الإطار القانوني لتجارة العبور(الترانزيت) في ليبيا وأثره في تعزيز الاقتصاد الوطني: دراسة تحليلية في ضوء التشريعات الوطنية والاتفاقيات الدولية وفرص الربط التجاري مع الدول الحبيسة في افريقيا

Salem Ali  Al-Shtaiwi; Miftah Al-Shaibani Ahmed  Al-Shaibani

Authors

Salem Ali Al-Shtaiwi Higher Institution of Marine Science Technologies – Sabratha, Libya
Miftah Al-Shaibani Ahmed Al-Shaibani Misrata Free Zone Training Center

Abstract

This study examines the Legal Framework of Transit Trade in Libya and Its Role in Enhancing the National Economy, through an analysis of the national legislation governing transit trade and an assessment of its compatibility with relevant international principles and rules concerning freedom of transit and trade facilitation. Particular attention is given to the opportunities for utilizing Libya’s geographical position to strengthen its role as a regional trade corridor, particularly in serving landlocked countries in Africa.

The study is based on the premise that transit trade has evolved beyond the traditional concept of customs-controlled movement of goods across national territory to become an integrated economic and logistical activity closely connected with transportation, ports, logistics services, free zones, investment, and regional trade integration. Accordingly, the study examines the extent to which Libya’s existing legal and institutional framework can provide an appropriate environment for exploiting these opportunities and transforming the country’s geographical position into added economic value.

The study adopts the inductive and deductive approaches, complemented, where appropriate, by comparative legal analysis. It examines the relevant Libyan legislation governing transit trade, particularly Law No. (9) of 1430 concerning the Regulation of Transit Trade and Free Zones, as well as the customs provisions governing transit. It also considers relevant international agreements, rules, and principles concerning transit and trade facilitation.

The study finds that Libya possesses a legal basis for regulating transit trade. However, the main challenge lies in the need to develop and integrate the existing legislative and institutional framework and improve its implementation in line with the requirements of modern international trade. The study further finds that the multiplicity of institutions involved, the need to simplify and digitalize procedures, and the need for stronger institutional coordination are important factors affecting the efficiency and competitiveness of the Libyan trade corridor. It also demonstrates that landlocked African countries, particularly Chad and Niger, represent promising opportunities for the development of Libyan transit trade, provided that an appropriate legal, institutional, and bilateral framework is established.

The study recommends reviewing, updating, and integrating the existing legislation; establishing a clearer framework for strategic trade corridors; strengthening coordination among relevant authorities; developing single-window and digital trade systems; and enhancing legal and commercial cooperation with landlocked African countries. Such measures could contribute to transforming Libya’s geographical position into a sustainable economic and logistical advantage capable of supporting national economic development.