State Responsibility for Interferences with the Freedom of Navigation in Public International LawSpringer Science & Business Media, 2007 M09 19 - 286 pages A multitude of conventions in the area of the Law of the Sea contains provisions on the issue of compensation for (wrongful) interferences with navigation. Even though interferences by warships and coast guard vessels, due to a perceived increased risk of international crimes at sea, seem to have become more frequent, the compensation provisions have hardly been applied. The book analyses all relevant compensation provisions and compares them to the general law of state responsibility. This necessarily includes a discussion of issues like the responsibility of international organizations, liability for lawful conduct and several and joint liability in public international law. |
Contents
The perpetual conflict between freedom and security in | 5 |
B Security concerns brought forward to interfere with navigation | 16 |
Legal limits for interferences and the role of State responsibility | 51 |
A Treaty interpretation | 58 |
B An individual right to claim compensation? | 67 |
requirement of wrongfulness? | 112 |
Responsibility for attempted interferences | 126 |
Contributory negligence in the general law on State responsibility 162 IV Contributory negligence in cases codified by maritime conventions 164 G ... | 165 |
J Some procedural issues | 203 |
The U S strategy 28 bilateral treaties and the Proliferation | 215 |
E Ship Boarding Agreements within the framework of the Proliferation | 227 |
Compensation for interferences in international conflicts | 233 |
Relevant compensation provisions | 253 |
Table of cases | 279 |
Other editions - View all
State Responsibility for Interferences with the Freedom of Navigation in ... Philipp Wendel No preview available - 2009 |
Common terms and phrases
8bis adopted AJIL application Arbitration authorization award bilateral cargo Chorzów claim compensation claimant Coast Guard coastal Commentary on Art concerning Conference customary international law diplomatic protection draft articles droit international drugs embargo enforcement European Fish Stocks Agreement flag freedom of navigation Furthermore high seas hot pursuit Human Rights Ibid ICJ Reports IMCO IMO Doc Int’l interferences with navigation International Convention International Law Commission International Organization international tribunal Intervention Convention issue Judgment jurisdiction law of naval Law of Treaties lawful conduct Legal Committee Leiden liability for lawful Lloyd’s List LOSC loss M/V Saiga Malacca Straits maritime transport Migrant Smuggling Protocol naval warfare nevertheless Nijhoff parties piracy pirate pollution port principle private entities Proliferation Security Initiative proposed public international law reprinted in Yearbook RIAA rules Sea Convention Security Council seizure Session shipowner territorial sea tion travaux préparatoires U.S. dollars United Kingdom United Nations Convention unlawful VCLT violation