THE LEGAL STATUS OF HISTORIC WATERS IN THE LAW OF THE Sea

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MIRABBASI SAYED BAGHER; KEYKHOSRAVI MAHDI

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2018 | Volume:47 | Issue:4 Page(s): 895-918

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Title

THE LEGAL STATUS OF HISTORIC WATERS IN THE LAW OF THE Sea

Author(s)

MIRABBASI SAYED BAGHER | KEYKHOSRAVI MAHDI | Issue Writer Certificate

Keywords

HISTORIC WATERSQ1

CONVENTION ON THE LAW OF THE SEAQ1

JURIDICAL REGIME OF HISTORIC WATERSQ1

HISTORIC TITLEQ1

HISTORIC BAYSQ1

Abstract

The doctrine of HISTORIC WATERS was introduced in the early twentieth century in international law of the sea. After more than a century of its implementation in between states, the elirtcga is now witnessing progress. Regulations of the Conventions on the Territorial Sea and the contiguous zone as well as the CONVENTION ON THE LAW OF THE SEA, do not address the matter of HISTORIC WATERS. However, in today’s international law, a large number of states are seeking to expand their jurisdictional ambit based on the doctrine of HISTORIC WATERS. But the lack of clear and specific rules concerning the issue at hand, has led to differences on an international level. The fundamental question in this regard is that how the concept of HISTORIC WATERS fits in the international law of the sea? Conducted studies seem to indicate that if the claimant state’s continued sovereignty over HISTORIC WATERS has been sustained within a lengthy duration in comparison to its jurisdiction over the State’s internal waters, and provided that other states do not object the mentioned sovereignty, the claimed zone will be considered as the Claimant State’s internal waters. Furthermore, the same rule also applies in the case of HISTORIC WATERS and territorial sea.

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APA: Copy

MIRABBASI, SAYED BAGHER, & KEYKHOSRAVI, MAHDI. (2018). THE LEGAL STATUS OF HISTORIC WATERS IN THE LAW OF THE Sea. PUBLIC LAW STUDIES QUARTERLY, 47(4 ), 895-918. SID. https://sid.ir/paper/251363/en

Vancouver: Copy

MIRABBASI SAYED BAGHER, KEYKHOSRAVI MAHDI. THE LEGAL STATUS OF HISTORIC WATERS IN THE LAW OF THE Sea. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2018;47(4 ):895-918. Available from: https://sid.ir/paper/251363/en

IEEE: Copy

SAYED BAGHER MIRABBASI, and MAHDI KEYKHOSRAVI, “THE LEGAL STATUS OF HISTORIC WATERS IN THE LAW OF THE Sea,” PUBLIC LAW STUDIES QUARTERLY, vol. 47, no. 4 , pp. 895–918, 2018, [Online]. Available: https://sid.ir/paper/251363/en

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