Historic Waters and Historic Rights in the Law of the Sea: A Modern Reappraisal, 2nd Edition
In: Publications on Ocean Development v. 88
In: International Law E-Books Online, Collection 2018, ISBN: 9789004353329
Front Matter -- Copyright page -- Dedication -- Preface and Acknowledgements -- Maps -- Map 1 -- 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? -- Back Matter -- Appendix -- Bibliography -- Index.