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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.
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 en deavour, directly or through an appropriate
(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.
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 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
(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
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
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 geographi cal position of land-locked States,
are excluded from the application of the most-favoured-nation clause.
Article 127. Customs duties, taxes and
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
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
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
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
This Convention does not entail in any
way the withdrawal of transit facilities which are greater than those
provided for in this Con vention 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.
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