Suchergebnisse

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?.

An attempt to unravel charting and publicity : requirements imposed by UNCLOS Article 16 / Michael W. Reed -- Problems relating to the drawing of baselines to close shared maritime waters / Tullio Scovazzi -- Problems relating to non-natural and man-made basepoints under UNCLOS / Chris Carleton -- Jurisdictional problems relating to non-flag state boarding of suspect ships in international waters : a practitioner's observations / Neil Brown -- Human rights issues and non-flag state boarding of suspect ships in international waters / Douglas Guilfoyle -- Coastal state jurisdiction and high seas freedoms in the EEZ in the light of the Saiga case / David Anderson -- General problematic issues on exercise of General Problematic Issues on Exercise of Jurisdiction over Modern Instances of Piracy / J. Ashley Roach -- Recent legal issues and problems relating to acts of piracy off Somalia / Andrew Murdoch -- Use of the law of piracy to deal with violent Inter-vessel incidents at sea beyond the 12-mile limit : the Irish experience / Clive R. Symmons -- So-called 'eco-piracy' and interventions by NGOs to protest against scientific research whaling on the high seas : an evaluation of the Japanese position / Atsuko Kanehara -- Peaceful protests against whaling on the high seas -- a human rights-based approach / Jasper Teulings I -- Causes, consequences, and solutions relating to the absence of final and binding outer limits of the continental shelf / Alex G. Oude Elferink -- Problems arising from submissions by states to the CLCS in relation to disputed areas : a selective survey of state practice to date / Robert Volterra -- Third-party reactions to continental shelf submissions, and their treatment by the commission on the limits of the continental shelf / Ron Macnab -- Legal problems relating to differences arising between recommendations of the CLCS and the submission of a particular state / Bjorn Kunoy.