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The Regime of Historic Waters in the Case of Bays/Coastal Archipelagoes

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Chapter Summary

According to the main authorities, historically-enclosed waters are generally internal. It was argued its pleadings to the case by El Salvador that as there was no single category of ?historic bays' or ?historic waters' each historic claim case depended upon its own circumstances. Despite the rather unique features relating to a pluristate bay in the case, the ICJ found the status of waters enclosed in a properly-proved historic bay intrinsically to have the status of internal waters. This chapter focuses on the following questions: are historic coastal archipelagic waters of the same internal status as historic bays? does a subsequent change of geographical or other fundamental circumstances affect the regime of waters resulting from a previously-claimed historic title?

Keywords: coastal archipelagic waters; historic bays; historic waters; ICJ; internal waters



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