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Problems as to When and Whether an Alleged Historic Claim Has Been Made Eo Nomine

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Chapter Summary

The question of when an historic waters claim was actually made seems to have analogies with ?critical date' factor in disputes over land territory. In a maritime context this matter had a particular relevance in Fisheries case respecting when the alleged Norwegian historic claim was actually initiated. It has been noted in the Australian context, that in past some Australian bays were "not marked as historic". It appears from state practice that even large "bays" have not always been claimed as being "historic". It may, then, be an additional requirement relating to notification of any ?historic' claim that publication of claim must specify that it is being made on such an historic basis, if only to put interested foreign States on notice of a potentially exceptional claim. Coupled with this matter, this chapter considers the broader aspect of lack of clarity as to a particular State's international historic maritime claim.

Keywords: eo nomine; Fisheries case; historic basis; historic waters claim; lack of clarity; maritime claim



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