Introduction, Characteristics, and Scope

• Pages: 3-24

Page 3

Today, due to globalization and the resulting economic integration, all countries of the world have become part of a "global village." This integration of world economies has proven to be a powerful means for countries to promote economic growth and development and to reduce poverty. The increasing importance of the World Trade Organization (WTO) and the concept of free trade it has endorsed mean that, in order to survive, all countries must be able to compete in the world market. Although not specifically stated in any instrument, from an equity standpoint this implies that if they are to become full-fledged partners in international free trade, all countries should be assured the same level of access to the international market, on the same terms. Yet not all countries have an equal level of privilege to enter the market; one reason, ironically, is geography.

Indeed, thirty-eight States are landlocked States (LLS), with no access to the sea.¹ Because they do not possess a coastline, they lack direct access to marine resources and suffer generally because their export trade cannot be competitive. For LLS, free access to the sea, the key to international trade, is linked to the question of transit: goods originating in LLS directed toward the coasts, or entering LLS from the sea, must traverse the territories of bordering countries. In other words, their geographical location means that the access of these states to the Page 4 principal maritime ways is always indirect; they are obliged to rely on transit through the territory of other states.

1. 1 The Notion of Landlocked States

To define what an LLS is, it is necessary to define the term "State" along with the phrase "without access to the sea."

A "State" is the essential and original subject of international law.² States "have juridical personality in international law; for example, they are apt to have rights and duties."³ The term "State" designates a human grouping established permanently on a territory and having its own political organization, the political existence of which depends legally upon itself and is governed directly by international law.⁴ A State is a territory or group of territories that has its own law of nationality.⁵

However broad and diverse the definitions may be, being a State is not sufficient to be assured a place in international relations. Inter-State relations require not only that the State exist but also that it be recognized by other States.⁶ Accordingly, for the purpose of this study, membership of a State in the United Nations (UN) or any of its specialized institutions, or its adherence to the International Court of Justice (ICJ) statute, signifies that it is recognized by other States of the international community. All territorial collectivities fulfilling these conditions are therefore here considered States.⁷ In this connection, it is appropriate to note that only three LLS are not members of the UN: Liechtenstein, San Marino, Page 5 and the Holy See (the Vatican).⁸ Although Switzerland was not a member of the UN until September 10, 2002, it had previously adhered to all its specialized institutions.⁹

Having no coast is the second element defining an LLS. Lack of a coast deprives a State of direct access to international maritime transport. This narrow definition of the term "without access" permits this study to exclude other geographically disadvantaged States, of which there are a large number. Among "States with limited access," for instance, are Azerbaijan, Bosnia-Herzegovina, Democratic Republic of Congo, Iraq, Jordan, Kazakhstan, Turkmenistan, and Uzbekistan, all of which have a small coast but only an extremely narrow maritime "corridor" that is not of much use for foreign trade. Indeed, these States are in many characteristics similar to those considered here, but for purposes of consistency, in this book, LLS refers only to a State that has no coast at all.¹⁰

In this context, it is important to distinguish States that are entirely surrounded by the territory of only one other State, which a scholar has defined as an "enclave."¹¹ Often there is confusion between the notions of landlocked States and enclaves. Switzerland and Austria, for instance, are LLS but are not enclaves because their boundaries touch upon several other States. On the other hand, the Vatican and San Marino, both within Italy, and the Kingdom of Lesotho, which is surrounded by South Africa, are enclaves. The problems of enclaves are even more delicate and serious than those of nonenclave LLS. Indeed, their mere economic existence, leading to political existence, may depend heavily upon the benevolence of their encircling neighbors. Although at present these two terms are often used interchangeably, this book tries to honor the distinction.¹² Page 6

1. 2 Historical Characteristics

With regard to the Western European LLS, some are ancient nations that have maintained a specific national identity throughout the centuries, like Switzerland, or have demonstrated their roots in feudal times, like Liechtenstein and Luxembourg; others were born only after the disappearance of the Austro-Hungarian Empire, like Czechoslovakia,¹³ Austria, and Hungary. Generally speaking, however, all these LLS, which share a considerable degree of historical homogeneity, are among the developed States.

In contrast, the national history of most developing LLS differs depending on the continent in which they are situated, though there is one point of commonality: Most of them have suffered from colonialism. A primary consequence of this phenomenon can be observed, especially in Africa, in the purely arbitrary nature of their boundary demarcations, which tend to be based on the ancient administrative subdivisions of the colonial powers. They became States by mere chance when the major European colonial powers carved up continents for their own benefit.¹⁴ In Latin America, for instance, Bolivia and Paraguay came into existence only after the collapse of the Spanish Empire; in Africa all LLS are former protectorates or colonies of European powers that gained independence only in the mid-twentieth century.

Each Asian LLS, however, has a distinct national history. Each has shown its ability to obtain or preserve independence, notably because of power rivalries within the region. Among the exceptions are the Central Asian landlocked republics of Tajikistan and the Kyrgyz Republic. As the disintegration of the Soviet Union unfolded, Tajikistan declared its independence on August 31, 1991, and the Kyrgyz Republic on September 9, 1991. Until then, both were integral parts of a closely knit political and economic union under a system of central planning covering the entire union economy. The breakup of the Soviet Union and the realization of independence by the constituent republics meant the end of centralized planning and the command economy. There thus emerged a need for continued cooperation among the individual republics in the areas in which their economies were heavily linked, and for a mechanism to support such cooperation and ensure their access to the sea. The new LLS had no choice but to turn toward neighbors like Turkey, Iran, and Pakistan for economic exchange.¹⁵ Page 7

1. 3 Geopolitical Features

The LLS have few characteristics in common except the lack of maritime access. None can be considered geographically large; most are indeed quite small and their physical characteristics vary considerably. Mongolia, with an area of 1,567,000 square kilometers, is the largest; the smallest is San Marino, with an area of 60 square kilometers.¹⁶

The States with the easiest access to the sea are mostly in Europe,¹⁷ where a maximum of 500 kilometers separates their capitals from the principal ports.¹⁸This relative proximity has facilitated the development of their communication networks. Also, most of the European LLS are linked to the sea by navigable rivers that have long been internationalized by bilateral or multilateral treaties.¹⁹

In Africa, only the Central African Republic benefits from relatively affordable river transportation, using the Bangui and the Congo rivers.²⁰ However, even this advantage is limited: Because the Congo is not navigable beyond Brazzaville, goods must be transported by rail from Brazzaville to Pointe- Noire on the Atlantic Ocean. In Asia, only the Lao PDR is blessed with navigable waterways that lead to the sea, and these will only be fully harnessed after the Mekong Project is completed.²¹ Otherwise, in most LLS, river transportation is either nonexistent or cannot be used for geographical, financial, or technical reasons. Such is the case of the river networks in, for instance, Paraguay, Lao PDR, and Congo²² (see table 1.1 for a list of LLS and their transshipping ports).

The consequences of geographical position are clear, although the impact varies by State, depending on whether they are more or less favorably located. In general, the developing LLS are situated far from international markets and at the extremity of transport networks. This increases the cost of all imported and exported goods; the wastage of time; the risk of loss, damage, or theft; the need for wagons, trucks, railways, or other means of transporting merchandise; and the cost of maintaining equipment and means of transportation. Page 8

TABLE 1.1

Landlocked Countries and Transshipping Points

LLS, due to their geography, are inaccessible by deep sea ocean vessels. Import and export goods must be transshipped through other countries by truck, rail, inland waterway (river, canal, or lake), or some combination of these.

Landlocked Country	Continent	Transship Seaport	Transship Country
Afghanistan	Asia	Karachi	Pakistan
Andorra

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