The Transit Regime for Landlocked States International Law and Development Perspectives

by Uprety, Kishor

• ISBN13: 9780821362990
• ISBN10: 0821362992
• Format: Paperback
• Copyright: 2005-11-18
• Publisher: World Bank Publications

Summary

This publication examines the strengths and limits of existing international legislation relating to the free access of landlocked states to and from the sea, including general and specific conventions, as well as treaty regimes emanating from them. It considers the economic issues involved, given that many landlocked states are among the world's poorest nations, as well as ongoing international initiatives and developments.

Table of Contents

List of Tables	vii
Cases Cited	ix
Foreword	xi
Abstract	xiii
Acknowledgments	xv
Acronyms and Abbreviations	xvii
Part One General Overview
Introduction, Characteristics, and Scope	3	(24)
The Notion of Landlocked States	4	(2)
Historical Characteristics	6	(1)
Geopolitical Features	7	(6)
Economic and Developmental Challenges	13	(9)
Thematic Concerns and Scope	22	(5)
Part Two Theoretical Bases
Principles, Doctrines, and Theories Influencing the Right of Access to the Sea	27	(20)
Theory Based on the Freedom of Transit	28	(2)
Free Access and the Principle of Freedom of the Seas	30	(1)
Right of Access as an International Servitude	31	(4)
Right Compensating for Geographical Inequalities	35	(2)
Freedom of River Navigation	37	(10)
Part Three Evolution of the Regime
Evolution of International Law	47	(71)
Freedom of Transit for Trade: The Barcelona Statute	48	(2)
The Railway Case (Traffic between Lithuania and Poland)	50	(6)
Freedom of Transit Strengthened: The Havana Charter and the GATT	56	(3)
Reciprocity to Right of Access: The Convention on the High Seas	59	(7)
Free Access Versus Territorial Sovereignty and the New York Convention	66	(9)
Right to Secure Access Under UNCLOS III	75	(21)
Enforcement of the Right of Access Under International Instruments	96	(22)
Influence of International Law on State Practice	118	(12)
Treaties Concluded in Europe	118	(2)
Treaties Concluded in Africa	120	(3)
Treaties Concluded in Latin America	123	(3)
Treaties Concluded in Asia	126	(4)
``Soft'' Instruments and Specific Initiatives: Variation in Themes	130	(19)
International ``Soft Law'' Mechanisms	130	(4)
Specific Initiatives for Resource Allocation	134	(6)
Pluridimensionality in Facilitating Access	140	(9)
Part Four Conclusion
A Better Future for All	149	(4)
Customary Law in Existence	149	(1)
Relativism in Progress	150	(1)
Pragmatism in Decision-Making	151	(2)
Select Bibliography	153	(10)
Appendix One: Convention and Statute on the Regime of Navigable Waterways of International Concern	163	(16)
Appendix Two: United Nations Conference on Transit Trade of Land-Locked Countries	179	(11)
Appendix Three: United Nations Convention on the Law of the Sea (UNCLOS III): Part X---Right of Access of Land-Locked States to and from the Sea and Freedom of Transit	190	(3)
Index	193