Historic waters in the law of the sea : a modern re-appraisal
著者
書誌事項
Historic waters in the law of the sea : a modern re-appraisal
（Publications on ocean development / general editor, Shigeru Oda, v. 61）
Martinus Nijhoff, 2008
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注記
Includes bibliographical references (p. [305]-309) and index
内容説明・目次
内容説明
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 v. 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.
目次
Preface and Acknowledgments
List of Maps
Chapter 1
General Issues Relating to Historic Waters
Chapter 2
The Types of Waters to which Historic Claims may be Made
Chapter 3
The Regime of Historic Waters in the case of Bays/Coastal Archipelagoes
Chapter 4
Historic Rights and Delimitation of Maritime Zones
Chapter 5
Problems on Exceptional Title, 'Ancient Rights' and Burden of Proof
Chapter 6
An Example from the Past of an Excessive Claim and Adverse International Reaction:
The Russian Ukase of 1821 concerning Waters off Alaska
Chapter 7
Possible International Origins of Historic Claims to Waters:
International Judicial Decisions, Proceedings before International Tribunals and Treaties
Chapter 8
Problems as to When and Whether an Alleged Historic Claim has been Made Eo Nomine
Chapter 9
The International Legal Requirements for Historic Waters/Bays
Chapter 10
Exercise of Authority:
The Need for a Formal, Clear and Consistent Claim
Chapter 11
The Necessity for Publicity of Historic Claim: Publication / Notification of the Claim to Other States
Chapter 12
The Need for Continuity of Historic Claim and for Satisfaction of the Time Factor
Chapter 13
The Need for Effective Exercise of Jurisdiction
Chapter 14
Knowledge of, and Acquiescence to, Historic Claims
Chapter 15
Vital Interests ('Vital Bays'):
A 'Fourth' Factor Relevant to Evidence of Historic Waters?
Chapter 16
Reliance for Historic Title on Succession to Actions and Claims of a Predecessor
Chapter 17
Problems Relating to Disclaimer of Historic Title
Chapter 18
Conclusions:
Does the Concept of Historic Waters have Continuing Relevance in Contemporary International Law?
Appendix
Lists of alleged Historic Bays
Bibliography
Index
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