Commonwealth Land-locked States and the Law of the Sea

Summary

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Background. Measures that should be taken by land-locked states. Action by law ministers. Report. Introduction. Activity by the commonwealth secretariat. Does UNCLOS help land-locked states?. (i) Affirmation of Existing Rights. (ii) Creation of New Rights. Giving effect to the law of the sea convention. Conclusion.

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Commonwealth Land-locked States and the Law of the Sea

Executive summary

Background

1. In 2004 the Secretariat prepared a report to inform Senior Officials of the rights of Land-locked States under the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Following the October 2004 meeting of Senior Officials, the Secretariat held a seminar for the Land-locked States of Africa in June 2005 with a view to sensitising these states as to the benefits to be derived from being fully on stream with UNCLOS. From discussions at the seminar certain issues emerged which the Secretariat wishes to bring to the attention of Law Ministers. These issues, outlined in greater depth in the Report that follows, are:

* the perception that benefits from UNCLOS through ratification are a distant hope; and

* the view that ratification will give rise to costs.

Measures that should be taken by land-locked states

2. The Report outlines three distinct measures which developing Land-locked States that wish to obtain full advantage of the benefits contemplated in UNCLOS will generally need to undertake.

I. Accession to the UNCLOS pursuant to Article 307.

II. Consideration of the need for enabling legislation to bring the provisions of the Convention into force in local law.

III. Consideration of the need to enter into bilateral or regional agreements with other countries to secure access to the sea and to foreign exclusive economic zones.

Action by law ministers

3. In light of the information outlined in the Report, Law Ministers are asked to:

(a) consider the position of Land-Locked States and the possibilities granted to them under UNCLOS to achieve access to the sea and living resources so as to foster and encourage sustainability;

(b) endorse the efforts of the Commonwealth Secretariat to sensitise member states to the immediate need to accede to UNCLOS for those states which have not done so;

(c) encourage Land-locked States to enact enabling legislation to implement, the provisions of Part V of UNCLOS;

(d) encourage both Land-locked States and their coastal neighbouring states to utilise ...

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