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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 v. 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.
Drawing on papers presented at Trinity College, Dublin, in 2010, Selected Contemporary Issues in the Law of the Sea provides a cohesive discussion on various challenges involved with the law of the sea. International experts cover topics such as straight baselines, high seas/EEZ jurisdiction, the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas.

In addition, Selected Contemporary Issues in the Law of the Sea delves into topics seemingly neglected in contemporary literature. The permissible use of artificial constructions as basepoints is discussed, for example, as are human rights issues involved in boarding non-flag ships; and in the context of piracy, issues such as the Japanese and NGO (Greenpeace) attitudes to current interventions (so-called ‘eco-piracy’) by NGO ships to prevent Japanese whaling activities in Antarctic waters.
The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.
In: International Journal of Estuarine and Coastal Law
In: Historic Waters and Historic Rights in the Law of the Sea
In: Historic Waters and Historic Rights in the Law of the Sea
In: Historic Waters and Historic Rights in the Law of the Sea