Historic Waters in the Law of the Sea

A Modern Re-Appraisal

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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.
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Biographical Note

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

Chapter 1
General Issues Relating to Historic Waters

Chapter 2
The Types of Waters to which Historic Claims may be Made

Chapter 3
The Regime of Historic Waters in the case of Bays/Coastal Archipelagoes

Chapter 4
Historic Rights and Delimitation of Maritime Zones

Chapter 5
Problems on Exceptional Title, ‘Ancient Rights’ and Burden of Proof

Chapter 6
An Example from the Past of an Excessive Claim and Adverse International Reaction:
The Russian Ukase of 1821 concerning Waters off Alaska

Chapter 7
Possible International Origins of Historic Claims to Waters:
International Judicial Decisions, Proceedings before International Tribunals and Treaties

Chapter 8
Problems as to When and Whether an Alleged Historic Claim has been Made Eo Nomine

Chapter 9
The International Legal Requirements for Historic Waters/Bays

Chapter 10
Exercise of Authority:
The Need for a Formal, Clear and Consistent Claim

Chapter 11
The Necessity for Publicity of Historic Claim: Publication / Notification of the Claim to Other States

Chapter 12
The Need for Continuity of Historic Claim and for Satisfaction of the Time Factor

Chapter 13
The Need for Effective Exercise of Jurisdiction

Chapter 14
Knowledge of, and Acquiescence to, Historic Claims

Chapter 15
Vital Interests (‘Vital Bays’):
A ‘Fourth’ Factor Relevant to Evidence of Historic Waters?

Chapter 16
Reliance for Historic Title on Succession to Actions and Claims of a Predecessor

Chapter 17
Problems Relating to Disclaimer of Historic Title

Chapter 18
Conclusions:
Does the Concept of Historic Waters have Continuing Relevance in Contemporary International Law?

Appendix
Lists of alleged Historic Bays
Bibliography
Index

Readership

International and Maritime Lawyers, Law of the Sea Institutions, Foreign Affairs Advisers, Historians.

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