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Downloaded from Brill.Com09/29/2021 03:55:34PM Via Free Access 438 Appendix Appendix Lists of Alleged Historic Bays1 It will be noted that such ‘listings’ by post-war commentators vary quite considerably, several including bays which others omit. This in itself points up the selectivity of such supposed ‘historic’ examples of maritime claims. Scovazzi et al., for example, point out in their Foreword2 that decisions of the US Supreme Court were omitted in that work “since these decisions are probably not relevant for the external relations of the [US]”. Also the UN Juridical Regime omits giving a list,3 stating that even a centralised international registration system of historic claims (as has been mooted in the past) might prove to be impracticable. It may be noted again that the Alexander Archipelago off SE Alaska does not feature as an example of historic waters in any of these listings. A sample of post-war listings of historic maritime claims include: Argentina River Plate Estuary (UN Memorandum);4 Australia (see generally Strohl)5 Anxious, Encounter, Lacepede and Riovoli (Scovazzi,6 Nixon);7 Van Dieman Gulf (also Nixon), Buckingham Bay, Blue Mud Bay, Coffin Bay, Streaky Bay, Spencer Gulf, Investigator Strait/St Vincent’s Gulf, Exmouth Gulf (also Nixon), Roebuck Bay, Shark Bay (also Nixon); Broad Sound, Upstart Bay, Moreton Bay, Hervey Bay, Oyster Bay, Storm Bay (UN Memorandum). 1 See, e.g., A.M. Lewis in J.A. Roach, Navigational Restrictions Within the New Law of the Sea Context: Geographical Implications for the US, Nijhoff (2016) at p. 39, where historic claims are placed into three categories: namely, lists of bays “for which historic claims have been clearly made”, of bays “for which claims seem somewhat uncertain”; and of bays “for which claims might be made”. 2 Atlas of Straight Baselines, Guiffrè Editore, 2nd ed., 1989, at p. vi. Scovazzi repeats this view (id. at p. 62), saying that the Atlas does not include bodies of waters “whose historic or inter- nal character has been declared by decisions of the Supreme Court [of the US] … since the international relevance of these decisions is open to discussion” (emphasis added). 3 See Chap. 1 of the first edition of this book, at pp. 23/4. 4 UN Memorandum on Historic Bays, UN Doc. A/CONF. 13/1. 5 Op. cit., at pp. 253–268. For the most recent re-iteration of Australia’s claim to historic bays, see the proclamation of 2016, above chap.+. 6 T. Scovazzi, in D. Pharand, and U. Leanza, The Continental Shelf and Economic Zone: Delimitation and Legal Regime, Kluwer (1993), 321, at pp. 326–328. 7 D.W. Nixon, ‘A Comparative Analysis of Historic Bay Claims’: Technical Annexe to the Libyan Reply, in Pleadings (Tunisia/Libya), vol. IV at p. 321. © koninklijke brill nv, leiden, 2019 | doi:10.1163/9789004377028_026 Clive R. Symmons - 9789004377028 Downloaded from Brill.com09/29/2021 03:55:34PM via free access 438 Appendix Bulgaria Stalin Bay and Burgas Bay (Nixon); Cambodia Certain Cambodian waters (Scovazzi); Cambodia and Vietnam made a claim to his- toric waters in the Gulf of Thailand in 1982; Canada Chaleur (UN Memorandum), Miramichi (Bouchez,8 Nixon, UN Memorandum), Egmont, St Ann’s, Fortune, Barrington, Chedabucto, St Peter’s, Mira, Placentia, St Mary’s (Nixon), Hudson Bay (Nixon, UN Memorandum); Conception Bay (Scovazzi, Nixon, UN Memorandum); the archipelagic Canadian waters (Scovazzi); Bay of Fundy (T. McDorman); China Bohai Bay (Zou), Strait of Haikow (Qiongzhou) Strait; South China Sea (within nine- dash line) (map of 1947/8); Dominican Republic Santo Domingo and Escocesa (Scovazzi); (Bouchez and UN Memorandum add bays of Samana, Ocoa and Neiba); Egypt El Arab (Scovazzi, Nixon, UN Memorandum); Solum Bay, Abu Hashaifa Bay, Pelusium Bay, El Arish Bay (Nixon); France Granville Bay (or Cancale Bay) (Nixon, UN Memorandum); Netherlands Zuyder Zee (UN Memorandum); Norway Varangerfjord (Bouchez, Nixon, UN Memorandum); Vestfjord, Lopphavet (Nixon, Scovazzi, UN Memorandum). Portugal Sado Estuary, Tagus Estuary (Nixon, UN Memorandum); 8 Op. cit., at pp. 216–237. Clive R. Symmons - 9789004377028 Downloaded from Brill.com09/29/2021 03:55:34PM via free access Appendix 439 Guatemala/Central America Gulf of Fonseca (Scovazzi, Bouchez, UN Memorandum); Gulf of Amatique (Bouchez, Scovazzi); (Former) French Equatorial Africa Bays on Mondah, Cape Lopez, Loango, Pointe Noire and Corisco (Rio Muni), Estuary of River Gabon (UN Memorandum); India (see Sri Lanka); Italy Gulf of Taranto (Scovazzi); Kenya and East Africa Ungwana (Scovazzi); Tadjura Gulf (UN Memorandum); Libya Gulf of Sirte (Scovazzi); Panama Gulf of Panama (Scovazzi) (see Panamanian declaration on its ratification of the LOSC9); Philippines The ‘treaty limits’ of Philippines (Scovazzi); Slovenia Bay of Piran (1993 Memorandum10); Sri Lanka (and India)11 Palk Bay/Straits (Nixon); Sweden Skelderviken and Laholm Bays (Nixon, UN Memorandum); Thailand Gulf of Thailand (Scovazzi); Bight of Bangkok (Nixon); 9 Noted above in Chap. 14, section 1.3.1.1. 10 Noted id. 11 Noted id. Clive R. Symmons - 9789004377028 Downloaded from Brill.com09/29/2021 03:55:34PM via free access 440 Appendix Tunisia Gulf of Gabes (Nixon, Scovazzi, UN Memorandum); Gulf of Tunis (Nixon, UN Memorandum); UK Bristol Channel (Nixon, UN Memorandum); Firth of Clyde, Moray Firth (Nixon); (see also Strohl for further possibilities); Ukraine Strait of Kerch USA Delaware and Chesapeake (Bouchez, Scovazzi, UN Memorandum); Penobscot (Bouchez, Nixon); Buzzards Bay (Nixon); Long Island Sound (Nixon, UN Memorandum); Monterey Bay, Santa Monica Bay (Bouchez); USSR/Russia White Sea (Strohl, Nixon), Cheshsk, Bajdaratsk, Penzhinsk, Vladivostok, Peter the Great Bay (Scovazzi, Strohl, Nixon), Sea of Azov (and Strait of Kerch), Kara Sea (also Nixon); Laptev Sea, East Siberian Sea, Chukchi Sea (UN Memorandum); Okhotsk (Strohl); (for- merly) Gulf of Riga; Vietnam Gulf of Tonkin (Scovazzi) (now seemingly disclaimed);12 Vietnam (with Cambodia) Historic waters in the Gulf of Thailand (Joint Declaration of 1982). 12 See above Chap. 24, section 4.1. Clive R. Symmons - 9789004377028 Downloaded from Brill.com09/29/2021 03:55:34PM via free access.
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