Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Necessity for Publicity of Historic Claim: Publication / Noti? Cation of the Claim to Other States

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The need for adequate publicity for an historic claim has featured strongly in past diplomatic protests where publicity of claim has been lacking. In fact, this factor approximates, in the light of intertemporal law, to the requirement for publicity over straight baselines/closing lines in the modern law of the sea concerning certain juridical maritime claims; so that arguably any ?straight' baseline system-whether juridical or, arguably, even if exceptional-have similar rules in this regard. Bouchez emphasises that there must, seemingly in addition to proclamation of an historic claim, be "notification" of same, usually through normal diplomatic channels. It may be sufficient, in appropriate circumstances, for publicity of the historic claim to come to other States not via an official communication, but through the claimant's immediate follow-up of an essentially unannounced ?claim' by open exercise of relevant jurisdiction in the claimed waters. Obviously lack of publicity affects the principle of acquiescence.

Keywords: claimed waters; diplomatic channels; historic claim; juridical maritime claims; law of the sea; notification; principle of acquiescence; publicity of claim



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Historic Waters in the Law of the Sea — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation