The Strait of Hormuz, a narrow passage crucial for global oil shipments, has become a flashpoint in the ongoing geopolitical tensions between the United States and Iran. While both nations agree on its geographical status as a strait, their interpretations of international maritime law diverge sharply, leading to conflicting claims and actions.
The U.S. views the Strait of Hormuz as an international waterway, asserting that Iran's toll-charging practices are illegal. In contrast, Iran considers the strait part of its territorial waters, viewing U.S. blockades as a violation of its sovereignty. This dispute is compounded by the fact that neither nation has ratified the United Nations Convention on the Law of the Sea (UNCLOS), which 171 countries and the European Union have adopted.
'The U.S. and Iran are living in two different legal universes when it comes to the international laws governing the strait,' noted a maritime law expert.
Iran bases its claims on older international standards, such as the 1949 Corfu Channel case and the 1958 Territorial Seas Convention, which allow for 'innocent passage' but not suspension of transit. The U.S., meanwhile, argues for 'transit passage' under UNCLOS, which favors free navigation over coastal control. This legal impasse underscores the broader tensions in the region, with both nations prioritizing their own interests over international consensus.