OD WOLNOŚCI DO RÓWNOŚCI
FROM FREEDOM TO EQUALITY

LANDLOCKED STATES VERSUS INTERNATIONAL LAW OF THE SEA – SELECTED LEGAL ISSUES

Summary/Abstract: The author, starting with the presentation of the acts of the international law of the sea that are most relevant to the presented subject, describes the evolution of the definition of a landlocked state, and the genesis and development of the freedom of the high seas. The author, by means of the dogmatic and historical analysis of the normative acts, seeks an answer to the question: Can the occurrence of actual inequality lead to inequality or to apparent equality, manifested in normative acts? When examining the above issue in relation to the states’ experience, a thesis has been advanced about the seemingly editorial nature of the freedom of the high seas in the context of its exercise by landlocked states. This may suggest apparent inequality of states observable in the international law. The author argues that, despite some unfavourable codification changes, the landlocked states gain a number of rights that significantly reduce the discriminatory nature of the remaining provisions, and international experience shows that the position of the landlocked states in international relations is strong.

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