The Law of the Sea and Landlocked States

The document outlines the legal framework provided by UNCLOS for landlocked states to access the sea through transit states. It emphasizes that while UNCLOS grants general rights of transit and access to living resources in Exclusive Economic Zones (EEZs), the practical implementation depends on negotiated agreements. The brief provides recommendations for African policymakers to ensure these agreements are mutually beneficial, citing the Djibouti–Addis Ababa transport corridor and the Walvis Bay Corridor Group as successful examples of such cooperation.

• Landlocked states rely on 'freedom of transit through the territory of transit States by all means of transport' to exercise their rights under the 1982 UN Convention on the Law of the Sea (UNCLOS), as they otherwise cannot import/export bulk goods or navigate the ocean.
• UNCLOS requires landlocked and transit states to negotiate bilateral, sub-regional, or regional agreements to determine the specific terms and modalities of transit. These agreements may include the establishment of free zones or customs facilities and should ensure that transit traffic is not subject to customs duties or taxes, except for charges for specific services rendered.
• Landlocked states have the right to exploit an 'appropriate part' of the surplus living resources in the Exclusive Economic Zones (EEZ) of coastal states within the same region or sub-region, provided this is done on an 'equitable basis'. This right is subject to the coastal state's duties regarding conservation and the nutritional needs of the populations involved.
• 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 sea despite lacking a coastline.
• Successful transit agreements are driven by political will and mutual benefit. For example, a 2002 agreement between Ethiopia and Djibouti supports the Djibouti–Addis Ababa transport corridor, providing Ethiopia with sea access while generating 70% of Djibouti's port income from transit traffic.
• The Walvis Bay Corridor Group, established in 2000 through a memorandum of understanding between Botswana, Namibia, and South Africa, manages four transport corridors (Trans-Kalahari, Trans-Caprivi, Trans-Cunene, and Trans-Oranje). This initiative saw the use of the trans-Kalahari corridor increase from 20% to 60% between 2000 and 2004.

APA

Swanepoel, E. (2020). The Law of the Sea and Landlocked States. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2020/08/Policy-Briefing-205-swanepoel.pdf

Chicago

Swanepoel, Ernesta. The Law of the Sea and Landlocked States. South African Institute of International Affairs, 2020. https://saiia.org.za/wp-content/uploads/2020/08/Policy-Briefing-205-swanepoel.pdf.

Wikipedia

{{cite report |last1=Swanepoel |first1=Ernesta |title=The Law of the Sea and Landlocked States |publisher=South African Institute of International Affairs |date=August 2020 |url=https://saiia.org.za/wp-content/uploads/2020/08/Policy-Briefing-205-swanepoel.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{swanepoel2020law, author = {Swanepoel, Ernesta}, 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/wp-content/uploads/2020/08/Policy-Briefing-205-swanepoel.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }