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. |
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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 |
The structure of the Law of the Sea Convention 2 The conventions succeeding the Law of the | 71 |
a right of the flag State or | 84 |
7 | 91 |
V | 111 |
G Consensual boardings | 165 |
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 |
Conclusions and outlook | 249 |
| 255 | |
The few indications in the analyzed provisions | 279 |
Responsibility for attempted interferences | 126 |
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 AJIL applicable Arbitration authority award cargo Chorzów claim compensation claimant Coast Guard coastal Commentary on Art concerning crew members customary international law damage caused diplomatic protection draft articles droit international drugs embargo Fish Stocks Agreement freedom of navigation Furthermore Grenadines high seas Human Rights Ibid ICJ Reports IMCO Doc Int'l interest interferences with navigation international convention International Law Commission International Organization International Responsibility Today international tribunal interpretation Intervention Convention issue John Bassett Judgment jurisdiction law of naval lawful conduct Legal Committee Leiden liability for lawful LOSC loss M/V Saiga maritime transport Memory of Oscar Migrant Smuggling Protocol Myron H naval warfare nevertheless Nijhoff Oscar Schachter Oxford parties PCIJ piracy pirate port principle private entities prize court Proliferation Security Initiative public international law RIAA rules San Remo Manual Sea Convention Security Council seizure Session shipowner territorial sea tion travaux préparatoires United Kingdom unlawful VCLT vessel violation