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

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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

10.1163/ej.9789004163508.i-322.45
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