Valstybių, neturinčių priėjimo prie jūros, teisės pagal 1982 m. Jungtinių Tautų Jūrų teisės konvenciją

Abstract

There are 42 land locked states forming almost 1/5 of world’s countries. In view of specific geographical location of these states it is highly important to ensure their right to use international waters paying attention to their specific interests. The 1982 UN Convention on the Law of the Sea is the first document fully representing land locked states’ rights. As the Convention regulates relations in the field of maritime law, the regulation of the land locked states’ rights forms a small part of the conventional regime. The study „The Rights of the Land Locked States According to the 1982 UN Convention on the Law of the Sea” particularly analyses the regulation of land locked states rights stipulated in the Convention. The analysis confirms the hypothesis that the regulation of land locked states’ rights established by the Convention is insufficient to secure the interests of such states compared unfavourably with coastal states. The main goal is to analyse the articles regulating the rights of land locked states, to evaluate whether these rights secure land locked states and to clarify any conventional gaps. Current study presents the analysis of the Convention and its articles dealing with the rights of the land locked states. It also explores Convention’s travaux préparatoires, its commentary and opinions of legal scholars. The study has been structured in three parts consisting of introduction, main part and conclusions. The present text is outlined in 6 chapters discussing following questions:  The distinguishing features of land locked and geographically disadvantaged states’ concepts. The focus lies on the formation and genesis of these concepts discussing which states can call themselves land locked or geographically disadvantaged. The motives to participate in the UNCLOS III are being discussed in the view of the political situation which influenced the formulas of particular articles. There is also a question being discussed as to whether land locked and geographically disadvantaged states are in the same disadvantageous position in comparison with coastal states concerning the exploitation of living resources in they waters under coastal state jurisdiction.  The navigation right of the land locked states focusing on the scope of such right. Another points are the right of innocent passage and the right of using port facilities – whether the Convention grants these rights.  The right to navigate is connected to the freedom of transit passage and access to and from the sea. It is one of the tender questions for land locked states, which directly and deeply influences such states’ economy and participation in the international trade.  Land locked states’ potential to access resources and sea bed. The problem contains two questions – access to the living resources of exclusive economic zone and the high seas (right of fishing); access to the non living resources of the continental shelf as well as the sea bed.  The last chapter analyses the conduct of marine scientific research and the possibility of land locked states to participate in research activities.