Land-locked states in the international law of the sea

Abstract

The aim of this thesis is to evaluate the place in and the role played by land-locked states in the international law of the sea. To that end, it is necessary to examine public international law in general, and the law of the sea in particular. Treaties and customary international law are both instrumental in shaping the law of the sea, with the result that the 1982 Law of the Sea Convention - which is both codificatory and innovative in character - is of particular importance in giving new directions to the traditional law of the sea whilst retaining that which is accepted as customary international law. In addition, the emerging newly independent states for the first time played an important role in international treaty law, and their influence is assessed as to the impact they had on the negotiations towards the emerging law of the sea. In evaluating land-locked states in the international law of the sea, two basic concepts are dealt with. In the first place, the law of the sea as part of public international law is examined as it evolved over many centuries to where it is today. Secondly, landlocked states are dealt with in terms of their particular problems (access to the sea, transit over the territory of neighbouring states, and sharing in the resources of the sea), but also in terms of the 'new' international law that makes allowances for disadvantaged states. The three post-World War Two conferences on the law of the sea are discussed, with particular emphasis on the third which (with its protracted negotiations) after nine years led to a convention that is, after another nine years, not yet in force. This creates its own set of problems, and these are discussed in terms of the status of the law of the sea today. The role of the developing states at the negotiations on the law of the sea, as well as their influence on the final treaty, are discussed with particular reference to land-locked

states in the first place, and secondly the emergence of the concept of the 'common heritage of mankind' as a general principle of international law. The problems facing land-locked states and the provisions pertaining to land-locked states are examined on two levels: firstly, on the level of geographical, economic and psychological disadvantages for these states, and secondly in terms of the provisions of the convention itself. The Southern African land-locked states are then discussed in order not only to find some common ground as far as they are concerned, but also in terms of possible solutions to their problems. Any present-day evaluation of land-locked states in the international law of the sea will inevitably have to consider the viability of the 1982 convention. This is done with reference to the present status of the convention, as well as the impact of the convention on future international treaty-making. The evaluation attempts to emphasise the non-static nature of the law of the sea in particular, and international law in general. In addition, the importance of regional cooperation in the future is stressed as one of the major factors that may alleviate some of the problems facing land-locked states, even in the absence of a ratified treaty.