The rights of land-locked and geographically disadvantaged states in exclusive economic zones: an appraisal of certain aspects of the scope of participation

Abstract

This article attempts to answer some of the queries arising in regard to the rights of Land-Locked and Geographically Disadvantaged States (LLlGDS) in Exclusive Economic Zones (EEZ). Specifically, it aims to contribute to a better understanding of the main factors that, in the author's opinion, delimit the scope of the participation of such States in the living resources of the EEZ. While a number of obscurities will be clarified, there are undoubtedly others that perhaps await the more detailed analyses that will be forthcoming as the Convention on the Law of the Sea is subjected to progressively more complete study.

The conclusions arrived at are of course based on the Convention on the Law ofthe Sea (CLS) whenever this treaty provides a solution, satisfactory or otherwise, to the problem under discussion. In its absence, resort will be had to retrospective analysis of the problem by examination of its treatment in the Seabed Committee and in the Third Conference on the Law of the Sea (UNCLOS 111), and by reference to previous contributions to doctrine. I present below my evaluation of what in my view are some of the weightiest legal factors affecting the rights of LLlGDS to participate in the living resources of the EEZ