The Rights Accorded the Landlocked Countries in the Law of Sea Convention 1982

Topics: Exclusive Economic Zone, Kazakhstan, Landlocked country Pages: 11 (4234 words) Published: May 18, 2012
Name: Keisha Williams
Ques: Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62-Discuss. GT62C:The Law and Politics of the Sea

Lecturer:Hazel Jones

The term landlocked as oppose to geographically disadvantage state gives rise to no particular problem of definition, says Vasciannie. This is because, in both law and geography, it connotes a state which has no sea coast and which must therefore rely on one or more neighbouring countries for access to the sea. It can also be defined as a country entirely enclosed by land or whose only coastlines lie on a closed sea, eg The Caspian Sea. By this criterion, according to United Nations report on landlocked States, there are 48 landlocked countries in existence and of the major landmasses; only North America, Australia and Antarctica do not have a landlocked country inside their respective continents. Historically, being landlocked has always been regard as a disadvantaged position. The country is cut off from access to seaborne trade which even today, makes up a large percentage of international trade and as also cuts off the country from important sea resources such as fishing. The lack of territorial access to the sea, remoteness and isolation from world market, high transit costs and the inability to exploit the resources of the seas, imposes serious constraint on the overall socio-economic development of landlocked countries. For this reason, the status of being landlocked does not appear just a superficial aspect of a country’s geography. The economic performance of landlocked countries reflects the direct and indirect impact of geographic situation on key economic variables. For example, the average GDP per capita for the world is approximately $15 US dollars but of the world’s landlocked countries, only a few, such as Switzerland and Austria, have a higher GDP per capita than this average. This is brought into sharper focus by the fact that of the 48 landlocked countries, 31 are developing countries, with 16 of these being in the continent of Africa. Landlocked countries have diverse historical experiences and this together with their differences relating to factors such as size, population and topography indicates that their political unity in international relations is not to be presumed. Nonetheless, they still manage to acknowledge their main point of unity which is their remoteness from the sea. However, according to Vascianie, even in this respect, it should not be assumed that there are no substantial differences among landlocked countries. For starters, the degree from the sea may vary and as such some states may be more or less geographically handicapped than others. According to Vasciannie, differences of this magnitude might prompt the view that there should be a hierarchy of disadvantage base on distance from sea and that States located most deeply inland should receive special attention from the international community. However, focusing on the distance alone would ignore the full complex realities facing the landlocked states as a group. Another consideration of importance is the availability of adequate transport facilities, technology and the actual number of outlets the state may utilize to reach the sea. For example, landlocked States in the continent of Europe are not as isolated because they utilize technologically advanced means of transportation and in general they have access to the sea via several outlets; while countries on the continent of Africa such as Lesotho suffer a different fate. Therefore it must be treated with caution when invoking the relative different...
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