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Historic rights in African state practice

Egede, Edwin 2019. Historic rights in African state practice. Korean Journal of International and Comparative Law 7 (2) , pp. 166-188. 10.1163/22134484-12340123
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Abstract

Historic rights in the law of the sea has been given prominence since the publication by China of the so-called nine-dash line map. Certain States have challenged this claim as inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS) to which China is a State Party. On the other hand, it has been argued that although historic rights claims are not comprehensively regulated by the UNCLOS they are actually governed by the principles of general international law. Consequently, this would require establishing if there is a general and consistent practice of States followed by them from a sense of legal obligation which establish historic rights claims are consistent with Customary International Law. This article explores the State Practice of African States in order to determine whether these States acknowledge and recognize historic rights claims as consistent with contemporary law of the sea.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Department of Politics and International Relations (POLIR)
Publisher: Brill Academic Publishers
ISSN: 2213-4476
Date of First Compliant Deposit: 16 August 2019
Date of Acceptance: 14 July 2019
Last Modified: 16 Mar 2020 01:13
URI: http://orca.cf.ac.uk/id/eprint/124755

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