The Law of the Sea and Landlocked States
Summary
The document outlines the legal framework provided by UNCLOS for landlocked states to secure access to the sea and exploit living resources in the exclusive economic zones (EEZ) of coastal states. It emphasizes that while UNCLOS establishes general rights, the practical implementation depends on negotiated agreements between landlocked and transit states. The brief highlights the importance of mutual benefit, citing the Ethiopia-Djibouti agreement and the Walvis Bay Corridor Group as successful models of cooperation in Africa.
Key insights
- Landlocked states possess a general right of access to the sea, but the specific terms and modalities must be established through bilateral, sub-regional, or regional agreements between the involved states.
- UNCLOS provides specific prescriptive elements that landlocked states should include in transit agreements, such as the establishment of free zones or customs facilities and the prohibition of customs duties or taxes on transit traffic, except for charges for specific services rendered.
- Landlocked states have the right to participate in the exploitation of surplus living resources in the EEZs of coastal states within the same sub-region or region, provided this is done on an equitable basis and considers the conservation duties of the coastal state.
- The 2050 Africa’s Integrated Maritime Strategy (AIMS) adopts the term 'landly-connected' states instead of 'landlocked' to emphasize that these states remain connected to the maritime domain despite lacking coastlines.
- Successful transit agreements are driven by political will and mutual benefit; for example, the 2002 agreement between Ethiopia and Djibouti supports the Djibouti–Addis Ababa transport corridor, with transit traffic contributing 70% of the port's income for Djibouti.
- The Walvis Bay Corridor Group, established in 2000 by Botswana, Namibia, and South Africa, demonstrates the impact of corridor agreements; the use of the trans-Kalahari corridor increased from 20% to 60% between 2000 and 2004.
Cite the original document
- APA
- South African Institute of International Affairs (2020). The Law of the Sea and Landlocked States. https://saiia.org.za/research/the-law-of-the-sea-and-landlocked-states/
- Chicago
- South African Institute of International Affairs. The Law of the Sea and Landlocked States. 2020. https://saiia.org.za/research/the-law-of-the-sea-and-landlocked-states/.
- Wikipedia
- {{cite report |author=South African Institute of International Affairs |title=The Law of the Sea and Landlocked States |date=20 August 2020 |url=https://saiia.org.za/research/the-law-of-the-sea-and-landlocked-states/ |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{southafricaninstituteofinternationalaffairs2020law, author = {{South African Institute of International Affairs}}, title = {{The Law of the Sea and Landlocked States}}, institution = {South African Institute of International Affairs}, year = {2020}, month = aug, url = {https://saiia.org.za/research/the-law-of-the-sea-and-landlocked-states/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
Full text
Collected · Record updated