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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... U.S. dollars.150 These are probably only the lower bounds because the estimates do not include any property and personal damage and losses in other countries. If one tries to estimate the costs of a potential terrorist attack, one has ...
... U.S. dollars in the first year and 730 million U.S. dollars per year thereafter.164 Concerning costs for port security measures, the OECD estimates that U.S. ports alone will incur costs of 963 million U.S. dollars in the first year and ...
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Contents
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3 Joint and several liability? | 135 |
II Interdictions within the framework of International Organizations | 139 |
1 The scope of interferences involving International Organizations | 140 |
2 Responsibility of the international or regional organization? | 143 |
a The United Nations | 144 |
b Regional organizations enforcing embargoes on the seas | 146 |
c Operation Enduring Freedom | 148 |
d Conclusion | 149 |
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III Undocumented Migration | 36 |
IV Narcotic drugs and psychotropic substances | 39 |
V Illegal fishing | 44 |
VI Pollution | 47 |
VII Fading away and backup grounds for interferences | 49 |
C Legal limits for interferences and the role of State responsibility | 51 |
Principles drawn from the treaty provisions on State responsibility for interferences with navigation on the high seas | 56 |
A Treaty interpretation | 58 |
I Interpretation of the wording | 59 |
II Interpretation of the context | 61 |
III Object and purpose | 63 |
IV A hierarchy of methods under Art 31 VCLT | 64 |
V Supplementary means of interpretation | 65 |
B An individual right to claim compensation? | 67 |
I The ordinary meaning of the relevant provisions | 68 |
II Context | 70 |
2 The conventions succeeding the Law of the Sea Convention | 71 |
3 Subsequent practice | 72 |
4 Rules of general international law | 75 |
5 Invocation of State responsibility by private entities in maritime matters | 79 |
6 The primary right affected by the interference | 84 |
b The relevance of the right to property | 88 |
7 Conclusion | 91 |
III Object and purpose | 93 |
IV Preparatory work | 94 |
2 The Intervention Convention | 97 |
3 The Straddling Fish Stocks Agreement | 101 |
4 The Migrant Smuggling Protocol | 104 |
5 The 2005 Protocol to the SUA Convention | 106 |
V Conclusion | 111 |
requirement of wrongfulness? | 112 |
I Art 110 para 3 LOSC the prototype of liability for lawful conduct in the Law of the Sea | 113 |
II Hot pursuit under Art 111 para 8 LOSC | 115 |
III The seizure of pirate ships under Art 106 LOSC | 116 |
IV Interferences under the Intervention Convention | 118 |
V Liability for interfering with the navigation of fishing vessels under the Fish Stocks Agreement | 120 |
VII Terrorism interdiction operations under the 2005 SUA Protocol | 122 |
VIII The effect of the special nature of the compensation provisions | 123 |
IX Conclusion | 125 |
D Responsibility for attempted interferences | 126 |
E The liable entity particularly in situations of multilateral boardings | 127 |
I Bilateral boardings | 128 |
2 The principles in the general law on State responsibility | 130 |
b Participation | 132 |
1 Aid and assistance | 133 |
3 Vicarious liability for internationally lawful conduct? | 134 |
4 The applicability of the compensation provisions to International Organizations | 153 |
5 Conclusion | 156 |
II The limited reception of the doctrine in international maritime conventions | 161 |
III Contributory negligence in the general law on State responsibility | 162 |
IV Contributory negligence in cases codified by maritime conventions | 164 |
G Consensual boardings | 165 |
H The extent of responsibility | 170 |
2 Qualification of the damage | 173 |
b Any damage harm or loss | 175 |
II The provisions and the general law on State responsibility | 176 |
III Types of damages which may be claimed and their calculation | 179 |
2 Expected profits | 182 |
3 Value of the vessel and cargo | 184 |
4 Detention and mistreatment of the crew | 186 |
5 Punitive damages | 189 |
6 Interest | 192 |
a Starting date | 193 |
b When does the interest stop to run? | 195 |
7 Currency of the compensation | 196 |
8 Damage to the flag state | 197 |
9 Costs and expenses | 198 |
10 The ability of the respondent State to compensate | 199 |
distinction between disproportionate and proportionate damages? | 200 |
J Some procedural issues | 203 |
II Competing claims of protection | 207 |
III An obligation to forward the compensation award to the victim? | 210 |
The US strategy 28 bilateral treaties and the Proliferation Security Initiative | 215 |
A The 1924 Liquor Treaties | 216 |
B The 1981 Exchange of Notes | 217 |
C Bilateral antidrugs and migration agreements | 219 |
I Shipboarding | 222 |
II Shipriders | 223 |
III Entrytoinvestigate and pursuit | 224 |
IV Conclusion | 225 |
E Ship Boarding Agreements within the framework of the Proliferation Security Initiative | 227 |
F United States law on State Liability | 229 |
Compensation for interferences in international conflicts | 233 |
I Three views concerning the legality of visit and search of neutral vessels in times of war | 234 |
II Compensation under the traditional law of naval warfare | 236 |
III Liability under the San Remo Manual | 241 |
IV The restrictive view and its consequences for State responsibility | 242 |
VI Conclusion | 244 |
Conclusions and outlook | 249 |
B Outlook to the future of the liability regime concerning interferences with navigation on the high seas | 251 |
Relevant compensation provisions | 253 |
Bibliography | 255 |
Table of cases | 279 |
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State Responsibility for Interferences with the Freedom of Navigation in ... Philipp Wendel No preview available - 2009 |