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The Rights of Land-Locked States Under the International Law: The Role of Bilateral/Multilateral Agreements

Received: 3 March 2015    Accepted: 16 March 2015    Published: 19 March 2015
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Abstract

The United Nations Convention on the Law of the Sea 1982 provided rights for land-locked states on the sea. More importantly, the convention provided them with the right of access to and from the seas and freedom of transit. However, the law makes such rights subject to the agreements to be made by land-locked and transit states. This, in turn, depends on the prevailing relations between the concerned states. If they are not in a smooth relation, the transit states may not be willing to negotiate and thereby put impediments on the land-locked states’ free transit. The political will and commitment of transit states highly conditioned the rights of land-locked states. The denial of free transit, in turn, affects the rights of land-locked states on the different maritime regimes. Land-locked states have no absolute right of access to and from the seas and freedom of transit. Hence, the study concludes that to give practical effect to those rights, negotiating bilateral and multilateral agreements with the transit states has a crucial and irreplaceable role.

Published in Social Sciences (Volume 4, Issue 2)
DOI 10.11648/j.ss.20150402.12
Page(s) 27-30
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Land-Locked States, Transit States, Coastal States, Convention, Agreement, Seas

References
[1] Diba, Bahman Aghai (2014), “Iran and Landlocked States”, [Online] Available at: http://www.payvand.com/news/14/dec/1111.html
[2] Faye, Michael L., Mcarthur, John W., Sachs, Jeffrey D. and Snow, Thomas (2004) “The Challenges Facing Landlocked Developing Countries”, Journal of Human Development, Vol. 5, No. 1, pp. 31-68
[3] Gevorgyan, Anna S (2011) “The Transit Regime for Landlocked States: International Law and Development Perspectives”, A Master’s Essay, American University of Armenia, Armenia
[4] Government of Mongolia (2007) “Trade, Trade Facilitation and Transit Transport Issues for Landlocked Developing Countries Executive Summary”, Available at: http://unohrlls.org/UserFiles/File/LLDC%20Documents/MTR/Executive%20summary.pdf
[5] Malanczuk, Peter (1997) Akehurst’s Modern Introduction to International Law, Seventh edition, New York: Routledge
[6] Rana, Ramesh Kumar (2010) “Right of access of land-locked state to the sea bythe example of bilateral agreement between land-locked state- Nepal and portstate – India”, Master’s Thesis, University of Tromsø
[7] Shaw, Malcolm N. (2008) International Law, Sixth edition, New York: Cambridge University Press.
[8] Snow, Thomas, Faye, Michael, McArthur, John and Sachs, Jeffrey (2003) “Country case studies on the challenges facing landlocked developing countries”, OCCASIONAL PAPER, Background paper for HDR 2003
[9] UN (1982) “United Nations Convention on the Law of the Sea 1982”, Available at: http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
[10] (2007) “Regional cooperation in transit transport: Solutions for landlocked and transit developing countries”, Trade and Development Board Commission on Enterprise, Business Facilitation and Development Expert meeting on regional cooperation in transit transport: Solutions for landlocked and transit developing countries, Geneva, 27–28 September 2007
[11] Uprety, Kishor (2003) “From Barcelona to Montego Bay and Thereafter: A Search for Landlocked States’ Rights to Trade through Access to the Sea –A Retrospective Review” Singapore Journal of International & Comparative Law, (2003) 7. Pp. 201–235
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  • APA Style

    Endalcachew Bayeh. (2015). The Rights of Land-Locked States Under the International Law: The Role of Bilateral/Multilateral Agreements. Social Sciences, 4(2), 27-30. https://doi.org/10.11648/j.ss.20150402.12

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    ACS Style

    Endalcachew Bayeh. The Rights of Land-Locked States Under the International Law: The Role of Bilateral/Multilateral Agreements. Soc. Sci. 2015, 4(2), 27-30. doi: 10.11648/j.ss.20150402.12

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    AMA Style

    Endalcachew Bayeh. The Rights of Land-Locked States Under the International Law: The Role of Bilateral/Multilateral Agreements. Soc Sci. 2015;4(2):27-30. doi: 10.11648/j.ss.20150402.12

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  • @article{10.11648/j.ss.20150402.12,
      author = {Endalcachew Bayeh},
      title = {The Rights of Land-Locked States Under the International Law: The Role of Bilateral/Multilateral Agreements},
      journal = {Social Sciences},
      volume = {4},
      number = {2},
      pages = {27-30},
      doi = {10.11648/j.ss.20150402.12},
      url = {https://doi.org/10.11648/j.ss.20150402.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20150402.12},
      abstract = {The United Nations Convention on the Law of the Sea 1982 provided rights for land-locked states on the sea. More importantly, the convention provided them with the right of access to and from the seas and freedom of transit. However, the law makes such rights subject to the agreements to be made by land-locked and transit states. This, in turn, depends on the prevailing relations between the concerned states. If they are not in a smooth relation, the transit states may not be willing to negotiate and thereby put impediments on the land-locked states’ free transit. The political will and commitment of transit states highly conditioned the rights of land-locked states. The denial of free transit, in turn, affects the rights of land-locked states on the different maritime regimes. Land-locked states have no absolute right of access to and from the seas and freedom of transit. Hence, the study concludes that to give practical effect to those rights, negotiating bilateral and multilateral agreements with the transit states has a crucial and irreplaceable role.},
     year = {2015}
    }
    

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    AB  - The United Nations Convention on the Law of the Sea 1982 provided rights for land-locked states on the sea. More importantly, the convention provided them with the right of access to and from the seas and freedom of transit. However, the law makes such rights subject to the agreements to be made by land-locked and transit states. This, in turn, depends on the prevailing relations between the concerned states. If they are not in a smooth relation, the transit states may not be willing to negotiate and thereby put impediments on the land-locked states’ free transit. The political will and commitment of transit states highly conditioned the rights of land-locked states. The denial of free transit, in turn, affects the rights of land-locked states on the different maritime regimes. Land-locked states have no absolute right of access to and from the seas and freedom of transit. Hence, the study concludes that to give practical effect to those rights, negotiating bilateral and multilateral agreements with the transit states has a crucial and irreplaceable role.
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Author Information
  • Department of Civics and Ethical Studies, College of Social Scie

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