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The International Legal Requirements for Historic Waters/Bays

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Chapter Summary

The basic requirements for proving historic title to waters - exercise of authority over the area, continuous and effective exercise of relevant jurisdiction, and international acquiescence - as laid out in the UN Juridical Regime - have received the imprimatur of approval in an international legal context - the El Salvador/Honduras case. Sub-rules can be teased out of the three broad above-mentioned requirements. These, in turn, tend to inter-relate with each other and other facets of the general principles underlying the doctrine. For example, if the alleged ?exceptional claim' requirement is vital to an historic waters claim, this intrinsically inter-relates with the acquiescence requirement inasmuch as this makes the likelihood of an expected protest more clearly called for; and it also inter-relates with the timing requirement for any protest. The ?effective exercise' requirement in turn inter-relates with the formal declaration/ publicity requirement which is discussed in this chapter.

Keywords: El Salvador/Honduras case; exceptional claim; historic waters claims; international acquiescence; international legal context; UN Juridical Regime



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