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

1. General Issues Relating to Historic Waters
2. The Types of Waters to which Historic Claims may be Made
3. The Regime of Historic Waters in the case of Bays/Coastal Archipelagoes
4. Historic Rights and Delimitation of Maritime Zones
5. Problems on Exceptional Title, ‘Ancient Rights’ and Burden of Proof
6. An Example from the Past of an Excessive Claim and Adverse International Reaction: The Russian Ukase of 1821 concerning Waters off Alaska
7. Possible International Origins of Historic Claims to Waters: International Judicial Decisions, Proceedings before International Tribunals and Treaties
8. Problems as to When and Whether an Alleged Historic Claim has been Made Eo Nomine
9. The International Legal Requirements for Historic Waters/Bays
10. Exercise of Authority: The Need for a Formal, Clear and Consistent Claim
11. The Necessity for Publicity of Historic Claim: Publication / Noti cation of the Claim to Other States
12. The Need for Continuity of Historic Claim and for Satisfaction of the Time Factor
13. The Need for Effective Exercise of Jurisdiction
14. Knowledge of, and Acquiescence to, Historic Claims
15. Vital Interests (‘Vital Bays’): A ‘Fourth’ Factor Relevant to Evidence of Historic Waters
16. Reliance for Historic Title on Succession to Actions and Claims of a Predecessor
17. Problems Relating to Disclaimer of Historic Title
18. Conclusions: Does the Concept of Historic Waters have Continuing Relevance in Contemporary International Law?

This work reassesses the doctrine, and status, of historic waters in the law of the sea, particularly in the light of recent developments, such as in Alaska v. US (2005), which case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law on the topic, including matters such as burden of proof.