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Reliance for Historic Title on Succession to Actions and Claims of a Predecessor

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Chapter Summary

As evidence for a claim to historic waters, the initial claims of a ?predecessor entity' may be important for a successor State in later establishing such a claim, particularly in adding to the time element required. Any successional reliance on an excessive and alleged very old maritime claim may bring in problems of intertemporality and separable doctrine of so-called "ancient rights". General rights of succession to maritime historic claims may be incipient rights only at the predecessor-in-title stage which only later become consummated by successor State. It seems that in this intertemporal context, past actions of a predecessor must measure up to the same general requirements as are allegedly necessary in contemporary international law to prove historic waters title, such as formal claim and effective exercise of jurisdiction therein in contrast to the laxer intertemporal law which may have been applied in early international law to acquisition of territory generally.

Keywords: ancient rights; historic waters title; incipient rights; international law; intertemporality; maritime historic claims; predecessor entity; successional reliance



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