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

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 China -- Chapter 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 Treaties -- Chapter 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 Factor.

Chapter 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.

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 Philippines v. China, and examines what is now left of the former customary law doctrine.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.