Judge Helmut Tuerk
International Tribunal for the
Law of the Sea
Law of the Sea
The Landlocked States and the Law of the Sea
The manifold uses of the sea are also of considerable interest to landlocked States which, however, differ from other States in one decisive respect: as they do not border the sea, they need transit across the territory of other States in order to be able to benefit from maritime uses. The lack of a coast of their own further deprives them of exclusive rights with respect to maritime areas.
It has taken quite some time for certain legitimate interests of landlocked States with regard to the sea to be recognized in international law. The United Nations Convention on the Law of the Sea of 1982 undoubtedly represents a major step forward in this respect by reaffirming and in some ways also extending the nevertheless still rather limited rights of these States regarding maritime uses. Moreover, one of the major and lasting results of the Conference was to heighten the awareness of the international community that the law of the sea is also of considerable importance to landlocked States. Any further development in this field of law in view of continuing technological progress cannot ignore these States if new, universally acceptable legal rules are to be devised.
The Resurgence of Piracy:
A Phenomenon of Modern Times
Maritime piracy has a very long history and was thought to have, more or less, become a matter of the past. Its resurgence, which threatens the world trade and international security, is a phenomenon of modern times. This development is attributable to many factors, from the poverty of coastal populations and desire for financial gain, to the weakness of some states' policing functions, or even, as in the case of Somalia, the absence of an effective government and economic collapse, to the deficiencies of the legal environment characterized by both an insufficient legal framework and the lack of a response mechanism to counter piratical activities.