Historic waters and historic rights in the law of the sea : a modern reappraisal

Symmons, Clive Ralph, author

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Summary

  • "This new edition discusses the important clarifications on historic maritime claims particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine."--

Notes

  • Includes bibliographical references and index.

Contents

  • General issues relating to definitions of historic rights and historic waters -- Differences between historic rights and historic waters -- Additional definitional problems relating to historic maritime claims : historic title, 'traditional' rights: 'quasi-territorial' rights and 'exclusive' historic rights -- Do historic rights/waters only comprise exceptional claims? -- The inter-relationship of the doctrine of historic rights with the regime of the LOSC and the impact of the LOSC on the doctrine of historic rights in the narrow sense as discussed in Philippines v China -- The types of waters to which historic claims may be made -- The regime of historic waters in the case of bays, coastal and oceanic archipelagoes, straits and territorial seas -- Historic rights and delimitation of maritime zones -- A possible rationale of historic rights based on prescription -- An example from the past of an excessive claim and adverse international reaction : the Russian ukase of 1821 concerning waters off Alaska -- Possible international origins of historic claims to waters : international judicial decisions, proceedings before international tribunals, and treaties -- Problems as to when and whether an alleged historic claim has been made -- The international legal requirements for historic waters and rights -- Exercise of authority : the need for a formal and official claim -- The official claim must be clear and consistent -- The necessity for publicity of historic claim: publication/notification of the claim to other states -- The need for continuity of historic claim and for satisfaction of the time factor -- The need for effective exercise of jurisdiction -- Knowledge of, and acquiescence to, historic claims -- Vital interests ('vital bays') : a 'fourth' factor relevant to evidence of historic waters? -- The burden of proof required for historic claims to rights or waters -- Reliance for historic title on succession to actions and claims of a predecessor -- Problems relating to disclaimer of historic title -- Conclusions: does the concept of historic waters or historic rights have continuing relevance in contemporary international law?
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