Rights of Landlocked States

Introduction

A landlocked State is a State that has no direct coastline or access to the sea.

The absence of a coastline creates serious economic and geographical difficulties, particularly in relation to:

• access to the sea;
• international trade;
• maritime transport;
• transit through neighbouring States;
• access to ports;
• participation in the resources and freedoms of the sea.

International law therefore recognises certain rights of landlocked States, particularly under Part X of UNCLOS, Articles 124–132.

The central principle is:

No Coastline ≠ No Maritime Rights

A landlocked State does not have its own territorial sea or EEZ, but international law gives it important rights of access and transit.

Meaning of a Landlocked State

Article 124(1)(a) UNCLOS

A landlocked State means a State which has no sea-coast.

Examples include:

• Nepal;
• Bhutan;
• Afghanistan;
• Mongolia;
• Switzerland;
• Bolivia;
• Paraguay;
• Austria.

These States depend on neighbouring transit States to reach the sea.

Transit State

Article 124(1)(b)

A transit State is a State with or without a sea-coast, situated between a landlocked State and the sea, through whose territory traffic passes.

Therefore:

Landlocked State

↓

Transit State

↓

Sea / Port

This geographical relationship forms the basis of the UNCLOS transit regime.

Legal Basis

The principal provisions are contained in:

Part X of UNCLOS – Right of Access of Land-locked States to and from the Sea and Freedom of Transit

Important provisions include:

• Article 124 → Definitions
• Article 125 → Right of access to and from the sea and freedom of transit
• Article 126 → Exclusion of application of most-favoured-nation treatment
• Article 127 → Customs duties, taxes and other charges
• Article 128 → Free zones and other customs facilities
• Article 129 → Cooperation in construction and improvement of means of transport
• Article 130 → Measures to avoid or eliminate delays or other difficulties
• Article 131 → Equal treatment in maritime ports
• Article 132 → Granting of greater facilities

Article 125 – Core Provision

Article 125 is the most important provision.

It recognises the right of landlocked States to have:

Access to and from the sea

and:

Freedom of Transit

through the territory of transit States.

The purpose is to enable landlocked States to participate effectively in international trade and maritime commerce.

Right of Access to the Sea

A landlocked State has a legal right of access to and from the sea.

This means that the absence of a coastline should not completely isolate it from:

• maritime trade;
• international shipping;
• ocean-related commerce.

However, this right is exercised through transit States, not by creating a territorial sea of its own.

Freedom of Transit

Landlocked States may use:

• roads;
• railways;
• navigable waterways;
• pipelines and other means of transport,

subject to applicable agreements and international law.

The precise modalities of transit are generally worked out through bilateral or regional agreements between the landlocked State and transit State.

Transit Does Not Mean Sovereignty

The landlocked State does not acquire sovereignty over the territory through which its goods or persons transit.

The transit State retains its sovereignty and jurisdiction over its territory.

Therefore:

Transit Right ≠ Territorial Sovereignty

Article 125(2)

The terms and modalities for exercising the freedom of transit are to be agreed between:

• landlocked States;
• transit States;

through bilateral, subregional or regional agreements.

This is important because UNCLOS establishes the basic right while allowing States to determine practical arrangements.

Transit State Sovereignty

Article 125 does not eliminate the legitimate interests of transit States.

Transit States have the right to take measures necessary to ensure that:

• their sovereignty;
• security;
• legitimate interests

are protected.

However, such measures should not undermine the basic right of access and transit recognised by UNCLOS.

No General Automatic Transit Route

UNCLOS does not simply create one universal road or railway route through every neighbouring State.

The practical arrangements must take account of:

• geography;
• existing infrastructure;
• security;
• customs;
• transport systems;
• agreements between the States.

Article 127 – Customs Duties

Goods in transit generally should not be subjected to:

Customs duties

merely because they are passing through the territory of a transit State.

However, reasonable charges may be imposed for:

• specific services rendered;
• administrative or transport services where permitted.

Transit Goods

Goods moving between a landlocked State and the sea should be facilitated rather than treated as ordinary domestic imports merely because they cross transit territory.

This helps prevent transit costs from becoming an artificial barrier to international trade.

Article 128 – Free Zones

Transit States and landlocked States may establish:

Free zones

or other customs facilities at:

• ports;
• entry points;
• other appropriate locations.

The purpose is to facilitate:

• transit;
• storage;
• handling;
• international trade.

Article 129 – Transport Infrastructure

States should cooperate in developing and improving:

• roads;
• railways;
• waterways;
• pipelines;
• other means of transport.

This is particularly important where inadequate infrastructure makes access to the sea difficult.

Cooperation

The landlocked State and transit State are expected to cooperate in improving:

Means of transport

and:

Transit facilities

The regime therefore involves not merely a right but also an element of international cooperation.

Article 130 – Avoiding Delays

States should take appropriate measures to avoid or eliminate:

• unnecessary delays;
• technical difficulties;
• other obstacles

in the movement of goods and traffic.

This is important because a formal right of transit would have little practical value if goods were routinely blocked or subjected to unreasonable delays.

Article 131 – Equal Treatment in Maritime Ports

Ships flying the flag of landlocked States are entitled to:

Equal treatment in maritime ports

with ships of other foreign States.

This prevents maritime ports from discriminating against ships of landlocked States merely because the State has no coastline.

Article 132 – Greater Facilities

UNCLOS does not prevent transit States from granting:

Greater facilities

to landlocked States than those required by Part X.

Therefore, States may conclude arrangements that provide more favourable transit conditions.

Maritime Ports

A landlocked State does not possess its own territorial sea.

However, its ships may access maritime ports of other States subject to:

• international law;
• port regulations;
• applicable treaties;
• agreements concerning transit.

The purpose of Part X is to ensure that the landlocked State can reach those ports.

Does a Landlocked State Have a Territorial Sea?

No.

A territorial sea is generated from a State’s coast and baselines.

A genuinely landlocked State has:

• no coastline;
• no territorial sea;
• no contiguous zone;
• no EEZ generated from its own coast.

But this does not mean it has no rights under the law of the sea.

Does a Landlocked State Have an EEZ?

No own EEZ.

An EEZ is a maritime zone generated by a coastal State.

A landlocked State therefore does not possess an EEZ of its own.

However, UNCLOS recognises other rights for landlocked States, including rights concerning:

• access to the sea;
• transit;
• participation in certain marine resources;
• freedoms of the high seas.

High Seas Rights

Article 125 and Part X

Landlocked States are not excluded from the international maritime system simply because they lack a coastline.

A landlocked State may operate ships under its flag and enjoy the applicable freedoms of the high seas.

Article 90

Every State has the right to sail ships flying its flag on the high seas.

Therefore:

Landlocked State → Can Have Ships → Can Use High Seas

Right to Fly Its Flag

A landlocked State may establish a shipping registry and have ships flying its flag, subject to the requirements of international law.

The absence of a coastline does not prevent a State from participating in international shipping.

Article 69 – Participation in Living Resources

Part V UNCLOS gives landlocked States a specific right concerning the living resources of the EEZs of coastal States in the same region or subregion.

This is subject to:

• Article 69;
• relevant agreements;
• conservation requirements;
• the coastal State’s legal rights.

Article 69 – Important Qualification

The right is not an unrestricted right to fish in every foreign EEZ.

It operates within the framework established by UNCLOS and is subject to:

• regional arrangements;
• subregional arrangements;
• bilateral agreements;
• conservation rules;
• the special circumstances of the region.

Article 70 – Geographically Disadvantaged States

UNCLOS also recognises geographically disadvantaged States.

These may include:

• coastal States whose geographical position makes them dependent on resources of nearby regions;
• States with no coastline.

Article 70 provides certain participation rights regarding living resources of EEZs.

Landlocked States and Fisheries

The relevant provisions are therefore:

Article 69 → Landlocked States

Article 70 → Geographically Disadvantaged States

These provisions seek to provide equitable participation in certain living resources, particularly where regional circumstances justify it.

Conditions on Resource Rights

The rights under Articles 69 and 70 are not absolute.

They depend upon factors including:

• availability of resources;
• regional circumstances;
• agreements;
• conservation;
• participation of other developing States;
• the interests of the coastal State.

Landlocked Developing Countries

The position of developing landlocked States has received additional attention in international policy.

Their problems may include:

• high transport costs;
• dependence on neighbouring States;
• inadequate infrastructure;
• customs delays;
• long distances from maritime ports;
• vulnerability to political instability in transit States.

International cooperation therefore plays an important role.

UNCLOS and International Trade

The rights of landlocked States are closely connected with:

• international trade;
• transport;
• customs;
• infrastructure;
• maritime commerce.

A State’s geographical lack of coastline should not unnecessarily prevent participation in international economic relations.

Relationship with Transit States

The relationship is based on a balance.

Landlocked State

Needs:

Access + Transit

Transit State

Needs:

Sovereignty + Security + Regulation

↓

UNCLOS

Attempts to reconcile both interests.

Transit Agreements

Article 125 allows States to establish practical arrangements through:

• bilateral agreements;
• subregional agreements;
• regional agreements.

Such agreements may regulate:

• routes;
• customs;
• transport;
• port facilities;
• fees;
• security;
• documentation;
• infrastructure.

Reasonable Charges

The transit regime does not necessarily mean that every service must be free.

Reasonable charges may be permitted for:

• specific services;
• transport;
• administrative facilities;
• infrastructure-related services,

depending on applicable law and agreements.

The key distinction is:

Service Charge ≠ Customs Barrier

Landlocked States and Ports

Port access is essential because the landlocked State needs to connect:

Domestic Territory → Transit State → Maritime Port → International Shipping

This creates an integrated transport chain.

Freedom of Transit and Security

Transit States may adopt measures necessary to protect:

• national security;
• public order;
• legitimate interests.

But security cannot automatically be used as a justification for arbitrary or discriminatory obstruction of transit.

Equal Treatment

Article 131 requires equal treatment in maritime ports for ships flying the flags of landlocked States.

This reflects the principle that:

Landlocked Status Should Not Become a Basis for Port Discrimination

Landlocked State vs Transit State

Landlocked State	Transit State
Has no sea-coast	Provides territorial route to sea
Needs access to sea	Controls transit territory
Receives transit rights	Must facilitate transit
No own territorial sea	May have territorial sea if coastal
Can operate ships	Can operate ships
May participate in certain EEZ resources	Exercises coastal-State rights

Landlocked State vs Coastal State

Landlocked State	Coastal State
No sea-coast	Has sea-coast
No own territorial sea	Territorial sea up to 12 nm
No own EEZ	May have EEZ up to 200 nm
Relies on transit	Can provide maritime access
Part X rights	Full coastal-State maritime entitlements

Landlocked States and High Seas

Landlocked State	High Seas
State has no coastline	Area beyond national maritime zones
Can operate ships	Freedom of navigation
Access generally through transit	Direct maritime access
Article 125 and Article 90 relevant	Article 87 central

Landlocked States and EEZ

Landlocked State	Coastal State EEZ
No own EEZ	EEZ up to 200 nm
Can have certain participation rights under Article 69	Sovereign rights over resources
Access through agreements	Coastal State controls resource exploitation
Rights subject to UNCLOS	Rights subject to due regard

Landlocked States and Maritime Ports

The legal system therefore creates a chain:

Landlocked Territory

↓

Transit State

↓

Maritime Port

↓

Sea

↓

International Shipping

This is the practical importance of Part X.

Important Principle: Access Is Not Sovereignty

A landlocked State’s right of access does not give it:

• territorial sovereignty over transit routes;
• ownership of another State’s ports;
• unlimited rights to use transit territory.

It gives it a legally protected right of access and transit, subject to the applicable conditions.

Important Principle: Transit Is Not Automatic Unlimited Freedom

The transit regime is subject to:

• agreements;
• customs procedures;
• security;
• reasonable regulation;
• legitimate interests of transit States.

Therefore:

Freedom of Transit ≠ Absence of Regulation

Historical Development

The idea that landlocked States should have access to the sea predates UNCLOS.

It developed through:

• customary international law;
• bilateral treaties;
• regional agreements;
• League of Nations-era practice;
• later UN codification.

UNCLOS provides the most comprehensive treaty framework.

1958 Geneva Convention

The 1958 Convention on the High Seas recognised the right of landlocked States to sail ships under their flag on the high seas.

UNCLOS subsequently developed the regime further through:

• Part X;
• Article 69;
• Article 70;
• high-seas provisions.

Convention on Transit Trade of Land-locked Countries, 1965

The Convention on Transit Trade of Land-locked States is another important international instrument concerning transit.

It seeks to facilitate:

• transit trade;
• transport;
• customs arrangements;
• access to maritime commerce.

UN Convention and Broader Development Framework

The interests of landlocked developing countries have also been addressed through broader UN initiatives concerning:

• infrastructure;
• transport;
• trade facilitation;
• sustainable development.

These initiatives complement, but do not replace, the legal rights established under UNCLOS.

International Trade and WTO

The rights of landlocked States also intersect with international trade law.

Transit arrangements may involve principles of:

• freedom of transit;
• non-discrimination;
• customs facilitation.

The WTO Agreement on Trade Facilitation contains important rules concerning freedom of transit.

UNCLOS and WTO law therefore address related but distinct aspects of the problem.

Importance for Developing States

For developing landlocked States, transit costs can substantially affect:

• export competitiveness;
• import prices;
• economic development;
• food security;
• industrialisation.

Effective implementation of transit rights is therefore economically significant.

Landlocked State and International Organisations

International organisations may assist landlocked States through:

• infrastructure development;
• trade facilitation;
• technical assistance;
• transport projects;
• customs modernisation.

The World Bank, WTO, UN and regional organisations can play supporting roles.

Important Legal Principles

Principle of Access

Landlocked States have a right of access to and from the sea.

Principle of Transit

Transit States should facilitate transit through their territory.

Principle of Sovereignty

Transit States retain sovereignty over their territory.

Principle of Cooperation

Both States should cooperate through appropriate agreements.

Principle of Non-Discrimination

Landlocked States should not be unfairly discriminated against in maritime ports.

Principle of Resource Participation

Landlocked States have certain participation rights in living resources under Article 69, subject to UNCLOS conditions.

Common Examination Mistakes

Mistake 1: Landlocked States Have No Rights Under the Law of the Sea

Incorrect.

UNCLOS specifically recognises several rights.

Mistake 2: Landlocked States Have a Territorial Sea

Incorrect.

They have no coastline and therefore no own territorial sea.

Mistake 3: Landlocked States Have Their Own EEZ

Incorrect.

An EEZ is generated by a coastal State.

Mistake 4: Transit State Must Give Up Sovereignty

Incorrect.

Transit rights do not transfer territorial sovereignty.

Mistake 5: Freedom of Transit Means Completely Free Transit

Incorrect.

Transit is subject to agreements, regulation and legitimate security interests.

Mistake 6: Transit State Can Impose Any Restrictions It Wants

Incorrect.

The transit regime exists to facilitate access and should not be rendered meaningless by arbitrary obstruction.

Mistake 7: Landlocked States Can Fish Freely in Any EEZ

Incorrect.

Article 69 creates a qualified participation regime subject to UNCLOS and relevant agreements.

Mistake 8: Landlocked States Cannot Own Ships

Incorrect.

They may operate ships and have ships flying their flag.

Mistake 9: Port Access Means Ownership of a Port

Incorrect.

The right concerns access and equal treatment, not sovereignty or ownership.

Mistake 10: Article 125 Automatically Creates One Fixed Transit Route

Incorrect.

The practical terms and modalities are generally established through agreements.

Quick Revision

• Landlocked State → no sea-coast.
• Main UNCLOS framework → Part X, Articles 124–132.
• Article 124 → definitions.
• Article 125 → access to and from sea + freedom of transit.
• Transit State → State through whose territory traffic passes to reach the sea.
• Landlocked State depends on transit arrangements.
• Transit does not transfer territorial sovereignty.
• Terms and modalities generally determined through:
  • bilateral;
  • subregional;
  • regional agreements.
• Article 126 → MFN treatment excluded from Part X.
• Article 127 → customs duties and charges.
• Goods in transit should not generally be subjected to customs duties merely because of transit.
• Reasonable charges may be imposed for specific services where permitted.
• Article 128 → free zones and customs facilities.
• Article 129 → transport infrastructure and cooperation.
• Article 130 → avoid delays and difficulties.
• Article 131 → equal treatment in maritime ports.
• Article 132 → greater facilities may be granted.
• Landlocked State has no:
  • territorial sea;
  • contiguous zone;
  • EEZ.
• Landlocked States can operate ships.
• Article 90 → right to sail ships on high seas.
• Article 69 → participation in living resources of EEZs.
• Article 70 → geographically disadvantaged States.
• Resource rights are qualified and subject to UNCLOS and agreements.
• Transit State retains sovereignty and security interests.
• Freedom of transit ≠ unlimited freedom.
• Access to sea ≠ territorial sovereignty.
• Important related instrument → 1965 Convention on Transit Trade of Land-locked States.
• WTO law also addresses freedom of transit in international trade.
• Core formula:

Landlocked State → Transit State → Port → Sea

One-Line Memory Trick

“125 – 127 – 128 – 129 – 130 – 131”

125 → Access + Transit

127 → Customs

128 → Free Zones

129 → Infrastructure

130 → Delays

131 → Equal Port Treatment

And:

“No Coast, But Access.”

A landlocked State has:

No Coastline

↓

No Territorial Sea

↓

No Own EEZ

But:

Access to Sea + Freedom of Transit + High-Seas Rights + Qualified Resource Participation

Final Rights Formula

Landlocked State

↓

Article 125

→ Access to and from Sea

→ Freedom of Transit

↓

Transit State

→ Sovereignty Retained

→ Transit Facilitated

↓

Article 127

→ Customs Facilitation

↓

Article 128

→ Free Zones

↓

Article 129

→ Transport Cooperation

↓

Article 130

→ Avoid Delays

↓

Article 131

→ Equal Port Treatment

↓

Access to International Maritime Trade

Conclusion

The rights of landlocked States demonstrate that the law of the sea is not exclusively a law for coastal States.

A landlocked State has no sea-coast, and therefore does not possess its own territorial sea or EEZ. Nevertheless, international law recognises that geographical landlessness should not completely prevent a State from participating in maritime commerce.

The central provision is Article 125 UNCLOS, which recognises the right of landlocked States to access to and from the sea and freedom of transit through the territory of transit States. The practical terms of this transit are generally established through bilateral, regional or subregional agreements.

At the same time, UNCLOS protects the legitimate interests and sovereignty of transit States. Therefore, the right of transit does not amount to a transfer of sovereignty and does not mean completely unrestricted movement.

Part X also addresses:

• customs duties and charges;
• free zones;
• transport infrastructure;
• delays;
• equal treatment in maritime ports;
• additional facilities.

Beyond Part X, Article 69 gives landlocked States certain qualified rights to participate in the living resources of EEZs, while Article 90 confirms that every State, including a landlocked State, has the right to sail ships flying its flag on the high seas.

The central principle is therefore:

“No Coast, But Access.”

For examination purposes, remember:

125 – 127 – 128 – 129 – 130 – 131

125 → Access and Transit

127 → Customs

128 → Free Zones

129 → Infrastructure

130 → Delays

131 → Equal Port Treatment

And the basic structure:

Landlocked State → Transit State → Port → Sea

Ultimately, the international legal regime seeks to balance two interests:

Landlocked State → Access to the Sea

with

Transit State → Sovereignty and Legitimate Interests

That balance lies at the heart of Part X of UNCLOS.