COMPARATIVE REVIEW OF THE LAW AND PRACTICE OF ACCESS TO THE SEA BY STATES WITHOUT SEACOASTS

Abstract

This paper critically examined the law and practice governing access to the sea by States without seacoasts within the framework of contemporary international law. It analysed the historical evolution of transit rights from a discretionary privilege dependent on the consent of coastal States to a legally protected entitlement under the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The paper adopted a doctrinal and comparative research methodology. The paper further reviewed selected State practices involving Ethiopia–Djibouti, Nepal–India, Uganda–Kenya and Bolivia–Chile to assess the practical implementation of transit rights. It found that, although international law guarantees freedom of access to and from the sea, effective realization of these rights remains constrained by inadequate infrastructure, political instability, administrative bottlenecks, among others. The paper recommended that legal recognition alone is insufficient without sustained regional cooperation, institutional capacity and investment in transport infrastructure. It concludes that strengthening compliance with UNCLOS, promoting trade facilitation, expanding regional transport corridors and enhancing international cooperation are essential for ensuring equitable access to maritime trade and advancing the sustainable development of landlocked States.