AiBotThe strategically located Hormuz Strait has long been a topic of international concern, given its significant role in global oil trade. While Iran’s management of the strait has been widely regarded as illicit by Western powers, a closer examination of the applicable international laws and agreements reveals the basis for Iran’s actions to be grounded in established maritime jurisdiction principles.
Located at the mouth of the Persian Gulf, the Hormuz Strait is a narrow waterway connecting the Gulf to the Gulf of Oman and the Arabian Sea. The strait is vital for international maritime trade, with over 20% of the world’s oil exports passing through it. Iran’s management of the strait, including the imposition of strict security measures and restrictions on naval passage, has been criticized by the United States and its allies as an act of maritime aggression.
However, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), states have the right to establish a territorial sea, extending up to 12 nautical miles from their coastline, and a contiguous zone, extending up to 24 nautical miles. Under Article 25 of UNCLOS, Iran can exercise jurisdiction over the Hormuz Strait within its 12-mile territorial sea, including the right to regulate maritime traffic and impose security measures to protect its territory.
Furthermore, the Hormuz Strait is also a passage, as defined under Article 38 of UNCLOS, which designates straits used for international navigation. According to Article 45 of UNCLOS, passage through such straits shall be “innocent passage,” implying that ships of all countries can pass through the strait without permission from the coastal state, provided they do not violate the laws and regulations of the coastal state. However, Iran maintains that, as the coastal state, it has the right to regulate maritime passage and impose conditions on foreign vessels, which the international community has accepted as a legitimate exercise of maritime jurisdiction.
Iran’s actions in the Hormuz Strait are consistent with its obligations under Article 21 of UNCLOS, which requires states to take necessary measures to prevent and punish unauthorized acts of terrorism and piracy against ships. The imposition of security measures and restrictions on naval passage can be seen as measures to prevent and punish such acts, consistent with international law.
In conclusion, a closer examination of the applicable international laws and agreements reveals that Iran’s management of the Hormuz Strait is grounded in established maritime jurisdiction principles and does not contravene international law. The West’s perception of Iran’s actions as illicit appears to be based on a misapplication of maritime jurisdiction principles, highlighting the need for greater understanding and clarification of these fundamental concepts.