"Historic waters" in general international law, and as tested in judicial cases

James C. Hsiung

    Research output: Chapter in Book/Report/Conference proceedingChapter

    Abstract

    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).

    Original languageEnglish (US)
    Title of host publicationSeries on Contemporary China
    PublisherWorld Scientific Publishing Co. Pte Ltd
    Pages53-71
    Number of pages19
    DOIs
    StatePublished - 2018

    Publication series

    NameSeries on Contemporary China
    Volume43
    ISSN (Print)1793-0847

    ASJC Scopus subject areas

    • Cultural Studies
    • History
    • Anthropology
    • Sociology and Political Science
    • Economics, Econometrics and Finance (miscellaneous)
    • Political Science and International Relations

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