Knowledge of, and Acquiescence to, Historic Claims

Abstract

Without knowledge of an historic claim there can be no true acquiescence. Other States must, obviously, be in a position either to object to or to accept, through knowledge or presumed knowledge, an alleged historic claim. The recency of any alleged historic claim might, of course, also affect the matter of knowledge. For example, in Tunisia/Libya, it was alleged by Libya that since the Tunisian claim to the Gulf of Gabes was "so recent", the issue of acquiescence did not arise. This ?knowledge' factor in turn tends to inter-relate with the factor of effectiveness of enforcement of relevant jurisdiction. Additionally, there is the issue of the relevance of the availability of evidence against an historic claim which may not have received adequate publicity. The requisite kind of knowledge required by international law to prove acquiescence is one of the many legal uncertainties surrounding historic title to waters.Keywords: acquiescence; historic waters claim; international law; jurisdiction; Tunisia/Libya case