LANDLOCKED STATES, TRADE CONSTRAINTS AND DEVELOPMENT: TOWARDS A REAL RIGHT OF ACCESS TO THE SEA

Abstract

Landlocked states are confronted with various obstacles to international trade on account of lack of their geographical location. To trade, they must depend on access to the sea through one or more transit states since they have no sea coast of their own. Usually, long distances between them and the ports, and sometimes poor transport infrastructure in the transit states make cost of trade much higher for them than for littoral states. This state of affairs is worsened by the fact that a transit state could, under extant rules of international law, deny access. Starting from 1921, efforts were made by the comity of states to enhance access for landlocked states. The United Nations Convention on the Laws of the Sea, 1982 (UNCLOS) eventually elevated access to a ‘right’. This paper examines the constraints ranged against landlocked states in international trade due to their lack of a sea-coast and how those constraints impact on development. It argues that though UNCLOS elevated access to a right, what landlocked states actually have is an imperfect right of access. This is due to provisions in the Convention on access to the sea which empty the right of access of all the substance of a real right. The paper suggests that, on grounds of common humanity, access to sea for landlocked states should be recognised as a real right of landlocked states. It suggests that such right shall not be capable of being denied or curtailed except it poses an actual, verifiable security risk to a transit state.