Possible International Origins of Historic Claims to Waters: International Judicial Decisions, Proceedings before International Tribunals, and Treaties

Abstract

Evidence of the origin of a particular historic claim may most obviously arise from intraterritorial actions in claimant State such in a decree, legislation or judicial decision; but they may also arise, in whole or in part, from some external agency such as international treaty or adjudication. Where restricted maritime rights claims are imposed by treaty between two or more States, it is possible that this may mark the beginning of an historic waters regime between the parties to treaty which may later expand erga omnes. A specific finding by an international tribunal as to historic status of particular waters may have an effect even erga omnes and beyond the parties to a particular dispute submitted to an international tribunal. This chapter discusses some of these various types of documentary evidence of a claim to historic waters in following headings: international adjudication and historic status of waters fixed under treaties.Keywords: historic claim; historic waters; international adjudication; international judicial decision; international treaty; international tribunal; maritime rights claims