RIGHTS OF LANDLOCKED AND GEOGRAPHICALLY DISADVANTAGED STATES IN INTERNATIONAL LAW OF THE SEA: AN APPRAISAL OF THE EVOLUTION OF CONTESTED RIGHTS

Abstract

From a historical and legal perspective, this contribution addresses the issue of the rights of landlocked and geographically disadvantaged states in international law. In particular, it focuses on the contested effort of these states to secure the right for their vessels to navigate through the sea, to participate in the exploitation of the abundant marine resources and generally gain the right to access the sea. This paper provides an in-depth analysis of the development of these rights and concessions under treaty law particularly in line the maritime zones established in the United Nations Law of the Sea Convention (UNCLOS 3) 1982. The work exposes the fact that the rights as provided under the different multilateral treaties and customary international law are not absolute but largely depend on the existence of bilateral and regional agreements between concerned states. Some of such agreements are highlighted in this study. Yet, even with the making of the agreements, many landlocked and geographically disadvantaged states cannot shout ‘uhuru’ due to some other peculiar socio-political and economic issues. In the light of this, the paper enjoins the states involved to politic cordially and for the creation of some means to compensate transit states for losses and any inconvenience which they may experience from the implementation of the treaty provisions.