Tariq Saeedi
Landlocked developing countries (LLDCs), numbering 32 across Africa, Asia, Europe, and South America, face unique challenges due to their lack of direct access to the sea. These nations rely on transit through neighboring countries to reach seaports, a critical factor for their integration into global trade networks. High trade costs, bureaucratic delays, and dependence on transit countries’ infrastructure often hinder their economic development.
The Third United Nations Conference on Landlocked Developing Countries (LLDC3), scheduled for August 5–8, 2025, in Awaza, Turkmenistan, under the theme “Driving Partnerships for Progress,” provides a timely opportunity to address these challenges. This article argues that while existing international treaties provide a foundation for transit rights, their limitations necessitate a new, universally binding provision to ensure safe, unhindered, and non-prohibitive passage for LLDCs, akin to the right of innocent passage in maritime law.
Existing Legal Frameworks for Transit Rights
Convention on Transit Trade of Land-locked States (1965)
The Convention on Transit Trade of Land-locked States, concluded on July 8, 1965, and effective from June 9, 1967, is a multilateral treaty designed to facilitate the transit of goods for landlocked countries. Key obligations for transit states include:
- Arrangements for Transit: Transit states must make arrangements with landlocked states to allow goods to pass to or from coastal ports.
- Non-Discrimination: Transit states must not discriminate based on the origin or destination of goods.
- Supervision and Protection: Transit states are responsible for supervising or protecting goods in transit, with expenses covered by landlocked states.
This treaty establishes a framework for transit rights but is limited by its ratification status and varying implementation across countries.
United Nations Convention on the Law of the Sea (UNCLOS, 1982)
Part X of UNCLOS, titled “Right of Access of Land-locked States to and from the Sea and Freedom of Transit,” provides additional protections for landlocked states.
Key provisions include:
| Article | Key Provisions |
| Article 125 | Landlocked states have the right to access the sea to exercise freedoms of the high seas, with freedom of transit through transit states by all means of transport. Terms are agreed via bilateral, subregional, or regional agreements. |
| Article 127 | Traffic in transit is exempt from customs duties, taxes, or charges except for specific services rendered. |
| Article 130 | Transit states must avoid delays or technical difficulties in transit traffic. |
| Article 131 | Ships flying the flag of landlocked states receive equal treatment in maritime ports. |
UNCLOS reinforces the principle of free transit but relies on agreements between states, which may not always be equitable or consistently enforced.
Limitations of Current Frameworks
While these treaties provide a legal basis for transit rights, several challenges persist:
- Limited Ratification: Not all relevant countries have ratified these treaties, reducing their global applicability.
- Implementation Gaps: Even among ratifying states, enforcement can be inconsistent, with LLDCs facing delays, high costs, or discriminatory practices.
- Reliance on Bilateral Agreements: Many LLDCs depend on bilateral or regional agreements, which can favor transit states and lack the consistency of a universal framework.
- Infrastructure Challenges: Inadequate transport infrastructure in transit countries exacerbates delays and costs for LLDCs.
These limitations highlight the need for a more robust and universally binding framework to ensure equitable transit rights.
The LLDC3 Conference: Context and Opportunities
Overview of LLDC3
The LLDC3 conference, hosted by Turkmenistan, aims to address the unique challenges faced by LLDCs, which include 16 least developed countries (LDCs) among their ranks. With a population of over 570 million, LLDCs face trade costs up to 50% higher than those of coastal nations due to their reliance on transit countries. The conference’s theme, “Driving Partnerships for Progress,” emphasizes collaboration, innovation, and investment to unlock LLDCs’ potential.
Key agenda items include:
- Resilient Connectivity: Promoting unfettered transit systems to enhance LLDCs’ competitiveness in global trade.
- Trade Facilitation: Leveraging trade and regional integration to reduce barriers.
- Infrastructure Investment: Mobilizing resources to improve transport and logistics infrastructure.
These focus areas align closely with the need to strengthen transit rights, making LLDC3 an ideal platform for advancing this issue.
Turkmenistan’s Role and Perspective
As a landlocked country, Turkmenistan has a vested interest in transit rights. Historically a key point on the Silk Road, it is now positioning itself as a modern logistics and transport hub. Initiatives such as its single window system for trade, implemented with UN support, have streamlined cross-border processes, registering over 5,000 users and processing 20,000 applications in eight months. Turkmenistan’s Transport Diplomacy Program (2022–2025) further aims to modernize its transport infrastructure and strengthen its role in international transit corridors. As the host of LLDC3, Turkmenistan is well-placed to advocate for enhanced transit rights, potentially championing a new international provision.
The Case for a New International Provision
Why Current Frameworks Are Insufficient
Despite the existence of the 1965 Convention and UNCLOS, LLDCs continue to face significant challenges:
- High Trade Costs: LLDCs incur trade costs significantly higher than coastal nations, often due to bureaucratic hurdles and inadequate infrastructure in transit countries.
- Negotiation Imbalances: Bilateral agreements, while common, can favor transit states, leaving LLDCs vulnerable to unfavorable terms or disruptions, as seen in cases like Nepal’s transit challenges with India.
- Lack of Universal Standards: The absence of a universally binding treaty means that transit rights are applied inconsistently, with some LLDCs facing greater barriers than others.
- Evolving Global Trade: The increasing complexity of global supply chains and the rise of digital trade necessitate updated frameworks to ensure LLDCs are not left behind.
These challenges suggest that existing treaties, while foundational, do not fully address the systemic issues faced by LLDCs.
Proposal for a New Provision
A new international provision, developed under the auspices of the United Nations, could address these gaps by:
- Standardizing Transit Agreements: Establishing uniform standards for transit arrangements to ensure equitable treatment and prevent discrimination.
- Ensuring Non-Prohibitive Passage: Prohibiting excessive fees, delays, or arbitrary restrictions by transit states, akin to the “innocent passage” concept in UNCLOS.
- Creating Dispute Resolution Mechanisms: Providing a framework for resolving conflicts between landlocked and transit states, ensuring accountability.
- Promoting Infrastructure Investment: Encouraging transit states to invest in transport infrastructure, supported by international funding and partnerships.
- Incorporating Modern Trade Needs: Addressing digital trade, e-commerce, and sustainable transport solutions to align with contemporary global trade dynamics.
Such a provision would build on the principles of existing treaties but provide a more comprehensive and enforceable framework, ensuring that all LLDCs have guaranteed access to seaports.
Alignment with LLDC3’s Objectives
The LLDC3 conference’s focus on partnerships and connectivity provides a strategic opportunity to advance this proposal. Key stakeholders, including heads of state, international organizations, and the private sector, can collaborate to:
- Assess the effectiveness of current transit arrangements.
- Identify gaps in existing legal frameworks.
- Build consensus on the need for a new provision.
- Develop a roadmap for drafting and ratifying a new treaty or protocol.
Turkmenistan’s leadership, given its own experience as a landlocked country and its commitment to transit diplomacy, could drive this initiative forward.
Potential Challenges and Considerations
While the case for a new provision is strong, several challenges must be addressed:
- Resistance from Transit States: Coastal or transit states may resist additional obligations, citing sovereignty or economic concerns.
- Ratification and Enforcement: A new treaty would require widespread ratification and robust mechanisms to ensure compliance.
- Resource Constraints: LLDCs and transit states may require international support to invest in infrastructure and capacity-building.
- Regional Variations: The diverse needs of LLDCs across Africa, Asia, Europe, and South America necessitate a flexible yet comprehensive framework.
These challenges can be mitigated through inclusive negotiations, international funding, and partnerships, all of which align with LLDC3’s theme.
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The LLDC3 conference in Turkmenistan offers a critical opportunity to address the transit challenges faced by landlocked developing countries.
While the 1965 Convention on Transit Trade of Land-locked States and UNCLOS provide important protections, their limitations—limited ratification, inconsistent implementation, and reliance on bilateral agreements—underscore the need for a new, universally binding international provision.
Such a framework could ensure safe, unhindered, and non-prohibitive passage for LLDCs, mirroring the clarity and enforceability of the “innocent passage” concept in maritime law. By leveraging the conference’s focus on partnerships and connectivity, stakeholders can advocate for a transformative approach to transit rights, unlocking the economic potential of LLDCs and fostering a more equitable global trade system. /// nCa, 31 July 2025