United Nations Convention on the Law of the Sea

PART IX
ENCLOSED OR SEMI-ENCLOSED SEAS

Article 122
Definition

For the purposes of this Convention, “enclosed or semi-enclosed sea”means
a gulf, basin or sea surrounded by two or more States and connected to
another sea or the ocean by a narrow outlet or consisting entirely or
primarily of the territorial seas and exclusive economic zones of two or
more coastal States.

Article 123
Co-operation of States bordering enclosed
or semi-enclosed seas

States bordering an enclosed or semi-enclosed sea should co-operate with
each other in the exercise of their rights and in the performance of their
duties under this Convention. To this end they shall endeavour, directly or
through an appropriate regional organization:

(a) to co-ordinate the management, conservation, exploration and
exploitation of the living resources of the sea;
(b) to co-ordinate the implementation of their rights and duties with
respect to the protection and preservation of the marine environment;
(c) to co-ordinate their scientific research policies and undertake where
appropriate joint programmes of scientific research in the area;
(d) to invite, as appropriate, other interested States or international
organizations to co-operate with them in furtherance of the
provisions of this article.

PART X

RIGHT OF ACCESS OF LAND-LOCKED STATES TO
AND FROM THE SEA AND FREEDOM OF TRANSIT

Article 124
Use of terms

1. For the purposes of this Convention:

(a) “land-locked State”means a State which has no sea-coast;
(b) “transit State”means a State, with or without a sea-coast, situated
between a land-locked State and the sea, through whose territory
traffic in transit passes;
(c) “traffic in transit”means transit of persons, baggage, goods and
means of transport across the territory of one or more transit
States, when the passage across such territory, with or without
trans-shipment, warehousing, breaking bulk or change in the mode of
transport, is only a portion of a complete journey which begins or
terminates within the territory of the land-locked State;
(d) “means of transport”means:
(i) railway rolling stock, sea, lake and river craft and road
vehicles;
(ii) where local conditions so require, porters and pack animals.

2. Land-locked States and transit States may, by agreement between them,
include as means of transport pipelines and gas lines and means of
transport other than those included in paragraph 1.

Article 125
Right of access to and from the sea and freedom of transit

1. Land-locked States shall have the right of access to and from the sea
for the purpose of exercising the rights provided for in this Convention
including those relating to the freedom of the High Seas and the common
heritage of mankind. To this end, land-locked States shall enjoy freedom of
transit through the territory of transit States by all means of transport.

2. The terms and modalities for exercising freedom of transit shall be
agreed between the land-locked States and transit States concerned through
bilateral, subregional or regional agreements.

3. Transit States, in the exercise of their full sovereignty over their
territory, shall have the right to take all measures necessary to ensure
that the rights and facilities provided for in this Part for land-locked
States shall in no way infringe their legitimate interests.

Article 126
Exclusion of application of the most-favoured-nation clause

The provisions of this Convention, as well as special agreements relating
to the exercise of the right of access to and from the sea, establishing
rights and facilities on account of the special geographical position of
land-locked States are excluded from the application of the most-favoured-
nation clause.

Article 127
Customs duties, taxes and other charges

1. Traffic in transit shall not be subject to any customs duties, taxes or
other charges except charges levied for specific services rendered in
connection with such traffic.

2. Means of transport in transit and other facilities provided for and used
by land-locked States shall not be subject to taxes or charges higher than
those levied for the use of means of transport of the transit State.

Article 128
Free zones and other customs facilities

For the convenience of traffic in transit, free zones or other customs
facilities may be provided at the ports of entry and exit in the transit
States, by agreement between those States and the land-locked States.

Article 129
Co-operation in the construction and
improvement of means of transport

Where there are no means of transport in transit States to give effect to
the freedom of transit or where the existing means, including the port
installations and equipment, are inadequate in any respect, the transit
States and land-locked States concerned may co-operate in constructing or
improving them.

Article 130
Measures to avoid or eliminate delays or other difficulties
of a technical nature in traffic in transit

1. Transit States shall take all appropriate measures to avoid delays or
other difficulties of a technical nature in traffic in transit.

2. Should such delays or difficulties occur, the competent authorities of
the transit States and land-locked States concerned shall co-operate
towards their expeditious elimination.

Article 131
Equal treatment in maritime ports

Ships flying the flag of land-locked States shall enjoy treatment equal to
that accorded to other foreign ships in maritime ports.

Article 132
Grant of greater transit facilities

This Convention does not entail in any way the withdrawal of transit
facilities which are greater than those provided for in this Convention and
which are agreed between States Parties to this Convention or granted by a
State Party. This Convention also does not preclude such grant of greater
facilities in the future.

Author: international