By Martin Glassner
This examine is an outgrowth of an curiosity within the query of entry to the ocean constructed 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 3 times and Bolivia two times. This adventure, supplemented by way of learn in lots of libraries in manhattan, Washington and California and via interviews, files and different reference fabrics, ended in an in depth learn 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 tricky enlargement of it that it will probably good be thought of a unconditionally new attempt. the trouble was once 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 unfastened transit in this interval than through the previous part century and extra. a radical exam of the topic appeared so as, then, as an reduction to an knowing of the issues concerned and as a consultant to destiny makes an attempt to unravel them. as well as a normal survey of the query, 3 case experiences were integrated either as illustrations of a lot of those difficulties and as particular occasions in which to check proposed solutions.
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266. DEVELOPMENT OF INTERNATIONAL LAW 25 had been generally accepted. However, as he himself points out later in his article, While there has been no change in the legal status of transit rights during the past twenty years, the actual practice of nations has undoubtedly deteriorated. This has happened in two distinct ways. In the first place, states have used their ability to interfere with the right of transit of goods across their territory as an instrument of national policy . . Elsewhere the threat or even the fear that transit rights would be denied have prevented some countries from making use of rights which were legally theirs ...
N. Conference which hammered out this Convention was that the problems which transit involves for landlocked States, their coastal neighbours and "third countries" were for the first time discussed at an international plenipotentiary level. These problems have thus acquired, as it were, "status" on the world scene. 2. Having acquired such status, those transit problems, especially of the developing land-locked countries, will probably appear more frequently on the international scene, for example, UNCTAD.
This effort was defeated because most states recognized that the coastal state had to protect its own security. The general trend noted since the Second World War in discussions of access to the sea was evident at the Geneva Conference also. All of the proceedings on land-locked states at the Conference hinged on the economic liabilities suffered by reason of inaccessibility to the sea and reflected cooperation in reducing the distinction between maritime and landlocked states. 30 The final recommendation of the Fifth Committee to the Conference contained some of the elements of the Principles, but in a modified form.