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Descubra todo lo que Scribd tiene para ofrecer, incluyendo libros y audiolibros de importantes editoriales. Background The ocean cover more than two third of the surface of the earth and constitute a vast area of communication, a sources of living and nonliving resources and an object of scientific research. In the world there are 42 states have no sea coast.
Each of these landlocked countries is disadvantages by its lack of territorial access to and distance from the sea. In addition, there are number of state which are said to be geographically disadvantaged as far as the sea is concerned, since their coastline is very short in proportion to the size of their land territory. However, the right of landlocked countries to fly their own flag on the seas could only be effective if at the same time they also enjoy the right to have access to the seas.
In the same way, landlocked states also can be flag states and enjoy the right of free navigation. This problem had for a long time been of major concern too landlocked states.
No wonder that in previous countries landlocked states had striven to fain direct territorial access to the sea. Under contemporary circumstances, the only generally accepted way to solve this problem appears to be by way of bilateral or multilateral treaty arrangements on transit rights. Nepal as a landlocked country has a guaranteed right to free access to and from the sea through the territory of India, under International Law, but India has taken a long time to access to and from the time to acknowledge this and is slow and often reluctant to honour this right in practice.
Small domestic market and 2. Inadequate economic infrastructure. The sea fright is almost same to all countries. The geographical position of the landlocked countries is known as major cause to reduce their overall capacity of economic development. The long distance from High sea keeps them in isolation from the world market. The main purpose of connectivity with High sea is to enhance trade and development through it. Nepals trade was traditionally directed towards India.
The transit transport coast has highly affected the export competitiveness of Nepal. Bilateral trade and trade related activities between Nepal and India are generally governed by the treaties of trade. Nepal is a land-locked country surrounded by India in east, south and west, and north by china. Nepal is virtually depended on India for access to the sea and international market, 6. Due to its weak foreign policy, bilateral trade and treaties with India play a significant role in the economic development process of Nepal.
They determine the trade pattern and prospects of the country. Trade and transit treaties, held between Nepal and India, can be seen as the outcomes of progress and understanding towards improving trade relationship between two countries. The United Nations UN General Assembly has passed various resolutions to reaffirm the rights of access of land-locked countries and called for 3 Subed.
Dynamics of foreign Policy and Law. London :Oxford University Press. The UN has called upon its members to realize the development deed of landlocked countries and to provide adequate transit facilities.
Special UN agencies were formed and they tried to reduce the difficulties of landlocked countries. The first agreement with British India was signed in , Article VI of the treaty stipulated that No customs duty shall be levied at British India ports on good imported on behalf of the Nepal Government for immediate transport to the country. Transit rights are very much important for landlocked states to develop her trade activities as well as for overall economic development. Due to no coat landlocked states are depend upon with coastal state consider that the transit rights of landlocked states are always based on reciprocal basis.
Nepal and India signed bilateral treaty in the year covering different sectors of relationship including trade and transit. Despite of having the old relationship with India, Nepal has not able to get benefit from her neighbour i. Prior to s, India an Tibet were the major trade partner of Nepal. Virtually, country had a closed economy. Treaty of peace and friendship formalized close relations between two countries. Formal trade relation between the two countries were established in with the signing of the Treaty of Trade.
After the signing of Treaty of Trade in July , the pace of organized and diversified trade began between Nepal and India. This treaty made the provision of full and unrestricted right of commercial transit of goods and manufactures through the territory and ports of India.
In , instead of a single Treaty, three agreements were signed. The two separate treaties on trade and transit and an agreement on cooperation in controlling unauthorized trade on boarder was signed on New Delhi on 17 March between Nepal and India.
They come into effect from 25 march replacing the composite Treaty of Trade and Transit. The Treaty of Transit and protocol laid down the procedure to be followed for Nepaleses traffic in though India. India agreed to provide an overland route for Nepals trade with Bangladesh as with third countries through Bangladesh through her short corridor of India territory. The treaty of Trade signed in was valid for five years at a time and could be renewed for a further period of five years b mutual consent, while the treaty to transit signed in was valid for seven years at a time and could be extended by years on ad hoc basis from time to time until its date of expiry on 23 march India signed two treaties were modified India signed two treaties on trade and transit with in Nepal in Indo-Nepal treaty of Trade, valid for five years, was revised and renewed through exchange of latter on 3rd December The Treaty was renewed in December for a further period of five years with the provisions for further periods of five years, at a time, by mutual consent subject to such modifications as may be agreed upon.
The protocol to the India-Nepal Treaty of Trade was renewed with some modifications in February and extended validity period further for This new treaty has some significance features regarding trade relation between Nepal and India. It is done at Kathmandu whereas previous treaty of 6 th December was done at India.
It supersedes the Treaty of Trade. The Treaty of Trade of was for five years renewed for five years but this treaty of Trade of shall remain in force for a period of seven years and shall automatically extended for further periods of seven years at a time. This of Treaty of Trade may amended or modify by mutual consent of the. Annexure A of this treaty has mentioned the list of Agreed Routes for mutual Trade.
This has added five other routes for mutual trade. Now total 27 routes are opened for mutual trade. These added routes will facilitate for the improvement of transit facility of Nepal.
Treaty of transit like the earlier treaty was of seven years duration, at the first instance, but renewable for a further period of seven years by mutual consent. The Treaty of Transit, came up for renewal in December and following bilateral talks, a renewed Treaty of Transit was signed on January 5, The renewed Treaty contains liberalized procedures of the transit of the Nepalese goods.
The treaty had provisions for automatic renewal of the Treaty or further seven years periods. However, the Protocols and Memorandum of the Treaty, containing modalities and other would be subject to review and modification every seven years or earlier if warranted.
The validity of the Treaty of Transit in its existing from stands extended for a further period of seven years with effect from 5th January to 4th January Though the framework of the Treat has not been altered much, some changes have been made in its operation modality, which has mention at the protocol and Memorandum of the Treaty of Transit. Earlier, the treaty had expired on January 5, but was kept effective through three month extension.
The importance of economic and trade relation with India is to remain as same as it was in the past from the Nepalese perspective. In the realm of global trade integration the trade relation between those two countries needs to improve further.
Bilateral treaty reflects a symbol of the very relationship that prevails between two countries. The Trade and Transit have been quite comprehensive concentrating on the issues of hazardous cargo, insurance, quantum of primary commodities and rules of origin. The rules of origin norms enabling preferential treatment of the Nepalese manufacture goods for entry into the Indian market has gradually been relaxed in the bilateral trade and transit treaties, the number of primary commodities eligible to enter into both the countries free of restriction has been increased.
Similarly, the number of transit points to facilitate Nepals trade with India and, also Nepals trade with third countries through Indian Territory has been expended. Without the cooperation with the 12 Treaty of Trade, Annexure A 13 Treaty of Trade and Transit, The United Nations Conventions on Law of the Sea, has provided right to and from the sea but this depends upon reciprocity.
Transit state claims their sovereignty, national interest protection, and national security matters, when dealing with the landlocked states. This Treaty of Transit is the main means for the enjoyment of the transit rights as provided by the International law.
Nepal as a landlocked country, which have signed separate treaty of Transit with her transit state play very significant role to maintain the proper transit relation and to determine the volume of trade and economy of the country. Coming on the heels of the Indian blockade, this treaty has been hailed as a major turning point for Nepal with China.
In , British India guaranteed Nepal limited transit rights. In , another treaty was signed between Nepal and independent India, which provided transit rights to Nepal, including access to all the ports in India.
However, through another treaty in , port access was limited to the Haldia port in Calcutta. The treaty of trade and transit was part of a single treaty until , when Nepal signed three different treatiestreaty of trade, treaty of transit, and agreement of cooperation to control unauthorised tradewith India.
These three treaties are still applicable today. Various international treaties also accord transit rights to landlocked countries like Nepal. Indias Calcutta port is km from Nepal Border. We have a transit agreement with Bangladesh as well, but it depends on transit through India since we do not share a border with Bangladesh. Hence, till now our transit facility was purely limited to India. In that sense, the Transit Transport agreement with china marks an important milestone in the transit history of Nepal.
They do not have easy activities of economics and business development. They have faced so many problem, economic development, business development, export-import development, exploitation of huge resources of sea, scientific research in the sea, consumption of sea food, and they cannot take easily and benefits from the sea because they have no easy access to sea and from the sea.
They have much more problems of transit transport route, transportation infrastructure, port infrastructure, rail infrastructure and air infrastructure. The landlocked states are more dominating from costal states for the use of transit rights. The sea used only for transport, communication and foods, but now a day, sea is very important natural resource for development of every sector.
Sea has many resources such as food, petroleum, iron, metal, gold, diamond, and so many things. Other important sides is way of business, every country that has touched sea, they easily can do business, exploit huge resources and earn much more money from the sea and made their strong, healthy trade and economic status.
5th Year Desertation
Doctrina general del estado, elementos de filosofía política;