TY - CHAP
T1 - "Historic waters" in general international law, and as tested in judicial cases
AU - Hsiung, James C.
PY - 2018
Y1 - 2018
N2 - On the subject of the law of the sea, most analysts, even many experts, look to the 1982 U.N. Convention on the Law of the Sea (UNCLOS III) as if it was the sole authoritative guide, to the neglect of norms in the broader general (customary) international law. It follows therefore that, as the 1982 Convention is totally silent on the question of "historic waters," almost all extant discussions on the South China Sea (SCS) disputes touched on all other legal issues, to the exclusion of historic waters, which is rooted in the Chinese claim over the SCS. This book is an attempt to fill the unfortunate gap; or, to put it more bluntly, to correct the common blunder. And this chapter is devoted to a full explication of the concept and theory of historic waters, in general international law (as opposed to, and much broader than, treaty law).
AB - On the subject of the law of the sea, most analysts, even many experts, look to the 1982 U.N. Convention on the Law of the Sea (UNCLOS III) as if it was the sole authoritative guide, to the neglect of norms in the broader general (customary) international law. It follows therefore that, as the 1982 Convention is totally silent on the question of "historic waters," almost all extant discussions on the South China Sea (SCS) disputes touched on all other legal issues, to the exclusion of historic waters, which is rooted in the Chinese claim over the SCS. This book is an attempt to fill the unfortunate gap; or, to put it more bluntly, to correct the common blunder. And this chapter is devoted to a full explication of the concept and theory of historic waters, in general international law (as opposed to, and much broader than, treaty law).
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U2 - 10.1142/9789813231108_0003
DO - 10.1142/9789813231108_0003
M3 - Chapter
AN - SCOPUS:85047632114
T3 - Series on Contemporary China
SP - 53
EP - 71
BT - Series on Contemporary China
PB - World Scientific Publishing Co. Pte Ltd
ER -