000			05289cam a2200445Ii 4500
001			BRILL9789004377028
003			nllekb
005			20260610104827.0
007			cr un uuuua
008			181126s2019 ne sb 001 0 eng d
020			_a9789004377028 _q(electronic book)
020			_z9789004377011 _q(print)
024	7		_a10.1163/9789004377028 _2DOI
035			_a(OCoLC)1056198213
040			_aNL-LeKB _cNL-LeKB _erda
050		4	_aK540-5570
072		7	_aLBBK _2bicssc
072		7	_aLAW _x066000 _2bisacsh
082	0	4	_a341 _223
100	1		_aWitschen, Dieter.
245	1	0	_aHistoric Waters and Historic Rights in the Law of the Sea : _bA Modern Reappraisal, 2nd Edition / _cClive R. Symmons.
264		1	_aLeiden, _aBoston : _bBrill | Nijhoff, _c2019.
300			_a1 online resource.
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _2rdacarrier
490	0		_aPublications on Ocean Development ; _vv. 88
490	0		_aInternational Law E-Books Online, Collection 2018, ISBN: 9789004353329
504			_aIncludes bibliographical references and index.
505	0	0	_aFront Matter -- Copyright page -- Dedication -- Preface and Acknowledgements -- Maps -- Map 1 -- General Issues Relating to Definitions of Historic Rights and Historic Waters -- Differences between Historic Rights and Historic Waters -- Additional Definitional Problems Relating to Historic Maritime Claims; Historic Title, ‘Traditional’ Rights: ‘Quasi-Territorial’ Rights and ‘Exclusive’ Historic Rights -- Do Historic Rights/Waters Only Comprise Exceptional Claims? -- The Inter-relationship of the Doctrine of Historic 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 -- The Types of Waters to Which Historic Claims May Be Made -- The Regime of Historic Waters in the Case of Bays, Coastal and Oceanic Archipelagoes, Straits and Territorial Seas -- Historic Rights and Delimitation of Maritime Zones -- A Possible Rationale of Historic Rights Based on Prescription -- An Example from the Past of an Excessive Claim and Adverse International Reaction: The Russian Ukase of 1821 concerning Waters off Alaska -- Possible International Origins of Historic Claims to Waters: International Judicial Decisions, Proceedings before International Tribunals, and Treaties -- Problems as to When and Whether an Alleged Historic Claim Has Been Made -- The International Legal Requirements for Historic Waters and Rights -- Exercise of Authority: The Need for a Formal and Official Claim -- The Official Claim Must Be Clear and Consistent -- The Necessity for Publicity of Historic Claim: Publication/Notification of the Claim to Other States -- The Need for Continuity of Historic Claim and for Satisfaction of the Time Factor -- The Need for Effective Exercise of Jurisdiction -- Knowledge of, and Acquiescence to, Historic Claims -- Vital Interests (‘Vital Bays’): A ‘Fourth’ Factor Relevant to Evidence of Historic Waters? -- The Burden of Proof Required for Historic Claims to Rights or Waters -- Reliance for Historic Title on Succession to Actions and Claims of a Predecessor -- Problems Relating to Disclaimer of Historic Title -- Conclusions: Does the Concept of Historic Waters or Historic Rights Have Continuing Relevance in Contemporary International Law? -- Back Matter -- Appendix -- Bibliography -- Index.
506			_aAvailable to subscribing member institutions only.
520			_aThe issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal , and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally-particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights-¬such as they now are-are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines volume China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.
650		0	_aContinental shelf _xLaw and legislation.
650		0	_aLaw of the sea.
776	0	8	_iPrint version: _tHistoric Waters and Historic Rights in the Law of the Sea: A Modern Reappraisal, 2nd Edition _dLeiden ; Boston : Brill | Nijhoff, 2019, _z9789004377011
830		0	_aPublications on Ocean Development _v89.
830		0	_aInternational Law E-Books Online, Collection 2018, ISBN: 9789004353329.
856	4		_zDOI: _uhttp://dx.doi.org/10.1163/9789004377028
999			_c14634 _d14634