The International Law of Bays

ISBN-13: 9789401503815 / Angielski / Miękka / 1963 / 426 str.

Mitchell P. Strohl

Opis

The purpose of this book is to describe the problems posed in the formulation of international rules for bays at the present time, to investigate the history of the several interests that have influenced the development of such rules, to trace the efforts that have been made to codify the rules, and to suggest a further refinement of the rules. This book seeks to combine the fruits of the writer's experience as a navigator with those of his studies in international law, geography, history and economics. Although, after study and thought upon the subject, there is likely to arise an initial desire to write a work that is truly definitive, one must resign himself to something of lesser scope. That being so, there is, if anything, an increased demand upon the writer to exercise careful judgment in his research, and in his exposition of the subject. This writer can only hope that he has discharged this responsi bility to the degree that his efforts will have clarified some issues and that what he has set on paper may be of some assistance to others. This writer has attempted to be as objective as possible in his inter pretations, and he has made no attempt to defend the policy of any State. In so doing, he is weil aware of the fact that for broader policy reasons, some of the views expressed herein cannot be officiaily accept ed as bases for action."

Spis treści

One. Introduction.- One. The Problem of Bays in the Law of the Sea 3 Section A. National Sovereignty versus Freedom of the Seas.- Section B. (i) Origins of the Problem.- (ii) The Roman Period.- Section C. The Economic Interest.- Section D. The Navigation Problem.- Section E. The Defense Interest.- Two. Terminology.- Section A. (i) Definition of a Bay as formulated by the 1958 United Nations Law of the Sea Conference.- (ii) Impact of the Definition on Sovereignty over the World’s Bays.- Section B. Glossary of Terms.- Section C. Linguistic Variations in Terms.- Section D. Geographic and Hydrographic Measurements.- Appendix A. Etymology of the Word ‘Bay’.- Two. The Bays within the Littoral of a Single State.- A. Development of the Law of Bays.- Three. Development from the Fall of Rome to 1800.- Section A. Introduction.- Section B. Navigation.- Annex A. Table of Navigation: Development to 1800 A.D..- Section C. The Economic Interest.- Section D. The Defense Interest.- Section E. Synthesis and the Law.- Annex B. Summary of Treaties, Opinions, Writings and Practices to 1800.- Four. Development from 1800 to the Present.- Section A. Introduction.- Section B. Navigation.- Section C. Economics.- Table of Fishery Regulations and Conventions Containing Provisions Delimiting Bays.- Table of Customs Regulations Delimiting Bays.- The Moray Firth Case of 1906.- The North Atlantic Coast Fisheries Arbitration of 1910.- The Anglo-Norwegian Fisheries Case.- Annex A. The United States-Great Britain Convention of 20 October 1818.- Section D. Defense.- Table of Excerpts from Neutrality Declarations in which Bays are Delimited.- Section E. Some Current Issues.- Five. Efforts at Codification.- Section A. Unofficial Bodies.- Table of Brief Statements on Bays by Publicists during the Period 1800–1910.- Section B. The Hague Codification Conference of 1930.- Annex A. The American Proposal regarding etc..- Annex B. The French Compromise Proposal regarding etc..- Section C. The United Nations International Law Commission.- Annex A. Draft Article Submitted to Fifth (1953) Session.- Section D. The Geneva Conference of 1958.- Annex A. Draft of the Inter-American Council of Jurists.- Section E. Summary.- B. The Historic Bay.- Six. Hudson Bay, A Case Study.- Section A. Geographical Description.- Section B. Discovery and Claim to Possession.- Annex A. Excerpt from the Charter of the Hudson’s.- Bay Company.- Section C. Recognition of the Claim.- Section D. The Changing Economic and Defense Situation.- Seven. The Concept of the Historic Bay.- Section A. Origin of the Term.- Section B. State Practice and Claims to Specific Bays.- Section C. Writings of Publicists.- Section D. Judicial Decisions.- Section E. Efforts at Codification.- Annex A. Excerpt from Statement by Professor Francois at 1958 Geneva Conference.- Section F. On the Theory of Prescription.- Section G. Summary.- Eight. Peter The Great Bay, A Current Issue.- Section A. Geographical Description of the Soviet Claim.- Section B. Historical Background.- Annex A. Japan-Soviet Union Exchange of Notes, 30 March 1944.- Section C. The Soviet Claim and Exchanges of Notes.- Section D. Summary.- Three. The Bay Within the Littoral of Two or More States.- Nine. The Bay Within the Littoral of Two or More States.- Section A. Introduction.- Section B. The Gulf of Fonseca.- Section C. The Bay of Fundy.- Section D. The Bay of Gibraltar.- Section E. The Gulf of Aqaba.- Four. Conclusions.- Ten. Conclusions: A proposed Codification for Bays.