Somalia had to waive UNCLOS sovereignty to allow international assistance against pirates
The Somali Transitional Federal Government (TFG) and other semi-autonomous regions within Somalia are actively en- gaging with antipiracy efforts.122 Somalia went further than waiving its expulsion right under UNCLOS.123 It actively requested international assistance to combat unlawful acts in its waters and piracy,124 perhaps because it could not do so itself, but also because neither UNCLOS nor SUA would otherwise permit foreign navies to intervene in its waters.125 The Security Council subsequently passed a number of resolutions on the matter, which have authorized a robust use of military force.126 Notably, Resolution 1816 provides authorization for foreign states cooperating with the TFG to enter its territorial waters for the purpose of repressing piracy, provided the TFG notifies the Secretary General in advance of the agreement.127 Resolu- tion 1950 provides the most recent extension of that permission from the date of its adoption.128 Further, Resolution 1851 argu- ably extends that permission to land-based operations as well, which the French military has undertaken.129
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Arguments
Related argument(s) where this quote is used.
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UNCLOS provisions for counter-piracy have not kept pace with current developments and its EEZ provisions can complicate the ability of other states to act to thwart pirates.
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