Download e-book for iPad: Access to the Sea for Developing Land-Locked States by Martin Glassner

By Martin Glassner

ISBN-10: 9024750229

ISBN-13: 9789024750221

ISBN-10: 9401511764

ISBN-13: 9789401511766

This examine is an outgrowth of an curiosity within the query of entry to the ocean built by means 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 learn in lots of libraries in ny, Washington and California and by means of interviews, records and different reference fabrics, led to an in depth research of Bolivia's crusade for an outlet to the ocean. 1 the current research has drawn a few fabric from the sooner one, yet is such an difficult enlargement of it that it could possibly good be thought of a totally new attempt. the trouble used to be made as the challenge of entry to the ocean has turn into extra serious because the moment global conflict because the emphasis on exchange and fiscal improvement has grown whereas while many new land-locked states have been being born. There have, additionally, been extra threatened and genuine interferences with loose transit in this interval than throughout the previous part century and extra. an intensive 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 reviews were incorporated either as illustrations of lots of those difficulties and as particular occasions in which to check proposed solutions.

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Example text

The conference produced a charter which was never ratified by more than one state (Australia, with reservations) and never went into effect. Nevertheless, Article 33 of the Havana Charter of March 24, 1948 is considered to have been a step forward on the road to "a free and secure access to the sea" for landlocked states. Again, the Havana Charter reaffirmed and in some respects strengthened the Barcelona Convention's provisions for freedom of transit. In seven of its eight paragraphs, Article 33 of the Havana Charter was virtually identical with the seven paragraphs of Article V of GATT.

613-614. 23 Lauterpacht, op. , 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 .

This request was granted, despite the fact that the International Law Commission, an organ of the General Assembly, had not been and was not asked to prepare draft articles on the subject. The Assembly resolution, however, was mildly worded and contained only a hint that existing international law and practice were inadequate. Shortly before the Conference opened in Geneva, a Preliminary Conference of thirteen land-locked states was held to prepare proposals for presentation to the Conference. After much discussion and many compromises, the Preliminary Conference drew up a list of seven general principles.

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

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