take the necessary measures, including the use of force, to deter, prevent and intervene in
order to bring to an end acts of piracy and armed robbery which may be committed in the
areas where it is present.
As a result, even if the UNSC does not have per se the power to prevent the
formation of a customary norm under international law, the inclusion of exclusion
clauses in its resolutions have had the effect of preventing the formation of an
opinion juris.
4 Conclusion
Even though the United Nations Security Council’s contribution to the evolution of
the law of the sea is clear, it is affecting the scope of its own contribution in order to
preserve the fundamental balances of the law of the sea.
References
Baker R (2016) Customary international law: a reconceptualization. Brooklyn J Int Law 41
(2):439–490
Blokker N (2017) International organizations and customary international law. Int Organ Law Rev
14(1):1–12
Ciciriello MC, Mucci F (2016) Modern piracy off the coast of Somalia: a test-bed for old and new
international prevention and repression instruments. In: Contemporary developments in international law: essays in honour of Budislav Vukas. Brill Nijhoff, Leiden/Boston, pp 188–205
David E (1987) La guerre du Golfe et le droit international. Revista Brasileira de Direito
Internacional:153–183
Guilfoyle D (2013) Piracy off Somalia and counter-piracy efforts. In: Guilfoyle D (ed) Modern
piracy: legal challenges and responses. Edward Elgar Publishing Limited, Cheltenham, pp
35–60
Mohamad R (2016) Some reflections on the international law commission topic identification of
customary international law. Chin J Int Law 15(1):41–46
39 See Council Decision 2008/918/CFSP of 8 December 2008 on the launch of a European Union
military operation to contribute to the deterrence, prevention and repression of acts of piracy and
armed robbery off the Somali coast (Atalanta), OJUE, L 330/19 and Council Joint Action 2008/851/
CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence,
prevention and repression of acts of piracy and armed robbery off the Somali coast, OJUE, L
301/33, Art. 2. Bold added by the author.
188
K. Neri