State Responsibility for Interferences with the Freedom of Navigation in Public International Law

Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.

Résumé

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.

Contenu
The perpetual conflict between freedom and security in the Law of the Sea.- Principles drawn from the treaty provisions on State responsibility for interferences with navigation on the high seas.- The U.S. strategy: 28 bilateral treaties and the Proliferation Security Initiative.- Compensation for interferences in international conflicts.- Conclusions and outlook.