Rights of Nepal as Landlocked Country in Reference to the Transit Relation with India and China

Abstract

As Nepal is locked by India and China geographically, Nepal does not have direct access to sea and other third country. So, it is entitled to get access to transit. Moreover, Nepal, India and China should respect the transit rights of their goods and service without regular obstruction to it. Transit issues and free trading system shouldn't be political issues and agenda rather it should be an issue of transparent and free trading system. Nepali goods and service shouldn't be the subject of obstruction in regular interval of time by its neighboring countries. Geographically, India is more feasible for Nepal to transfer goods and services via road. It does not mean China is not important for Nepal. Nepal can make equal trading with China. Nepal should allow its nationals to make trading freely with both countries not with the intention of check and balance but with a intention of free movement of goods and service followed by world trading system. United Nations Conventions on Law of the Sea, 1982, Convention on Transit and Trade of Land-locked States, 1965, World Trade Organization (WTO), 1995, South Asian Free Trade Area (SAFTA) Agreement, 2004, BIMSTEC Free Trade Area Framework Agreement, 2004 support free trading system and unhindered transit rights. UN Charter, ICCPR, ICESCR, BIMSTEC, Charter of SAARC, Geneva Conventions supports rights of human being and civilian even in peace time and war time. So, necessity of human being shouldn't be the target of any form of economic embargo. As Nepal and India concluded Transit Treaty and Trade Treaty for free movement of authorized goods between them, transit shouldn't be the subject of obstruction. Nepal can also conclude necessary agreement with China and make economic transaction to broaden their economic activities.