Access to the Sea for Developing Land-Locked States by Martin Glassner

By Martin Glassner

This learn is an outgrowth of an curiosity within the query of entry to the ocean constructed by way of the writer in the course of a ten-month sojourn in the course of 1962 and 1963 as American Vice Consul in Antofagasta, Chile. in this interval he had the chance to go to Peru thrice and Bolivia two times. This event, supplemented by means of study in lots of libraries in big apple, Washington and California and via interviews, records and different reference fabrics, led to a close examine of Bolivia's crusade for an outlet to the ocean. 1 the current learn has drawn a few fabric from the sooner one, yet is such an intricate growth of it that it may possibly good be thought of a totally new attempt. the hassle used to be made as the challenge of entry to the ocean has turn into extra severe because the moment international struggle because the emphasis on alternate and financial improvement has grown whereas whilst many new land-locked states have been being born. There have, furthermore, been extra threatened and real interferences with unfastened transit in this interval than through the previous part century and extra. a radical exam of the topic appeared so as, then, as an relief to an figuring out of the issues concerned and as a advisor to destiny makes an attempt to solve them. as well as a basic survey of the query, 3 case experiences were incorporated either as illustrations of a lot of those difficulties and as particular occasions wherein to check proposed solutions.

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Extra resources for Access to the Sea for Developing Land-Locked States

Sample text

This was helpful, emphasizing as it did the economic necessity of free access to the sea and stressing that access to the sea is a corollary of freedom of the seas, but it still did not really break new ground. In Article 3 of the Convention on the High Seas, for example, [t]he phrase 'in conformity with existing international conventions' was intended to refer to all agreements dealing with the matter, bilateral as well as multilateral, but especially to the Barcelona Convention of 1921, ... and to the Geneva Convention of 1923 on Maritime Ports.

P. 332. 28 DEVELOPMENT OF INTERNATIONAL LAW establishment of rules of law does not by itself prove the existence of a right to transit in the terms canvassed above. It must, indeed, be conceded that the submission that there is a right to transit in the circumstances and under the conditions set out above is a hesitating one. It depends to some extent upon selective evidence and it involves reliance upon reasoning which is not free of controversial elements. Nevertheless, the fact is that freedom of transit is one of the most fundamental needs of the community .

In Article 3 of the Convention on the High Seas, for example, [t]he phrase 'in conformity with existing international conventions' was intended to refer to all agreements dealing with the matter, bilateral as well as multilateral, but especially to the Barcelona Convention of 1921, ... and to the Geneva Convention of 1923 on Maritime Ports. It was apparently hoped in this way to give broader effects to the substance of these agreements, permitting free access to most types of vessels, and at the same time preserve the autonomy of the coastal state by requiring the landlocked state to negotiate an agreement to secure the open access.

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