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Preface and Acknowledgements | |
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List of Abbreviations | |
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List of Figures | |
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Introduction | |
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Archipelagos, the Archipelagic Concept and the Law of the Sea Convention | |
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Dependent Coastal and Outlying Archipelagos: Definitional Aspects | |
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The Scope and Structure of the Book | |
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The Development of the Archipelagic Concept in International Law of the Sea: From Straight Baselines to the Archipelagic Regime of the Law of the Sea Convention | |
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Proposals and Evolution of the Archipelagic Concept Prior to the Third UN Conference on the Law of the Sea | |
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Early Proposals Regarding the Treatment of Archipelagos in International Law | |
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The Impact of the Fisheries Case upon the Evolution of the Archipelagic Concept | |
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Proposals and Discussions on Archipelagos in the Aftermath of the Fisheries Case | |
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Straight Baselines and Outlying and Coastal Archipelagos in the Discussions of the ILC | |
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Straight Baselines and Archipelagos during UNCLOS I | |
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The Regime of Enclosed Waters in the Discussions of the ILC ad UNCLOS I | |
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Special Treatment of Archipelagos on the Basis of Historic Reasons in UNCLOS II | |
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Factors impeding the Acceptance of a Special Regime for Outlying Archipelagos: An Interplay of Geographic and Political Considerations | |
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Archipelagos and the Third UN Conference on the Law of the Sea | |
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Political Developments Influencing UNCLOS III | |
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Outlying Archipelagos and the Archipelagic Regime Adopted in UNCLOS III | |
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Distinction on the Basis of the Political Status of Archipelagos | |
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Conditions for the Application of the Archipelagic Regime: Archipelagic Definition vs. Quantitative Requirements | |
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The Archipelagic Regime: A Regime to Satisfy Conflicting Interests | |
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Concluding Remarks: The Application of the Archipelagic Concept in the LOSC: Gains and Losses | |
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The Application of Straight Baselines on the Basis of Article <sub>7</sub> LOSC and State Practice: Implications for Coastal Archipelagos | |
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Introduction | |
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Article <sub>7</sub> LOSC and Application of Straight Baselines in Localities where there is a 'Fringe of Islands along the Coast in Its Immediate Vicinity | |
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Rationale and Objectives for the Application of Straight Baselines to 'Fringes of Islands' | |
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Conditions for the Application of Article <sub>7</sub> to 'Fringes of Islands along the Coast in Its Immediate Vicinity' | |
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'Fringe of Islands' | |
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Background | |
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Islands vs Article <sub>121 (3)</sub> LOSC Rocks | |
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Number of Islands | |
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Compactness of the Group: Distances between the Islands | |
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The Relationship between the Coast and the Fringe of Islands: 'Along the Coast in Its Immediate Vicinity' | |
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Conditions Regarding the Application of the Straight Baselines System per se | |
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Article <sub>7 (2-5)</sub> LOSC | |
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Maximum Length of Straight Baselines | |
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Some Guidance from International Courts and Tribunals | |
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Coastal Archipelagos and Article <sub>7</sub> LOSC | |
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'Fringe of Islands' vs Coastal Archipelagos | |
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Coast and Coastal Archipelagos | |
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The Provision, the Most (mis)used? Reflections on State Practice with an Emphasis on Coastal Archipelagos | |
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Using Straight Baselines in the Case of a Few Off-Lying Islands: From Rationalisation Technique to Expansion of Coastal Jurisdiction | |
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Using Straight Baselines in the Case of Coastal Archipelagos: Protection of Vulnerable Maritime Areas | |
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Chile - Chilean Archipelago | |
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Finland - Aaland Archipelago | |
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United Kingdom - Outer Hebrides | |
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Guinea-Bissau - Bijagos (Bissagos) Archipelago | |
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Canada - Canadian Arctic Archipelago | |
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Myanmar - Mergui Archipelago | |
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Thailand - Ko Samui Archipelago | |
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Italy - Tuscany Archipelago | |
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Honduras - Islas de La Bahia (Bay Islands) | |
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Russian Federation | |
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The Contemporary Relevance of Straight Baselines in Coasts Fringed with Islands | |
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Application of Straight Baselines and Impact on Maritime Space | |
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(External) Extension of Coastal State Jurisdiction | |
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(Internal) Extension of Coastal State Jurisdiction: The Status of Enclosed Waters | |
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Interpretation of Article <sub>7</sub> LOSC on the Basis of Subsequent State Practice and the Significance of Precedents | |
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Concluding Remarks: Reconsideration of the Rationale of Article <sub>7</sub> and Coastal Archipelagos | |
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Dependent Outlying Archipelagos: Straight Baselines, the LOSC and State Practice | |
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Introduction | |
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Potential Application of Straight Baselines on the Basis of the law of the Sea Convention to Dependent Outlying Archipelagos | |
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Article <sub>7</sub> of the LOSC: 'Fringes of Islands' and Outlying Archipelagos | |
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Conditions for the Identification of Groups of Islands Qualifying for the Application of Straight Baselines (Article <sub>7</sub> Paragraph <sub>1</sub> of the LOSC) | |
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The Relevance of the Size of the Islands of the Group | |
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The Relationship between the Coast of the Main Island and the Rest of the Islands of the Group: Fringe and Masking Criterion | |
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Conditions Regarding the Application of the Straight Baselines Systems per se | |
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Article <sub>10</sub> of the LOSC: Islands Forming Juridical Bays | |
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Practice of States in Outlying Archipelagos | |
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The Practice of Continental States Applying a Special System for the Measurement of the Maritime Zones of Their Outlying Archipelagos | |
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Archipelagos Dominated by One or Two Large Islands | |
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Kerguelen Islands - France | |
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Svalbard Archipelago - Norway | |
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Sjaelland and -Laes� Islands - Denmark | |
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Furneaux Group - Australia | |
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Falkland Islands - United Kingdom | |
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Guadeloupe - France | |
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Archipelagos with Similarly Sized Islands or Islands Located in a Random Way | |
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Galapagos Islands - Ecuador | |
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Faroe Islands - Denmark | |
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Houtman Abrolhos Islands - Australia | |
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Canary Islands - Spain | |
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Balearic Islands - Spain | |
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Azores and Madeira Islands - Portugal | |
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Turks and Caicos Islands - United Kingdom | |
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Loyalty Islands (New Caledonia) - France | |
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Kong Karls Land (Svalbard) - Norway | |
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Dahlak Archipelago - Eritrea | |
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Sudan | |
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Co Co Islands and Preparis Islands - Myanmar | |
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Andaman and Nicobar Islands - Lakshadweep Islands - India | |
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Paracel Islands - China | |
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Iran, Syria and United Arab Emirates | |
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Practice of Continental States Applying the Low-Water Rule in Their Outlying Archipelagos | |
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Hawaii - USA | |
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Aegean Archipelago - Greece | |
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Concluding Remarks | |
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Law-Creating Value of the Practice of States in Outlying Archipelagos with an Emphasis on Customary International Law | |
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Introduction | |
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The Development of Customary International Law Related to Outlying Archipelagos and the LOSC | |
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The LOSC and Customary International Law: Interrelations and Interactions | |
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The LOSC and Outlying Archipelagos | |
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The Status of Dependent Outlying Archipelagos in General Customary International Law | |
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State Practice - The Material Element | |
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Assessment of State Practice | |
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Elements of State Practice Essential for the Formation of Customary Law | |
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Duration | |
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Consistency, Uniformity and Generality | |
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The Subjective Element | |
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Opinio juris sive necessitatis | |
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Opinio juris and the LOSC | |
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The Reaction of the International Community | |
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Opposition and Protests | |
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Acceptance Inferred from Active Conduct | |
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Significance of Divergent Practice: Does Divergent Practice Manifest Opposition? | |
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Significance of Silence: Does Lack of Protest Manifest Acquiescence? | |
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Concluding Remarks | |
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Dependent Outlying Archipelagos and Customary International Law | |
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The Content of the Emerging Customary Rule of International Law | |
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Conclusion | |
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The Archipelagic Concept and Special Customary and Historic Rights: Three Case Studies | |
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Introduction | |
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Some Introductory Remarks on Special Customary/Historic Rights | |
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The Faroe Islands | |
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The Galapagos Islands | |
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The Canadian Arctic Archipelago | |
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Historic Waters Based on Title Acquired and Transferred to Canada by the Inuit | |
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Historic Waters and the Exercise of Sovereign Authority | |
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Activities Manifesting Sovereign Intention | |
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Canadian Legislation Related to the Arctic Archipelago | |
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Assertion of the Claim via Statements of Canadian Governmental Officials | |
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The Reaction of Other States: Critical Time for the Establishment of the Historic Title and Acquiescence | |
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Weighing Strengths and Weaknesses in an Historical Context | |
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Conclusion | |
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Legitimacy of the Archipelagic Regime and Future Developments | |
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Introduction | |
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Contemporary Relevance of the Archipelagic Regime: Part IV of the LOSC and Dependent Outlying Archipelagos | |
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The Archipelagic Concept and the Element of Statehood | |
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Legal Definition of Archipelagos according to the LOSC | |
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Statehood as a Means of Distinguishing Archipelagos | |
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Self-Governing and Non-Self-Governing Archipelagic Territories as 'Quasi' Archipelagic States | |
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Reasons for the Application of the Archipelagic Regime in Terms of Needs and Interests and the Exclusive Economic Zone | |
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Economic Considerations | |
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Protection of the Marine Environment | |
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Issues Related to Internal and External Security | |
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Psychological and Symbolic Reasons | |
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An Answer to the 'Proliferation of Claims' Argument: Is the Archipelagic Regime a Threat to Other States? | |
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Freedom of Navigation and Overflight and Other Uses of Sea Exercised in the High Seas | |
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Rights of Slates Neighbouring an Archipelago | |
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Application of the Archipelagic Regime to Archipelagic Dependencies: Potential and Implications - | |
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Canary Islands | |
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French Polynesia | |
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Conclusion | |
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Conclusion | |
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The Manifestation of the Archipelagic Concept in International Law of the Sea | |
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Straight and Archipelagic Baselines, Accommodation of Conflicting Interests and the Legitimacy of the Archipelagic Concept | |
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Appendix | |
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Bibliography | |
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Index | |