& Quot;The Transit Regime for Landlocked States" assesses the strengths and limits of existing international law related to the free access of landlocked states to and from the sea. The book analyzes whether the provisions of international law satisfy the economic demands of landlocked states, the majority of which are among the world's poorest nations. The book reviews the several principles of international law that dominated the evolution of the rights of access. It discusses both general and specific conventions, as well as treaty regimes emanating therefrom, and examines some restrict.
The Belt and Road Initiative (BRI) put forward by China in 2013 includes the land-based ‘Silk Road Economic Belt’ and the ocean-based ‘21st-Century Maritime Silk Road’ (MSR) which focuses on the promotion of cooperation between States along the Belt and the Road. As the UN Convention on the Law of the Sea (LOSC) has established the global maritime order, all ocean-related activities generating from the BRI projects along the MSR are in principle subject to the LOSC governance. The Belt and Road Initiative and the Law of the Sea discusses the use of oceans in the context of BRI covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea. It also examines the BRI challenges and difficulties in the maritime domain.
This study is an outgrowth of an interest in the question of access to the sea developed by the author during a ten-month sojourn during 1962 and 1963 as American Vice Consul in Antofagasta, Chile. During this period he had the opportunity to visit Peru three times and Bolivia twice. This experience, supplemented by research in many libraries in New York, Washington and California and by interviews, documents and other reference materials, resulted in a detailed study of Bolivia's campaign for an outlet to the sea. 1 The present study has drawn some material from the earlier one, but is such an elaborate expansion of it that it might well be considered a wholly new effort. The effort was made because the problem of access to the sea has become more critical since the Second World War as the emphasis on trade and economic development has grown while at the same time many new land-locked states were being born. There have, moreover, been more threatened and actual interferences with free transit during this period than during the preceding half century and more. A thorough examination of the subject seemed in order, then, as an aid to an understanding of the problems involved and as a guide to future attempts to resolve them. In addition to a general survey of the question, three case studies have been included both as illustrations of many of these problems and as specific situations by which to test proposed solutions.
'The Cost of Being Landlocked' proposes a new analytical framework to interpret and model the constraints faced by logistics chains on international trade corridors. The plight of landlocked developing countries (LLDCs) has naturally received special attention for decades, leading to a specific set of development priorities based upon the concept of dependence on the transit state. Therefore, the standard approach used to tackle the cost of being landlocked has been predominantly aimed at developing regional transport infrastructure and ensuring freedom of transit through regional conventions. But without sufficient attention given to the performance of logistics service delivery to traders, the standard approach is unable to address key bottleneck concerns and the factors that contribute to the cost of being landlocked. Consequently, the impact of massive investment on trade corridors could not materialize to its full extent. Based on extensive data collection in several regions of the world, this book argues that although landlocked developing countries do face high logistics costs, these costs are not a result of poor road infrastructure, since transport prices largely depend on trucking market structure and implementation of transit processes. This book suggests that high logistics costs in LLDCs are a result of low logistics reliability and predictability, which stem from rent-seeking and governance issues. 'The Cost of Being Landlocked' will serve as a useful guide for policy makers, supervisory authorities, and development agencies.
The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.
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.
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
This report analyses the current state of the landlocked developing countries (LLDCs) Bolivia and Paraguay. It analyses the traditional topics: infrastructure at national level and connectivity towards adjacent countries; the recent development in international laws and treaties; and cross-border operation. The report also evaluates the level of international transport costs and the potential impact on trade. It further presents the currently induced over costs in logistic chains, which pose an additional burden to the competitiveness of the countries.
This book assesses Afghanistan’s transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members’ regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from WTO transit rules in demanding freedom of transit through the territory of Pakistan, how these rules influence the transit agreement concluded between Afghanistan and Pakistan, and finally how useful it would be to challenge Pakistan under the WTO dispute settlement system for its failure to provide Afghanistan freedom of transit and free access to and from the sea.
The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.
