Section 129p. 129

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

3.

States

concerned

shall

ensure

that

conservation

measures and their implementation do not discriminate

in form or in fact against the fishermen of any State.

Article 120. Marine mammals

Article

65

also

applies

to

the

conservation

and

management of marine mammals in the high seas.

PART VIII. REGIME OF ISLANDS

Article 121. Regime of islands

1. An island is a naturally formed area of land, surrounded

by water, which is above water at high tide.

2. Except as provided for in paragraph 3, the territorial sea,

the contiguous zone, the exclusive economic zone and

the continental shelf of an island are determined in

accordance

with

the

provisions

of

this

Convention

applicable to other land territory.

3. Rocks which cannot sustain human habitation or

economic

life

of

their

own

shall have no exclusive

economic zone or continental shelf.

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. Cooperation of States bordering enclosed or

semi-enclosed seas

States

bordering

an

enclosed

or

semi-enclosed

sea

should cooperate 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

coordinate

the

management,

conservation,

exploration and exploitation of the living resources of the

sea;

(b) to coordinate the implementation of their rights and

duties with respect to the protection and preservation of

the marine environment;

(c) to coordinate 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 cooperate 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.

Cooperation

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

cooperate

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

cooperate

towards their expeditious

elimination.

Article 131. Equal treatment in maritime ports

© Compiled by RGL

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