مAfter the allegation by the President and the Minister of Foreign Affairs of the United States regarding the international nature of the Strait of Hormuz and accusing Iran of extorting global commerce, it is worth investigating this proposition:
️ Under what authority can Iran collect transit fees from the Strait of Hormuz?
According to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the preeminent international instrument in this domain, three principal maritime zones are established for each coastal State:
Territorial Waters: Up to 12 nautical miles from the baseline, the coastal state exercises full sovereignty. Foreign vessels have the right of innocent passage only, meaning they must pass through the area without stopping, conducting military maneuvers, or engaging in any non-peaceful activities. Contiguous Zone: From 12 to 24 nautical miles, the coastal state cannot obstruct passage but is permitted to intervene to prevent violations of customs, fiscal, sanitary, or immigration laws. This zone acts as a buffer, reinforcing the territorial waters. Exclusive Economic Zone (EEZ): Up to 200 nautical miles, the coastal state holds sovereign rights for the exploration and exploitation of natural resources, from oil and gas to fishing and energy production. However, vessels and aircraft of other states enjoy freedom of navigation and overflight, and the coastal state cannot impede their military or commercial passage.
️ The Strait of HurmuzThe Strait of Hormuz, at it's narrowest point, has a width equivalent to 21 nautical miles. Since the territorial waters of Iran and Oman each extend up to 12 nautical miles, the combined width of these two zones reaches 24 nautical miles, exceeding the total width of the strait. Consequently, a complete overlap of the territorial waters of both countries occurs, leaving no part of the strait as “international waters.”
Based on this, the Strait of Hormuz is solely a strait used for international navigation; however, it is entirely situated within the territorial waters of Iran and Oman. This situation fundamentally differs from wider straits like the Strait of Malacca in Southeast Asia, which exceeds 24 nautical miles in width and possesses a corridor of high seas in its center.
The 1982 Convention anticipates a transit regime for straits located within territorial waters but with a width less than 24 nautical miles, which grants greater freedom of movement to ships. Nevertheless, the Islamic Republic of Iran has not ratified this convention. Its historical reasons date back to the Geneva Conference in 1958, where the Iranian representative, with numerous criticisms of the convention’s articles, prevented its ratification by the parliament at that time. Consequently, from a legal perspective, Iran is not obligated to adhere to the transit passage regime and can establish regulations based on its sovereignty over its territorial waters.
On this basis, Iran can impose various charges related to the passage of ships:
️ Under what authority can Iran collect transit fees from the Strait of Hormuz?According to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the preeminent international instrument in this domain, three principal maritime zones are established for each coastal State:
Territorial Waters: Up to 12 nautical miles from the baseline, the coastal state exercises full sovereignty. Foreign vessels have the right of innocent passage only, meaning they must pass through the area without stopping, conducting military maneuvers, or engaging in any non-peaceful activities. Contiguous Zone: From 12 to 24 nautical miles, the coastal state cannot obstruct passage but is permitted to intervene to prevent violations of customs, fiscal, sanitary, or immigration laws. This zone acts as a buffer, reinforcing the territorial waters. Exclusive Economic Zone (EEZ): Up to 200 nautical miles, the coastal state holds sovereign rights for the exploration and exploitation of natural resources, from oil and gas to fishing and energy production. However, vessels and aircraft of other states enjoy freedom of navigation and overflight, and the coastal state cannot impede their military or commercial passage.️ The Strait of HurmuzThe Strait of Hormuz, at it's narrowest point, has a width equivalent to 21 nautical miles. Since the territorial waters of Iran and Oman each extend up to 12 nautical miles, the combined width of these two zones reaches 24 nautical miles, exceeding the total width of the strait. Consequently, a complete overlap of the territorial waters of both countries occurs, leaving no part of the strait as “international waters.”Based on this, the Strait of Hormuz is solely a strait used for international navigation; however, it is entirely situated within the territorial waters of Iran and Oman. This situation fundamentally differs from wider straits like the Strait of Malacca in Southeast Asia, which exceeds 24 nautical miles in width and possesses a corridor of high seas in its center.
The 1982 Convention anticipates a transit regime for straits located within territorial waters but with a width less than 24 nautical miles, which grants greater freedom of movement to ships. Nevertheless, the Islamic Republic of Iran has not ratified this convention. Its historical reasons date back to the Geneva Conference in 1958, where the Iranian representative, with numerous criticisms of the convention’s articles, prevented its ratification by the parliament at that time. Consequently, from a legal perspective, Iran is not obligated to adhere to the transit passage regime and can establish regulations based on its sovereignty over its territorial waters.
On this basis, Iran can impose various charges related to the passage of ships:
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