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The Need for Continuity of Historic Claim and for Satisfaction of the Time Factor

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Chapter Summary

The very requirement of continuity of claim implies a claim having been in existence for a considerable time, and hence having some historicity. The UN Juridical Regime in fact mentions both "prolonged" and "continued" periods of claim. The continuity requirement in turn is interlinked not only with time requirement, but also with the effectiveness of jurisdictional exercise requirement. It may thus be argued that in Alaska v. US, a date of 1903 constituted the "critical date" at which the alleged origins of Alaskan historic ?claim' were to be assessed. This meant that if the federal entity did not make valid historic title pretensions then, any subsequent ones would be too late in time. The continuity/time aspect tends to interrelate not only with ?effectiveness principle' but also with the requirement of international acquiescence, inasmuch as longer the claim has been existence the lesser may be the required degree of such acquiescence.

Keywords: Alaska v. US; continuity of historic claim; international acquiescence; jurisdictional exercise; time requirement; UN Juridical Regime



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