The Transit Regime for Landlocked States: International Law And Development Perspectives

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ISBN: 9780821362990 | 0821362992
Cover: Paperback
Copyright: 10/30/2005

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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.

List of Tables

vii

Cases Cited

Foreword

Abstract

xiii

Acknowledgments

Acronyms and Abbreviations

xvii

Part One General Overview

Introduction, Characteristics, and Scope

(24)

The Notion of Landlocked States

(2)

Historical Characteristics

(1)

Geopolitical Features

(6)

Economic and Developmental Challenges

(9)

Thematic Concerns and Scope

(5)

Part Two Theoretical Bases

Principles, Doctrines, and Theories Influencing the Right of Access to the Sea

(20)

Theory Based on the Freedom of Transit

(2)

Free Access and the Principle of Freedom of the Seas

(1)

Right of Access as an International Servitude

(4)

Right Compensating for Geographical Inequalities

(2)

Freedom of River Navigation

(10)

Part Three Evolution of the Regime

Evolution of International Law

(71)

Freedom of Transit for Trade: The Barcelona Statute

(2)

The Railway Case (Traffic between Lithuania and Poland)

(6)

Freedom of Transit Strengthened: The Havana Charter and the GATT

(3)

Reciprocity to Right of Access: The Convention on the High Seas

(7)

Free Access Versus Territorial Sovereignty and the New York Convention

(9)

Right to Secure Access Under UNCLOS III

(21)

Enforcement of the Right of Access Under International Instruments

(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

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The Transit Regime for Landlocked States: International Law And Development Perspectives

Summary

Table of Contents

Supplemental Materials