We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 20 January 2010
In spite of the conclusion that the sector theory cannot find a valid legal basis in the concept of contiguity, the practice of States might be such that the theory has resulted in a principle of customary law. This would appear to be the view held by a small number of authoritative commentators. For instance, Professor J. S. Reeves wrote, in a brief comment on Antarctic sectors in 1939, that ‘[o]ne may assert that the sector principle as applied at least to Antarctica is now part of the accepted international legal order’. Numerous references to State practice are also found in the writings of proponents of the sector theory, such as David Hunter Miller and W. L. Lakhtine.
The above statement by Professor Reeves did not go unchallenged and, in 1948, Professor Waldock expressed his disagreement with the notion that State practice had resulted in a new rule of international law. Having referred to Professor Reeves' statement, he wrote:
It is, however, scarcely possible to regard state practice as sufficiently certain and general to establish a new rule of international law. The United States, a potential claimant in both the Arctic and Antarctic, has consistently denied that sector claims have any legal force. Neither Norway nor Denmark has claimed Arctic sectors. Nor have non-sector states given any recognition to the legality of sectors. On the contrary, Nazi Germany was showing signs of claiming part of Norway's sector and Japan entered a reservation on hearing of Chile's declaration. Moreover, Chile and Argentina are contesting the United Kingdom's sector.
Some 35 years having passed since Professor Waldock's examination of State practice, it is now advisable to re-examine the question.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
