Historic waters in the law of the sea : a modern re-appraisal / by Clive R. Symmons.

Format:

Book

Author/Creator:

Symmons, Clive Ralph.

Series:

Publications on ocean development ; v. 61.

Publications on ocean development ; v. 61

Language:

English

Subjects (All):

Law of the sea--History.

Law of the sea.

Maritime law--History.

Maritime law.

Physical Description:

1 online resource (336 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2008.

Language Note:

English

Summary:

This work reassesses the doctrine, and present-day status, of historic waters in the law of the sea, particularly in the light of the most recent decisions of the International Court of Justice which have referred to the topic and in the United States, such as Alaska volume US (2005), in which the author acted as expert witness for the US federal Government. The latter case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law, including matters such as burden of proof.

Contents:

General issues relating to historic waters

The types of waters to which historic claims may be made

The regime of historic waters in the case of Bays/Coastal Archipelagoes

Historic rights and delimitation of maritime zones

Problems on exceptional title, 'Ancient Rights' and burden of proof

An example from the past of an excessive claim and adverse internation reaction : the Russian Ukase of 1821 concerning water off Alaska

Possible international origins of history 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 Eo Nonine

The international legal requirements for historic waters/bays

Exercise of authority : the need for a formal, clear and consistent claim

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?

Reliance for historic title on succession to actions and claims of a predecessor

Problems relating to disclaimer of historic title

Conslusions : Does the concept of historic waters have continuing relevance in contemporary internation law?

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [305]-309) and index.

ISBN:

1-281-93984-6

9786611939847

90-474-2375-5

OCLC:

312933541

Publisher Number:

10.1163/ej.9789004163508.i-322 DOI