Historic Waters in the Law of the Sea: A Modern Re-Appraisal by Clive Symmons

By Clive Symmons

This paintings reassesses the doctrine, and present-day prestige, of old waters within the legislations of the ocean, rather within the mild of the newest judgements of the overseas courtroom of Justice that have observed the subject and within the usa, akin to Alaska v. US(2005) within which the writer acted as professional witness for the united states federal executive. The latter case varieties a continuing subject through the publication. distinctive and demanding exam is made up of the alleged ideas in foreign widespread legislation, together with issues similar to burden of facts.

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3. Reply, 28/11/50 at para. 438. , at para. 441. See infra, Chapter 15, section 1. Chapter 2 THE TYPES OF WATERS TO WHICH HISTORIC CLAIMS MAY BE MADE 1. e. customary law) which governs historic title,1 af¿rmed that it seemed clear that “this matter continue[d] to be governed by general international law which does not provide for a single ‘regime’ for ‘historic waters’ or ‘historic bays’, but only for a particular regime for each of the concrete, recognised cases of ‘historic waters’ or ‘historic bays’”.

18. , at p. 474, n. 27. See supra, n. 30. Supra n. 7 at p. 750, para. , at p. 755 (“while the 1917 16 Chapter 1 for example, by the US to Delaware Bay79 – did not originally (when their status was judicially determined, at least) require the modern ‘criteria’ for creation,80 even perhaps glossing over the vital matter of ‘acquiescence’. 81 In centuries past, realisation among nations of an historic waters doctrine as it would later develop was indeed minimal. 83 79 80 81 82 83 Judgment did not use the term [‘historic waters’], [this Court] alone attempts to rely on the concept of ‘historic waters’ ”).

For it is arguable that an internationally-recognised historic claim to such waters predating any relevant international treaty, absent any express clause to the contrary in that treaty, should, by dint of the customary doctrine of historic waters, be seen as capable of overlapping and implicitly overriding pro tanto any new treaty regime. This interpretation is implicitly reinforced by the preamble to the LOSC (1982) expressly stating that “matters not regulated [by the Convention] continue to be governed by the rules and principles of general international law”.

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