Land-locked states, which lack direct access to the sea, face inherent challenges in participating equally in international trade and maritime resource use. To address this, international law has recognized and codified a series of rights ensuring that land-locked states are not unduly disadvantaged. The primary legal instrument in this regard is the United Nations Convention on the Law of the Sea (UNCLOS), 1982, which guarantees these states the right of access to and from the sea, as well as freedom of transit across transit states.

Definitions and Key Terms:

• Land-locked State: A state without a sea-coast.
• Transit State: A state located between a land-locked state and the sea, through whose territory goods or persons in transit must pass.
• Traffic in Transit: Movement across one or more transit states that is part of a journey beginning or ending in the land-locked state.
• Means of Transport: Includes railway, river and road vehicles, and where needed, pipelines and gas lines.
   

Right of Access and Freedom of Transit:

• Article 125 of UNCLOS explicitly affirms:
  • Land-locked states have the right of access to and from the sea for exercising rights such as navigation, fishing, and participation in marine resource development.
  • These states shall enjoy freedom of transit through transit states using all modes of transport.
  • Terms of transit must be agreed bilaterally or regionally, considering sovereignty and interests of transit states.
• This legal right has been reaffirmed in UN General Assembly Resolution 46/212 (1991), which emphasized the need for equitable treatment and cooperation between land-locked and transit states.
   

Relevant Provisions under UNCLOS:

• Article 126: Excludes the rights of land-locked states from the Most-Favoured-Nation clause.
• Article 127: Prohibits customs duties on goods in transit, except for specific services rendered; also bars discrimination in transit charges.
• Article 128: Permits the establishment of free zones and customs facilities at ports of entry and exit through mutual agreement.
• Articles 129 and 130: Call for cooperation in constructing/improving transport means and the removal of transit delays or technical barriers.
• Article 131: Ships flying the flag of land-locked states must be treated equally in maritime ports.
• Article 132: Encourages granting of greater facilities than those provided in UNCLOS, where mutually agreed.
   

Rights in Maritime Zones:

1. Territorial Sea:
   • According to Article 17, ships of land-locked states have the right of innocent passage through the territorial sea of coastal states.
   • Article 19(1) clarifies that this passage must not be prejudicial to the peace or security of the coastal state.
      
2. Exclusive Economic Zone (EEZ):
   • Under Article 58(1), land-locked states enjoy:
     • Freedom of navigation and overflight.
     • Laying of submarine cables and pipelines.
     • Other internationally lawful uses of the sea.
   • Article 69 gives them the right to participate equitably in the surplus of living resources in EEZs of coastal states.
      
3. High Seas:
   • Defined under Article 86, high seas lie beyond national jurisdiction.
   • Land-locked states have equal rights under Article 87, including:
     • Navigation, overflight.
     • Fishing and laying submarine cables.
     • Constructing installations and conducting scientific research.
   • They are also entitled under Article 90 to sail ships under their own national flag on the high seas.
      
4. The Area / Seabed Regime:
   • According to Article 136, the Area and its resources are the common heritage of mankind.
   • No state, including coastal ones, may claim sovereignty over it (Article 137(1)).
   • Article 148 emphasizes effective participation of land-locked states in seabed exploration and benefit-sharing, considering their special developmental needs.
      

Challenges Faced by Land-Locked States:

• Geopolitical dependencies on transit states.
• High transport costs and inadequate infrastructure.
• Bureaucratic and political barriers in accessing ports.
• Limited maritime fleet ownership and flag registration.

Conclusion:
International law has made significant efforts to ensure equitable treatment of land-locked states by guaranteeing their right to access the sea and freedom of transit. UNCLOS stands as a comprehensive legal framework that not only outlines these rights but also balances them with the sovereignty of transit states. However, effective implementation and regional cooperation are vital to ensure that these rights are not merely theoretical, but practical tools for development.

Reference:

1. United Nations Convention on the Law of the Sea (UNCLOS), 1982, Preamble.
2. UNCLOS, Art. 124.
3. UNCLOS, Art. 125.
4. United Nations General Assembly Resolution 46/212, Specific actions related to the particular needs and problems of landlocked developing countries, 1991.
5. UNCLOS, Art. 126.
6. UNCLOS, Art. 127.
7. UNCLOS, Art. 128.
8. UNCLOS, Arts. 129 & 130.
9. UNCLOS, Art. 131.
10. UNCLOS, Art. 132.
11. UNCLOS, Art. 17.
12. UNCLOS, Art. 19(1).
13. UNCLOS, Art. 58(1).
14. UNCLOS, Art. 69.
15. UNCLOS, Art. 86.
16. UNCLOS, Art. 87.
17. UNCLOS, Art. 90.
18. UNCLOS, Art. 136.
19. UNCLOS, Art. 137(1).
20. UNCLOS, Art. 148.
21. United Nations Conference on Trade and Development (UNCTAD), Improving Transit Transport Systems for Landlocked Developing Countries, 2017.
22. P. Sands, Principles of International Environmental Law, Cambridge University Press, 2018, pp. 520–522.