United Nations Convention on the Law of the Sea (UNCLOS III)

• Pages: 190-192

Page 190

Part X

Right of Access of Land-Locked States to and from the Sea and Freedom of Transit

Article 124

USE OF TERMS

1. For the purposes of this Convention: (a) "land-locked State" means a State which has no sea-coast; (b) "transit State" means a State, with or without a sea-coast, situated between a land-locked State and the sea, through whose territory traffic in transit passes;

   (c) "traffic in transit" means transit of persons, baggage, goods and means of transport across the territory of one or more transit States, when the passage across such territory, with or without trans-shipment, warehousing, breaking bulk or change in the mode of transport, is only a portion of a complete journey which begins or terminates within the territory of the land-locked State;

   (d) "means of transport" means:

   i) railway rolling stock, sea, lake and river craft and road vehicles;

   ii) where local conditions so require, porters and pack animals.

2. Land-locked States and transit States may, by agreement between them, include as means of transport pipelines and gas lines and means of transport other than those included in paragraph 1.

   Article 125

   RIGHT OF ACCESS TO AND FROM THE SEA AND FREEDOM OF TRANSIT

1. Land-locked States shall have the right of access to and from the sea for the purpose of exercising the rights provided for in this Convention including those relating to the freedom of the high seas and the common heritage Page 191 of mankind. To this end, land-locked States shall enjoy freedom of transit through the territory of transit States by all means of transport.

2. The terms and modalities for exercising freedom of transit shall be agreed between the land-locked States and transit States concerned through bilateral, subregional or regional agreements.

3. Transit States, in the exercise of their full sovereignty over their territory, shall have the right to take all measures necessary to ensure that the rights and facilities provided for in this Part for land-locked States shall in no way infringe their legitimate interests.

   Article 126

   EXCLUSION OF APPLICATION OF THE MOST-FAVOURED-NATION CLAUSE

   The provisions of this Convention, as well as special agreements relating to the exercise of the right of access to and from the sea, establishing rights and facilities on account of the special geographical position of land-locked States, are excluded from the application of the most-favoured-nation clause.

   Article 127

   CUSTOMS DUTIES, TAXES...