United States v. State of Maine and Others

In: International law reports, Band 91, S. 427-438

Abstract

427Sea — Historic bays — Status as internal waters — Doctrine of ancient title — Distinguished from doctrine of historic waters — Ancient title requiring clear original title through effective occupation, occurring before principle of freedom of high seas enshrined in international law, fortified by long usage — Whether Commonwealth of Massachusetts entitled to claim Nantucket Sound as inland waters by virtue of doctrine of ancient title — Extent of acts of sovereign and colonists necessary to demonstrate occupation — Effect of inconsistent prior acts by sovereignTreaties — Interpretation — Convention on the Territorial Sea and Contiguous Zone, 1958, Article 7(6) — Doctrine of ancient title — Whether exception in Convention for historic bays embraces claim of ancient title — Whether Nantucket Sound constitutes historic bay by virtue of ancient title and therefore inland waters of Commonwealth of Massachusetts — The law of the United States