State Responsibility for Interferences with the Freedom of Navigation in Public International LawSpringer Science & Business Media, 2007 M10 25 - 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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Page xiv
... RIAA SDN SODA SOLAS SS SSO SSP SUA Convention Sydney L. Rev. Syracuse J. Int'l L. & Com. TEU Tex. Int'l L. J. Tul. Mar. L. J. U.K.T.S. U. Miami Int.-Am. L. Rev. Journal of Maritime Law and Commerce Lloyd's of London Press League of ...
... RIAA SDN SODA SOLAS SS SSO SSP SUA Convention Sydney L. Rev. Syracuse J. Int'l L. & Com. TEU Tex. Int'l L. J. Tul. Mar. L. J. U.K.T.S. U. Miami Int.-Am. L. Rev. Journal of Maritime Law and Commerce Lloyd's of London Press League of ...
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Contents
| 5 | |
| 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 |
Bibliography | 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 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 piracy pirate port principle private entities prize court Proliferation Security Initiative public international law RIAA rules San Remo San Remo Manual Sea Convention Security Council seizure Session shipowner territorial sea tion travaux préparatoires United Kingdom unlawful VCLT vessel violation
Popular passages
Page 246 - If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures, shall have the right to consult the Security Council with regard to a solution of those problems.
Page 70 - Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft, for any loss or damage caused by the seizure.
Page 253 - Where a ship has been stopped or arrested on the high seas in circumstances which do not justify the exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby sustained.
Page 82 - A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
Page 47 - These freedoms, and others which are recognized by the general principles of international law, shall be exercised by all States with reasonable regard to the interests of other States in their exercise of the freedom of the high seas.
Page 17 - Piracy consists of any of the following acts: 1. Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed...
Page 81 - States shall be liable for damage or loss attributable to them arising from measures taken pursuant to section 6 when such measures were unlawful or exceeded those reasonably required in the light of available information. States shall provide for recourse in their courts for actions in respect of such damage or loss.
Page 48 - Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 or of any amendment or protocol thereto.
Page 74 - The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship.