Historic waters in the law of the sea : : a modern re-appraisal / / by Clive R. Symmons.

• Superior document: Publications on ocean development ; v. 61
• Author: Symmons, Clive Ralph.
• Year of Publication: 2008
• Edition: 1st ed.
• Language: English
• Series: Publications on ocean development ; v. 61.
• Physical Description: 1 online resource (336 p.)
• Notes: Description based upon print version of record.

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 volume 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.

Table of Contents

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 internation reaction : the Russian Ukase of 1821 concerning water off Alaska -- Possible international origins of history 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 Nonine -- 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 -- Conslusions : Does the concept of historic waters have continuing relevance in contemporary internation law?