ABSTRACT
This chapter explores the relevance of the concept of TFRs under the current law of the sea regime and its application for indigenous peoples by analyzing relevant provisions of the LOSC, jurisprudence of international courts and tribunals, and State practice on TFRs as reflected in bilateral agreements. It discusses the meaning and basic characteristics of TFRs. The chapter discusses the legal status of TFRs in the pre-LOSC regime. By analyzing the relevant provisions of the LOSC as well as the jurisprudence of international courts and tribunals, It explores whether and to what extent the LOSC preserves TFRs in the different maritime zones. TFRs have certain essential characteristics that differentiate them from historic title claims. The recognition of archipelagic waters in the LOSC results in the inclusion of previous high seas areas under the sovereignty of the qualifying archipelagic State, which may, in turn, affect pre-existing TFRs.
