Historic Title Research Articles

The Roots of Historic Title: Non-Western Pre-Colonial Normative Systems and Legal Resolution of Territorial Disputes

AbstractThe validity of historic or ancient title to territory has been tested in numerous international judicial proceedings, both in the International Court of Justice and in international arbitration. Historic title usually originates in ancient normative systems, including tributary, feudal, sultanate, and Islamic systems that predate the Western international legal system. Nevertheless, the rules against which historic title has been tested in international judicial proceedings generally require that the original titleholder be a state or a central authority that exercised territorial sovereignty over a defined space to the exclusion of other sovereign powers. The rules that apply specifically to these ancient normative systems, where allegiance to authority was personal or religious rather than territorial, have been seen as irrelevant compared to the more contemporary determinations of historic title. The only exceptions have been the French medieval customary normfrankalmoign, which the international arbitral tribunal in theMinquiers and Ecrehoscase cited as evidence that the English king exercised territorial sovereignty over the disputed islands, and the personal allegiance of theOrang Lautto the Sultan of Johore, coupled with the recognition accorded to the latter by the great maritime powers, which the International Court of Justice inMalaysiav.Singaporefound sufficient to prove the historic title of Malaysia over Pedra Branca/Pulau Batu Puteh and Middle Rocks. The principles by which historic title were adjudicated in these cases appear to be the same principles by which the Western powers dealt with the claims of the People's Republic of China and Vietnam to the Paracel Islands and the Spratly Islands, not only during the colonial period but also after the Second World War. This analysis suggests how the International Court of Justice or an international arbitral tribunal might, if given the opportunity, resolve these South China Sea disputes. Readers might also find this analysis to be particularly relevant to other disputes involving historic title, including the East China Sea disputes, although the focus of this article is on the South China Sea disputes. States and other commentators are left to rely on their own preferences and allegiances in reaching their own normative conclusions using the novel analysis provided by this article.

Prescription in International Law

The article shows that prescription is recognized as a mode of acquisition of territory within International Law. Though there is no term “prescription” in universal international conventions such international treaties do operate with the term “historic title” as an accepted notion. The purpose of prescription is to be a legitimization of continued, factual and uncontested authority of a state over a territory. Different theoretical constructions of prescription in the teachings of specialists in International Law are not supported by International courts and arbitrations. For them what matters is which of the parties in a dispute has a sovereignty over the disputed territory. Nevertheless such courts and arbitrations usually do not consider the status of prescription in the modern International Law.

Sternberg, the Second Folklorist

By rights, Vincent Thomas Sternberg (1831–80) should be remembered as the man to write the first book with ‘folklore’ in its title. Instead, he currently holds greater posthumous fame as ‘the Leeds Library ghost’. This is very much to be regretted, as his book The Dialect and Folk-Lore of Northamptonshire (1851) is not only of interest due to its historic title, but also prefigures some of the fault-lines that have marked folklore studies in England and elsewhere ever since: the insecurity of the author at the triviality of his material, whether and quite how those who know and enact lore should be represented, and so on.

A Legal Analysis of China’s Historic Rights Claim in the South China Sea

The recent turmoil created by the competing sovereignty claims of several countries over islands and waters in the South China Sea has caused the resurgence of the concept of “historic rights.” Although the term historic rights (sometimes confusingly used in this context in combination with other germane notions, such as historic waters and historic title) has often been imbued with a certain degree of confusion and controversy in international law, it seems bound to play an important part inthe arguments brought by states claiming sovereignty in this region and, in particular, by the People’s Republic of China (China). The vagueness of the legal terminology used by China raises the issue of whether that very vagueness is being used as an element of political strategy.

Scottish Devolution and Basque Historical Titles: Two Legal Paths Towards Co-Sovereignty

The legal and political process of Devolution within the UK-Scottish relations contains similarities and potentials of remarkable comparative interest with the constitutional clauses of recognition of Basque Historical rights or titles within the Spanish Constitution. Nowadays, the EU framework is suitable in both cases to ease and foster this interest within a background of progressive cosovereignty at the EU.

China's “U-Shaped Line” Claim in the South China Sea: Any Validity Under International Law?

China's recent claims to a large “U-shaped” area in the South China Sea, involving the disputed Spratly and Paracel Islands, has given rise to a number of serious criticisms not only from neighboring states, but also some states beyond the region. The claim also raises a number of theoretical questions, including whether historic title claims without hard evidence have validity under international law. This article explores this and other issues raised by China's U-shaped claim.

NS-Provenienzforschung an der Universitätsbibliothek der Medizinischen Universität Wien

Im Mai 2007 wurde an der Universitätsbibliothek der Medizinischen Universität Wien ein Projekt der NS-Provenienzforschung an historischen Medizinbibliotheken in Wien gestartet. Ziel ist die Identifizierung jener Bücher aus dem historischen Bestand der Wiener medizinischen Bibliotheken, die zwischen 1938 und 1945 gestohlen und an die medizinischen Institute und Kliniken verkauft worden sind, sowie deren Restitution an die rechtmäßigen Eigentümer. Bisher wurde ca. die Hälfte des zu untersuchenden Bestandes (Erscheinungsjahr vor 1945) überprüft. In 252 Fällen wurden Bücher als eindeutig geraubt identifiziert. Diese Bücher stammen aus dem Besitz von 34 Personen und Institutionen.

The Authority of States to Use Names in International Law and the Macedonian Affair: Unilateral Entitlements, Historic Title, and Trademark Analogies

AbstractThe international legal entitlement by which a state constitutionally designates its name, or a province therein, involves a unilateral act. Where, however, another state wishes to choose the same appellation, as is the case with the former Yugoslav Republic of Macedonia (FYROM), the matter can only be resolved by reference to the first user and the maxim prior in tempore potior in jure. The first user must provide evidence of continuous use and of protest in those cases where the same appellation was appropriated by a third state. Under such circumstances the entitlement becomes exclusive, rather than concurrent, because the prior user may be said to possess a sound historic title, such that has been recognized by international judicial bodies to determine acquisition of territory, effective administration, historic bays, and so on. The exclusivity of the entitlement is further reinforced by analogy with general principles derived from the law of trademarks. At a practical level, the application of the international law of geographical indications clearly demonstrates that the designation ‘Macedonia’ cannot be used for a significant number of products originating in FYROM, since the Greek province of Macedonia has for a long time branded and registered such products. This will create insurmountable problems for producers in FYROM when they try to brand their goods under the country's constitutional name. A change of name, particularly through the compromisory use of a compound, would alleviate legal, political, and financial concerns.

Estimation and Validation of Biomarker-Based Exposures for Historical Ammonium Perfluorooctanoate

Ammonium perfluorooctanoate (APFO) exposures were estimated for use in an occupational mortality study using detailed work histories of cohort members and an exposure reconstruction model developed from occupational information and serum PFO− data collected in 2004 as part of a cross-sectional health survey. Measured serum PFO− levels of the health survey participants were linked with the job title held by the individuals at the time of sampling. The median, range, and distribution of serum levels were calculated to determine the typical exposure intensity for each job title. High variability was observed in the serum levels of workers within the same job titles. In addition, working in many “APFO-use” jobs did not result in higher exposure than working in “no APFO-use” jobs. Each job title was then assigned to one of three relative APFO job exposure categories (low, medium, or high). Participants' length of time in their job was examined in relation to their serum PFO− level and found unlikely to contribute to misclassification of job titles within exposure categories. The mean of the serum PFO− measurements for each job exposure category served as the mean intensity factor. Subsequently, the job exposure categories were applied to all historical job titles of the mortality cohort based on their correspondence with job titles represented in the health survey. The resulting job exposure matrix was validated with additional historical blood data collected between 1979 through 2002 from voluntary participants in a separate biomonitoring program. The validation analyses showed general agreement between estimated and measured exposure, reflecting the within-job-title variability observed in measured serum levels used to classify job exposure.

Collaboration and Organization for Successful Serials Cancellation

ABSTRACT Serials cancellations are dreaded equally by librarians and faculty. Previously, faculty reviewed title lists, and librarians canceled what they recommended. Today's cancellation process is more complex; there has to be a context and a timetable. Reports must include at least data about historical pricing and titles associated with e-packages that are not cancellable. Although libraries' workflows differ, there are basic steps necessary to carry out a successful cancellation process. This joint presentation demonstrated how integrated planning and the use of serials management tools are used to organize complex information into useable data. It takes early and collaborative planning between Collection Development, teaching faculty, and Serials Technical Services to make a dreaded process less painful and more effective. This tactics session was delivered in parts by Susanne Clement and Gaele Gillespie, Head of Collection Development and Serials Librarian, respectively, at Watson Library, University of Kansas, and by Sarah Tusa, Coordinator of Collection Development and Acquisitions at the Mary and John Gray Library, Lamar University.

The Arctic Waters and the Northwest Passage: A Final Revisit

Climate change has reduced the extent and thickness of sea ice in the Arctic, making international shipping in the Northwest Passage a virtual certainty in the foreseeable future. Such future shipping raises the question of whether the Passage is or might become an international strait, with the consequent right of transit passage. This article examines the two possible legal bases for Canada's claim that the waters of the Canadian Arctic Archipelago are internal waters: a historic title and straight baselines. It also addresses the issue of the possible internationalization of the Passage, if Canada does not take preventive measures. Some such measures are recommended in the last part of the article.

Who Shot the Mahatma? Representing Gandhian Politics in Indian Comic Books

Amar Chitra Katha (‘Immortal Picture Stories’) is the leading Indian comic book series, with 440 mythological and historical titles and sales of over 86 million issues. In 1989, after twenty years of publishing success, the producers of this series decided to release two issues on the world-renowned Indian politician and activist, Mahatma Gandhi. But Gandhi, best known for his technique of non-violent civil resistance, presented a formidable challenge: How to depict the Mahatma, paragon of peace and non-violence, in a visual medium that is notorious for its action and violence? This article examines the relationship between text and image in these comics, and draws upon interviews with authors and artists, to better understand the contested memory of Gandhi in India today as well as the contested concept of non-violence.

Les problèmes de droit international de l’Arctique

The territorial sovereignty over Alaska, the Arctic islands of the Soviet Union, Svalbard, Greenland and the Canadian Arctic Archipelago poses no problem, but the continental shelf off those territories and islands has yet to be delimited between the five Arctic States: Alaska, the Soviet Union, Norway, Denmark and Canada. Beyond the continental shelf, the mineral resources of the deep sea-bed should normally form part of the common heritage of mankind, but their presence has not yet been determined. The Arctic Ocean, in spite of the permanent presence of ice, is subject to the freedoms of the seas. The straits of the Northeast Passage are internal waters of the Soviet Union, at least since the establishment of straight baselines in 1985 (presumably, under the Territorial Sea Convention to which the USSR is a Party) and, possibly before, by way of historic title. Under the Convention, a right of innocent passage would exist but not if they are historic waters. The waters of the Northwest Passage are internal waters of Canada since their enclosure by straight baselines in 1985, under customary international law, and no right of passage exists. The sovereignty of Arctic States extends to the air space above their territory, internal waters and territorial sea. There is no right of over flight above those areas, outside of the I.C.A.O. Conventions. The Arctic Ocean being a semi-enclosed sea, bordering States should cooperate under the new Law of the Sea Convention in the exploitation of the living resources, the protection of the marine environment and the conduct of scientific research. This cooperation could best be attained by the creation of an Arctic Basin Council composed of all Arctic States and, possibly, the Nordic countries.

The Dotted Line on the Chinese Map of the South China Sea: A Note

In 1947, the then-Chinese government produced The Location Map of the South China Sea Islands (Nanhai zhudao weizhi tu, in Chinese). A discontinuous dotted line was on this map. This contribution looks at both the history of the creation of the dotted line and the opinions that have been expressed concerning the juridical status of the dotted line. Special attention is given to the historic title assertion.­

THE COOPER BASIN NATIVE TITLE AGREEMENTS—AN EXPLORER’S PERSPECTIVE

On 22 October 2001 in Adelaide, the successful bidders for the 1998 First Round Cooper Basin Acreage Release, the South Australian Government, and various native title claimant groups completed the signing of historic and long awaited native title agreements. A few days later, the Petroleum Exploration Licences (PEL) were issued in respect of the blocks covered by those agreements, and so commenced a new era of oil and gas exploration in South Australia.This paper examines the process that led to the finalisation of negotiations and the signing of the agreements, from the perspective of one of the exploration companies that participated in the negotiations.

Family history in early U.S. state documents

The University of Colorado at Boulder (CU Boulder) owns a large collection of historic publications from all the states of the U.S. and territorial governments. Many of these 19th century resources, such as personnel directories or U.S. state agency reports to the legislature, contain name and address lists that provide information about early state inhabitants. Collection analysis was the basis of a Title III Library Services and Construction Act (LSCA) grant proposal to create electronic bibliographic records for these resources. The project was funded to promote materials of interest to the state's genealogical community. Three-quarters of the collection consisted of serials and a search of OCLC indicated that most of these historic titles had cataloging copy. This demonstrates the need and continued importance of funding retrospective conversion projects. The criteria for selection are reviewed and key state agencies that report details about early individuals are identified. Limitations of these publications are discussed. A focus group of genealogists evaluated the project.

Case Analysis: Eritrea – Yemen Arbitration

On 9 October 1998, an Arbitral Tribunal handed down its Award regarding the first stage of an arbitration between Eritrea and Yemen. The Award determined, firstly, the scope of the dispute between the parties and, secondly, the sovereignty of small islands, islets, rocks and low-tide elevations sprinkling in the Red Sea between the respective coast lines of the two states. Whilst closely examining concepts raised by the parties such as historic title, the Tribunal was ultimately swayed by factors of geographical appurtenance, recent demonstrations of governmental authority and functions of state, and, to a lesser extent, the area's legal history. The Award contributes to the body of law on territorial sovereignty and to an understanding of the role of arbitration in the peaceful resolution of disputes.

Self-determination and national minorities

1.: The Origins of National Consciousness. 2.: Self-Determination and the First World War. 3.: The Inter-War Years: The Minorities Treaties Regime. 4.: Self-Determination in Modern International Law: International Instruments and Judicial Decisions. 5.: Self-Determination in Modern International Law: The Practice of States. 6.: The Protection of Minorities. 7.: Definitions of the Term People. 8.: Secession. 9.: Irredentism. 10.: Historical Title. Epilogue. Bibliography. Index

Progress in International Maritime Boundary Delimitation Law

Judgments of the International Court of Justice (ICJ) and awards of ad hoc arbitration tribunals carry special weight in international maritime boundary law. On its face, the international maritime boundary law codified in the 1982 Convention on the Law of the Sea is indeterminate. For the continental shelf and the exclusive economic zone, the legal obligation of coastal states is to delimit the boundary “by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.” The article on the delimitation of maritime boundaries in the territorial sea is no more determinative despite the fact that it makes direct references to the equidistant line, special circumstances and historic title. In spite of this indeterminacy, if not because of it, coastal states have found that third-party dispute settlement procedures can effectively resolve maritime boundary delimitation disputes. As a consequence, there are more judgments and awards on maritime boundary disputes than on any other subject of international law, and this trend is continuing.

Accord de coopération dans l'Arctique entre le Canada et les États-Unis d'Amérique

SummaryThe Arctic Cooperation Agreement signed at Ottawa on January 11, 1988 deals strictly with movements of United States government-owned or government-operated icebreakers. In future, the United States will seek Canada's prior consent for each and every transit of United States icebreakers through the waters of the Canadian Arctic archipelago. The Agreement provides Canada with more effective control over the waters of the Arctic archipelago than it had at the time of the Polar Sea voyage through the Northwest Passage in 1985. The Agreement does not resolve the legal dispute between Canada and the United States over the status of the Canadian Arctic waters. It does not affect the legal position of either country. Canada takes the view that the waters of the Arctic archipelago are internal waters by virtue of historic title. The United States, on the other hand, takes the position that these Arctic waters are international straits subject to the right of innocent passage or the right of transit passage. The Agreement does not cover the movements of U.S. naval vessels, including submarines, which are in accordance with Alliance commitments and relevant bilateral arrangements. U.S. (and other foreign flag) commercial vessels operating in Canadian Arctic waters have to conform, as in the past, with the provisions of the Arctic Waters Pollution Prevention Act and other relevant laws and regulations.