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Problems Relating to Disclaimer of Historic Title

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Chapter Summary

In theory, it appears permissible for a State, within its sovereign powers, to expressly disclaim an area of historic waters, in principle, disclaim its rights to juridical claims at sea. Should a State that in previous times was forced to rely on historic title, continue to rely for its title on this historic basis alone when this same zone is legitimated under present law of the sea? Theoretically it would seem that voluntary conversion of such waters to a juridical regime would not be to detriment of a claimant State's interest anyway, bearing in mind the historical trend towards more expansive coastal zones in modern law of sea; and it would also rid the claimant State of attached extra worry of possibly losing historic title per se by failing to continuously exercise relevant jurisdiction there, which is seemingly an ongoing legal requirement peculiarly attached to a claim to historic waters.

Keywords: claimant state; disclaim it rights; historic title; historic waters; juridical regime; law of the sea

10.1163/ej.9789004163508.i-322.74
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