The Security Council has linked the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, with the notion of a threat to international peace and security with Resolution 1540 of 28 April 2004 adopted under Chapter VII of the Charter and the others that followed it. The resolutions also define the means of delivery to cover missiles, rockets and other unmanned systems capable of delivering nuclear, chemical or biological weapons that are specially designed for such use.Footnote 41
Thereby, the military presence does not in this kind of exceptional situation violate the limitations set on Finnish naval visits by the 1921 Åland Convention. The responsibility for the provision of executive assistance in the area of the Åland Islands regarding the Defence Forces rests mainly with the Finnish navy. The third interpretation considers the restrictions of the 1921 Åland Convention as covering the troop of the Defence Forces as well in the case of executive assistance requests by the police.Footnote 110 Thus, military presence would not be allowed in the zone, even in exceptional situations. The last interpretation would mean that the police and the Border Guard could not ask for executive assistance from the Finnish navy, even when the activity that renders passage non-innocent occurs in the demilitarised zone. Regarding the illicit trafficking of WMD and related materials, the second option seems plausible in the context of the coastal State authority to enforce protective rules.
churchill and lowe law of the sea pdf 21
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