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Navigational Servitudes: Parallels Historic Waters, Cases, Conferences & Publicists

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Chapter Summary

The interplay and balancing of high seas regime and municipal protective jurisdictions at the boundary of the territorial sea is a prime focus for the crucible process. Without conventional geometric criteria for demarcation of closed coastal waters the resolution and transition point between high seas regime navigational servitudes and exclusive littoral State governmental navigational servitudes is the territorial sea baseline. Where delimitation demarcates the seaward extent of historic waters, its determination thereby becomes the ultimate application of the controlling res communis public trust protecting the navigational freedom principle in marginal sea areas through the high seas regime navigational servitudes. In the second half of the 19th century publicists agreed that "absolute territorial jurisdiction" could be exercised over bays, estuaries and other internal waters, which included the right to control innocent passage.

Keywords: 19th century publicists; high seas regime navigational servitudes; littoral State governmental navigational servitudes; municipal protective jurisdictions; navigational freedom principle; res communis public trust



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