Historic Waters and Historic Rights in the Law of the Sea : a Modern Reappraisal, 2nd Edition.

Historic Waters and Historic Rights in the Law of the Sea : a Modern Reappraisal, 2nd Edition.

"This new edition discusses the important clarifications on historic maritime claims particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippi...

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Bibliographic Details
Main Author: Symmons, Clive R.
Format: eBook
Language:English
Published: Boston : BRILL, 2019.
Series:Publications on Ocean Development Ser.
Subjects:
Law of the sea > History.
Continental shelf > Law and legislation.
Continental shelf > Law and legislation
Law of the sea
History
Online Access:Click for online access
Table of Contents:
  • Intro; Contents; Preface and Acknowledgements; Maps; Chapter 1 General Issues Relating to Definitions of Historic Rights and Historic Waters; Chapter 2 Differences between Historic Rights and Historic Waters; Chapter 3 Additional Definitional Problems Relating to Historic Maritime Claims; Historic Title, 'Traditional' Rights: 'Quasi-Territorial' Rights and 'Exclusive' Historic Rights; Chapter 4 Do Historic Rights/Waters Only Comprise Exceptional Claims?; Chapter 5 The Inter-relationship of the Doctrine ofHistoric 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 ChinaChapter 6 The Types of Waters to Which Historic Claims May Be Made; Chapter 7 The Regime of Historic Waters in the Case of Bays, Coastal and Oceanic Archipelagoes, Straits and Territorial Seas; Chapter 8 Historic Rights and Delimitation of Maritime Zones; Chapter 9 A Possible Rationale of Historic Rights Based on Prescription; Chapter 10 An Example from the Past of an Excessive Claim and Adverse International Reaction: The Russian Ukase of 1821 concerning Waters off Alaska
  • Chapter 11 Possible International Origins of Historic Claims to Waters: International Judicial Decisions, Proceedings before International Tribunals, and TreatiesChapter 12 Problems as to When and Whether an Alleged Historic Claim Has Been Made; Chapter 13 The International Legal Requirements for Historic Waters and Rights; Chapter 14 Exercise of Authority: The Need for a Formal and Official Claim; Chapter 15 The Official Claim Must Be Clear and Consistent; Chapter 16 The Necessity for Publicity of Historic Claim: Publication/Notification of the Claim toOther States
  • Chapter 17 The Need for Continuity of Historic Claim and for Satisfaction of the Time FactorChapter 18 The Need for Effective Exercise of Jurisdiction; Chapter 19 Knowledge of, and Acquiescence to, Historic Claims; Chapter 20 Vital Interests ('Vital Bays'): A 'Fourth' Factor Relevant to Evidence of Historic Waters?; Chapter 21 The Burden of Proof Required for Historic Claims to Rights or Waters; Chapter 22 Reliance for Historic Title on Succession to Actions and Claims of a Predecessor; Chapter 23 Problems Relating to Disclaimer of Historic Title
  • Chapter 24 Conclusions: Does the Concept of Historic Waters or Historic Rights Have Continuing Relevance in Contemporary International Law?Appendix; Bibliography; Index

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