Fixing the High Water Mark Part 1 of 4:The fatal flaw in the South African legal definition

摘要

Both Justinian and Hale, when translated into plain modern language, amount to straightforward common sense. Both exclude the extremes of events with a low frequency of occurrence. In tide-dominated macro-tidal estuaries or other protected waters, use a deterministically predetermined sub-extreme tide level to delineate the HWM. On open oceanic, micro-tidal shores where there is an insignificant difference between HAT and Mean High Water Springs, ignore the tides.