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The Types of Waters to Which Historic Claims May Be Made

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Chapter Summary

The UN Memorandum of 1957 stated broadly that historic waters were not limited to bays, but could also be applied "to straits, to the waters within archipelagoes, and generally to the various areas capable of being comprised in the maritime domain of the State"; and Norway asserted in Fisheries case that historic title could apply to any waters-in fact, to "all forms of maritime territory". Because of the inherent freedom of navigation which lies in concept of straits, this throws up an added difficulty for a State making an historic waters claim which includes such passages as internal waters. The fact that States such as Russia have attempted to include straits within such claims, leading to international protest, shows that the requirement of international acquiescence is, in any event, unlikely to be satisfied in such cases. This chapter discusses the types of water to which historic claims may be made.

Keywords: archipelagoes; historic waters claims; internal waters; maritime domain; straits; types of waters; UN Memorandum



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