Landlocked Stages Passage - Pre-draft

[Simone]

Motivation

This is a direct transplant in WA terminology of Articles 124-132 of the UN Convention on the Law of the Sea, which did not make the cut in GA168 given the shorter length of GA resolutions at that time.

Note that I use the word “ocean” instead of “sea” to avoid arguments over whether a landlocked sea, such as the Dead Sea, is a lake or a sea.

It still has the Herby clause because it’s drafted before Herby (claims to) have left the WA and I don’t want her to bug me with an “ehhhh ehhhh ehhhh” again if she comes back.


Draft 1

The World Assembly (WA),

Noting that some WA states do not have a coast with access to an ocean (“landlocked state”);

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

Desiring to rectify this deficiency;

The WA hereby enacts as follows:

“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;

“Traffic in passage” means individuals, baggage, goods, and the transportation across the sovereign territory of one or more passage states. This excludes any travel entirely through the airspace of that WA state.

“Transport equipment ” means anything used as means of transport, such as a car, train, or a ship if a navigable river exists.

Exclusions. Transport equipment exclude:

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;
4. any aircraft or other similar equipment subject to the jurisdiction of the International Aero-Space Administration;
5. any sapient individuals that can fly; and
6. any sapient cars.

1. Right of access.
   1. Landlocked states have the right of access to or from an ocean 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.
2. Fees and regulations.
   1. No passage state may impose duties, taxes or other fees or charges on traffic to or from a landlocked state.
   2. No passage state may levy charges on traffic in passage, such as road tolls, rail fares, and bus tickets, that discriminate between traffic in passage and the domestic traffic of that passage state.
3. 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. The passage state shall facilitate where possible for equipment used by a landlocked state to satisfy the technical and safety requirements of the passage state.
   2. Crew members from a landlocked state (such as train crew members, drivers, and navigators) are required to meet the training and qualifications requirements of the passage state.
4. 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, the landlocked state and the passage state shall agree to such technical means as necessary to prevent disputes, such as arranging for through trains that do not allow embarking or disembarking in the passage state.
   3. The landlocked state is responsible for handling quarantine measures imposed by a passage state, subject to negotiations between the relevant states, such as using entirely enclosed trains as equipment for transit through the passage state.
5. Customs.
   1. The customs regulations of a passage state shall apply to traffic in transit, subject to the following sub-clause.
   2. If a landlocked state desires imports or exports of goods prohibited in a passage state (such as alcohol, certain fruits and vegetables, or nuclear weapons), the landlocked state is required to implement all necessary measures to prevent such goods from illegally entering that passage state during passage. The passage state may not prohibit passage of such goods on the grounds that such goods are prohibited in the passage state.
6. Embargoes.
   1. No passage state may deliberately impede traffic in passage, or deliberately prioritize domestic traffic over traffic in passage, except in the ordinary course of traffic management.
   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.
7. 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. In case no negotiations under clause (2) and sub-clause (4)(b) can be concluded, the Independent Adjudication Office shall adjudicate and ultimately, if necessary, impose arrangements between the relevant states to ensure at least a minimum level of access for the landlocked state.
   3. The WA Judiciary Committee shall have jurisdiction on any disputes between WA states on this resolution.