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.
Clive Symmons, Ph.D. (Bristol), is currently a Visiting Research Fellow at Trinity College, Dublin; and was formerly also Adjunct Professor in the Marine Law & Ocean Development Centre, National University of Ireland, Galway. He has authored many articles and several books on Law of the Sea issues.
Table of contents
Preface and Acknowledgments
List of Maps
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 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 Eo Nomine
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
Does the Concept of Historic Waters have Continuing Relevance in Contemporary International Law?
Lists of alleged Historic Bays
International and Maritime Lawyers, Law of the Sea Institutions, Foreign Affairs Advisers, Historians.