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REGIME OF ISLANDS
Article 121. Regime of islands
1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide.
2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.
3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.
ENCLOSED OR SEMI-ENCLOSED SEAS
Article 122. Definition
For the purposes of this Convention, 'enclosed or semi-enclosed sea' means a gulf, basin or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States.
Article 123. Co-operation of States bordering enclosed or semi- enclosed seas
States bordering an enclosed or semi-enclosed sea should co-operate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall en deavour, directly or through an appropriate regional organization:
(a) to co-ordinate the management, conservation, exploration and exploitation of the living resources of the sea;
(b) to co-ordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment;
(c) to co-ordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area;
(d) to invite, as appropriate, other interested States or international organizations to co-operate with them in furtherance of the provisions of this article.
RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND FREEDOM OF TRANSIT
Article 124. Use of terms
1. For the purposes of this Convention:
(a) 'land-locked State' means a State which has no sea-coast;
(b) 'transit State' means a State, with or without sea-coast, situated between a land-locked State and the sea, through whose territory traffic in transit passes;
(c) 'traffic in transit' means transit of persons, baggage, goods and means of transport across the territory of one or more transit States, when the passage across such territory, with or without trans- shipment, warehousing, breaking bulk or change in the mode of transport, is only a portion of a complete journey which begins or terminates within the territory of the land-locked State;
(d) 'means of transport' means:
(i) railway rolling stock, sea, lake and river craft and road vehicles;
(ii) where local conditions so require, porters and pack animals.
2. Land-locked States and transit States may, by agreement between them, include as means of transport pipelines and gas lines and means of transport other than those included in paragraph 1.
Article 125. Right of access to and from the sea and freedom of transit
1. Land-locked States shall have the right of access to and from the sea for the purpose of exercising the rights provided for in this Convention including those relating to the freedom of the high seas and the common heritage of mankind. To this end, land-locked States shall enjoy freedom of transit through the territory of transit States by all means of transport.
2. The terms and modalities for exercising freedom of transit shall be agreed between the land-locked States and transit States concerned through bilateral, subregional or regional agreements.
3. Transit States, in the exercise of their full sovereignty over their territory, shall have the right to take all measures necessary to ensure that the rights and facilities provided for in this Part for land-locked States shall in no way infringe their legitimate interests.
Article 126. Exclusion of application of the most-favoured-nation clause
The provisions of this Convention, as well as special agreements relating to the exercise of the right of access to and from the sea, establishing rights and facilities on account of the special geographi cal position of land-locked States, are excluded from the application of the most-favoured-nation clause.
Article 127. Customs duties, taxes and other charges
1. Traffic in transit shall not be subject to any customs duties, taxes or other charges except charges levied for specific services rendered in connection with such traffic.
2. Means of transport in transit and other facilities provided for and used by land-locked States shall not be subject to taxes or charges higher than those levied for the use of means of transport of the transit State.
Article 128. Free zones and other customs facilities
For the convenience of traffic in transit, free zones or other customs facilities may be provided at the ports of entry and exit in the transit States, by agreement between those States and the land-locked States.
Article 129. Co-operation in the construction and improvement of means of transport
Where there are no means of transport in transit States to give effect to the freedom of transit or where the existing means, including the port installations and equipment, are inadequate in any respect, the transit States and land-locked States concerned may co-operate in constructing or improving them.
Article 130. Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit
1. Transit States shall take all appropriate measures to avoid delays or other difficulties of a technical nature in traffic in transit.
2. Should such delays or difficulties occur, the competent authorities of the transit States and land-locked States concerned shall co- operate towards their expeditious elimination.
Article 131. Equal treatment in maritime ports
Ships flying the flag of land-locked States shall enjoy treatment equal to that accorded to other foreign ships in maritime ports.
Article 132. Grant of greater transit facilities
This Convention does not entail in any way the withdrawal of transit facilities which are greater than those provided for in this Con vention and which are agreed between States Parties to this Convention or granted by a State Party. This Convention also does not preclude such grant of greater facilities in the future.
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