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

Preface

Contents

Abbreviations

Introduction

Chapter I: The perpetual conflict between freedom and security in the Law of the Sea

A. The freedom of navigation – cornerstone of the Law of the Sea

B. Security concerns brought forward to interfere with navigation

C. Legal limits for interferences and the role of State responsibility

Chapter II: Principles drawn from the treaty provisions on State responsibility for interferences with navigation on the high seas

A. Treaty interpretation

B. An individual right to claim compensation?

C. The act entailing responsibility: requirement of wrongfulness?

D. Responsibility for attempted interferences

E. The liable entity – particularly in situations of multilateral boardings

F. The effect of conduct by the boarded party

G. Consensual boardings

H. The extent of responsibility

J. Some procedural issues

Chapter III: The U.S. strategy: 28 bilateral treaties and the Proliferation Security Initiative

A. The 1924 Liquor Treaties

B. The 1981 Exchange of Notes

C. Bilateral anti-drugs and migration agreements

D. Liability under the loose framework of the Proliferation Security Initiative

E. Ship Boarding Agreements within the framework of the Proliferation Security Initiative

F. United States law on State Liability

Chapter IV: Compensation for interferences in international conflicts

A. The law of naval warfare

B. Interdictions authorized by the United Nations Security Council

Chapter V: Conclusions and outlook

A. Major conclusions

B. Outlook to the future of the liability regime concerning interferences with navigation on the high seas

Annex 1: Relevant compensation provisions

Annex 2: Bibliography

Annex 3: Table of cases

About the International Max Planck Research School for Maritime Affairs at the University of Hamburg