Governance of Transport Corridors in OIC Member States:
Challenges, Cases and Policy Lessons
22
An agreement refers to any form of document, binding or not, that reflects the willingness and
commitment of the parties concerned by the development of the corridor and endorsed by them,
including a memorandum of understanding, a convention, a treaty, or other types of agreements.
Such agreements typically cover the overall strategic perspective of the corridor in various levels of
detail, as well as any institutional arrangements and the working principles and financing thereof, but
can also extend into specifics, such as sanctions in case of non-compliance, prioritisation systems or
sustainability goals. The commitment and willingness by the members to reach a common objective is
expressed through the depth of the legal framework. Examples of legal corridor arrangement are
presented i
Table 2.3 Types of legal agreements used in corridors
Agreement7 Extent to which the agreement is binding Examples
Memorandum of Understanding
(MoU)
Expresses a willingness to cooperate, but is
not binding. No consequences for non-
compliance, unless explicitly mentioned
SEETO
Treaty - regulation Content of a treaty is legally binding TEN-T corridors
Source: consortium.
As indicated above, an agreement between the members can cover all seven governance domains to
various levels of detail. An example of the structure of a MoU is presented i based on the
SEETO MoU.8
Table 2.4 Example of the content of a MoU
Content of draft MoU
1. Aim;
2. Definition of the Network;
3. Planning and financing of investments of transport infrastructure;
4. Studies;
5. Exchange of information;
6. Technical standards and interoperability;
7. Border crossing and customs operation;
8. Framework for participation of economic and social partners;
9. Ministerial meetings;
10.Steering committee;
11.Implementation.
Source: MoU SEETO.
The development of a corridor does not necessarily have to precede the establishment of an agreement
between the participants. Plans for corridor development could be incorporated in existing treaties
(e.g. Pakistan & Afghanistan or Chile & Bolivia), or be established by an already existing legal
framework. For example, for TEN-T, various agreements among the EU member states already existed
before a common transport policy was agreed upon. Legal instruments laying down the principles of
how the various EU bodies are to be governed were already in place and were used to set up a common
transport policy.
Harmonization and mutual recognition between members
Another legal dimension of corridor governance relates to the compatibility of legal systems between
the members. Legal harmonization helps to simplify trade processes required for a smooth transport
7 Note that with any agreement, the extent to which it is binding depends on what is explicitly mentioned in the agreement e.g. a
MoU is binding if not explicitly mentioned that it is notbinding. However, such a section is usually included in a MoU.
8 See