In this Article, Professor Charney discusses the maritime boundary delimitation issues that result from the creation of a new state through secession. While the author uses Quebec's maritime boundary concerns as an exemplar, the issues discussed are not unique to Quebec. The author notes that one cannot predict the ultimate resolution of maritime boundary disputes precisely, but certain factors will often affect the outcome. These factors include the geographical configuration of the disputed area, the viability of pre-secession boundaries, historic water claims, the doctrine of uti possidetis, and basic equity. The author concludes that maritime boundaries are so vital to a nascent state that boundary disputes should be settled by negotiation prior to secession.
Jonathan L. Charney,
Maritime Jurisdiction and the Secession of States: The Case of Quebec,
25 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol25/iss3/1