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Land and Sea: Two Sovereignty Regimes In Search of a Common Denominator (with Natalie Klein), 33 New York University Journal of International Law and Politics (2001)


The coastal State has inherent and primordial rights
over the continental shelf, which, unlike other rights
of a territorial nature, are not susceptible of being
subverted by any of the recognized legal means, such
as prescription .... No adverse interest is capable of
derogating in any way from these rights.
The international legal regimes for allocation of sovereign
rights to land and water areas are fundamentally different,
both substantively and procedurally. As a substantive
matter, rights to land territory are acquired by the fact of physical possession while rights to maritime areas are acquired by
operation of law in accordance with "equitable" rules. Procedurally,
jurisdiction over disputes to land territory is available
only with the consent of the disputing states, while jurisdiction
over disputes to maritime areas is essentially mandatory.

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