Transitfreiheit

Transitfreiheit, or freedom of transit, is a principle in international economic law that allows goods (and, in some contexts, people) to pass through the territory of one state to reach another destination without unnecessary delays or discriminatory treatment. The aim is to prevent undue hindrance to international trade and movement and to ensure that transit routes are usable on a nondiscriminatory basis.

The most widely cited articulation of the rule is found in the General Agreement on Tariffs and Trade (GATT) of 1947, now part of the WTO framework, under the heading of freedom of transit. It requires contracting parties to permit transit operations without imposing duties or charges beyond those necessary for legitimate border controls, to avoid excessive delay, and to treat transit shipments fairly regardless of origin or destination. States retain the right to enforce essential security, health, and safety measures, and to regulate entry at borders, but such measures should not unnecessarily obstruct transit.

In practice, transit is supported by specific regimes and procedures, such as customs transit arrangements that streamline movement through intermediate territories. Within the European Union, transit concepts are linked to the free movement of goods and to harmonized border procedures that facilitate cross-border commerce while maintaining regulatory controls.

Limitations and disputes may arise when a state argues that transit restrictions are necessary for security or public policy. Such measures can be reviewed under international dispute settlement mechanisms, including WTO procedures, to determine whether they unduly hinder lawful transit.

See also: WTO, GATT Article V, customs transit regimes, free movement of goods.