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Landlocked states
282
Article 3 of the Geneva Convention on the High Seas, 1958 provided that
‘in order to enjoy freedom of the seas on equal terms with coastal states,
states having no sea coast should have free access to the sea’.
283
Article 125
of the 1982 Convention on the Law of the Sea is formulated as follows:
1. Land-locked states shall have the right of access to and from the sea for the
purpose of exercising the rights provided for in this Convention including
those relating to the freedom of the high seas and the common heritage
of mankind. To this end, land-locked states shall enjoy freedom of transit
through the territory of transit states by all means of transport.
2. The terms and modalities for exercising freedom of transit shall
be agreed between the land-locked states and the transit state concerned
through bilateral, subregional or regional agreements.
3. Transit states, in the exercise of their full sovereignty over their terri-
tory, shall have the right to take all measures necessary to ensure that the
rights and facilities provided for in this Part for land-locked states shall in
no way infringe their legitimate interests.
It will thus be seen that there is no absolute right of transit, but rather
that transit depends upon arrangements to be made between the land-
locked and transit states. Nevertheless, the affirmation of a right of access
to the sea coast is an important step in assisting landlocked states. Arti-
cles 127 to 130 of the 1982 Convention set out a variety of terms for the
280
ICJ Reports, 1982, pp. 18, 71, 84 and 80–6.
281
ICJ Reports, 2002, pp. 303, 447–8. See also
Guyana
v.
Suriname
, Award of 17 September
2007, paras. 378 ff.
282
See e.g. S. C. Vasciannie,
Land-Locked and Geographically Disadvantaged States in the In-
ternational Law of the Sea
, Oxford, 1990; J. Symonides, ‘Geographically Disadvantaged
States in the 1982 Convention on the Law of the Sea’, 208 HR, 1988, p. 283; M. I. Glassner,
Bibliography on Land-Locked States
, 4th edn, The Hague, 1995; L. Caflisch, ‘Land-locked
States and their Access to and from the Sea’, 49 BYIL, 1978, p. 71, and I. Delupis, ‘Land-
locked States and the Law of the Sea’, 19
Scandinavian Studies in Law
, 1975, p. 101. See
also Churchill and Lowe,
Law of the Sea
, chapter 18.
283
See also the Convention on Transit Trade of Land-Locked States, 1965.
608
i n t e r nat i o na l l aw
operation of transit arrangements, while article 131 provides that ships
flying the flag of landlocked states shall enjoy treatment equal to that ac-
corded to other foreign ships in maritime ports. Ships of all states, whether
coastal states or landlocked states, have the right of innocent passage in
the territorial sea and freedom of navigation in the waters beyond the
territorial sea.
284
It is also to be noted that landlocked states have the right to partici-
pate upon an equitable basis in the exploitation of an appropriate part
of the surplus of the living resources of the economic zones of coastal
states of the same subregion or region, taking into account relevant eco-
nomic and geographical factors.
285
Geographically disadvantaged states
have the same right.
286
The terms and modalities of such participation are
to be established by the states concerned through bilateral, subregional
or regional agreements, taking into account a range of factors, including
the need to avoid effects detrimental to fishing communities or fishing
industries of the coastal state and the nutritional needs of the respective
states.
287
With regard to provisions concerning the international seabed regime,
article 148 of the 1982 Convention provides that the effective participation
of developing states in the International Seabed Area shall be promoted,
having due regard to their special interests and needs, and in particular
to the special need of the landlocked and geographically disadvantaged
among them to overcome obstacles arising from their disadvantaged lo-
cation, including remoteness from the Area and difficulty of access to and
from it.
288
284
See e.g. article 14(1) of the Geneva Convention on the Territorial Sea, 1958; articles 2(1)
and 4 of the Geneva Convention on the High Seas, 1958 and articles 17, 38(1), 52(1),
53(2), 58(1), 87 and 90 of the 1982 Convention.
285
Article 69(1) of the 1982 Convention.
286
Article 70(1). Geographically disadvantaged states are defined in article 70(2) as ‘coastal
states, including states bordering enclosed or semi-enclosed seas, whose geographical
situation makes them dependent upon the exploitation of the living resources of the
exclusive economic zones of other states in the subregion or region for adequate supplies
of fish for the nutritional purposes of their populations or parts thereof, and coastal states
which can claim no exclusive economic zone of their own’.
287
See articles 69(2) and 70(2). Note also articles 69(4) and 70(5) restricting such rights
of participation of developed landlocked states to developed coastal states of the same
subregion or region. By article 71, the provisions of articles 69 and 70 do not apply in the
case of a coastal state whose economy is overwhelmingly dependent on the exploitation
of the living resources of its exclusive economic zone.
288
See also articles 152, 160 and 161.
t h e l aw o f t h e s e a
609
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