[Draft 1] - Landlocked States Passage Protocol

[Simone]

The World Assembly (WA),

Noting that some WA states do not have a coast with access to an ocean, or contain territory (or have its entire territory) being an exclave, enclave, or pene-exclave of one or more other states (“landlocked state”);

Concerned by the impact on trade and development for a landlocked state;

Believing that the circumstances amount to a form of discrimination for the landlocked state (or their exclaves, enclaves or pene-exclaves);

The WA hereby enacts as follows:

1. Definitions.
   1. "Passage state” means one or more WA states, situated between a landlocked state and an ocean, where traffic in passage can pass through between the landlocked state and the ocean;
   2. "Traffic in passage" means individuals, baggage, goods, and the transport equipment (defined below) used to move the said individuals, baggage, and goods across the territory of one or more passage states. This excludes any travel entirely through the airspace of that WA state. Traffic in passage cannot be considered "domestic" in nature for the purposes of WA resolutions.
   3. "Transport equipment" means anything used as means of transport, such as a car, train, or a ship if a navigable river exists.
2. Exclusions. Transport equipment excludes:
   1. any pipelines, power lines, or similar objects between WA states;
   2. any equipment operated by or on behalf of the WA or any of its sub-committees;
   3. any travel through the airspace of that WA state; and
   4. any sapient cars.
3. Right of access.
   1. Landlocked states have the right of access to or from an ocean (or to another part of the same WA state) for the benefit of that state’s inhabitants.
   2. A landlocked state shall have the freedom of passage through one or more passage states, subject to negotiations between the relevant states and the conditions defined herein.
   3. Any provisions that facilitate trade, such as building additional rail lines, customs check points, and port facilities, shall be subject to negotiations between the relevant states and the conditions defined herein.
   4. A WA state has the right to request for assistance from any of the sub-committees of the WA in negotiations with non-WA states.
4. Fees and regulations.
   1. No passage state may impose customs duties or taxes on traffic to or from a landlocked state, as long as no passengers or cargo embark or disembark during passage, as such traffic is not considered domestic in nature.
   2. No passage state may levy charges on traffic in passage, such as road tolls, that discriminate between traffic in passage and the domestic traffic of that passage state.
5. Licensing.
   1. No passage state may impose technical and safety requirements on transport equipment that discriminate between traffic in passage and the domestic traffic of that passage state.
   2. Crew from a landlocked state (such as train crews) are required to meet the training and qualifications requirements of the passage state.
   3. The passage state shall facilitate the satisfaction of the technical and safety requirements of the passage state by equipment used by a landlocked state and by their crew.
6. Passenger entry and exit.
   1. The passport and ID regulations of a passage state shall apply to traffic in transit.
   2. If a passage state does not ordinarily permit foreigners to enter, or has quarantine measures in place, the landlocked state and the passage state shall agree to such technical means as necessary to prevent disputes, such as arranging for enclosed through trains that do not embark or disembark in the passage state.
7. Customs.
   1. The customs regulations of a passage state shall apply to traffic in transit.
   2. If a landlocked state desires passage of goods prohibited in a passage state (such as fruits, alcohol, or nuclear weapons), the landlocked state must implement all necessary measures to prevent leakage for any reason during passage. The passage state may not prohibit passage of such goods as long as the said measures are in place.
8. Embargoes.
   1. Any ordinary course of traffic management by a passage state may not discriminate between domestic traffic and traffic in passage.
   2. No passage state may embargo any traffic in passage unless the passage state is in a declared state of war with the landlocked state.
9. Jurisdiction.
   1. This resolution does not govern any additional cooperation between the landlocked state and a passage state exceeding the requirements of this resolution.
   2. The WA Judiciary Committee shall have jurisdiction on any disputes between WA states on this resolution, including compelling the successful conclusion of any negotiations between WA states.