Iran to charge fee for using the Strait of Hormuz: What international law says, Pg22

Key Highlights:

• Iran plans to impose navigation and environmental protection fees for vessels transiting the Strait of Hormuz.
• This action raises questions regarding its compliance with international maritime law, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
• The Strait of Hormuz is a critical global chokepoint, with approximately 20% of the world's crude oil and a significant portion of liquefied natural gas passing through it.
• Iran, which signed but never ratified UNCLOS, asserts that the convention's provisions on transit passage do not constitute customary international law for it.
• Iran invokes the "persistent objector" argument, citing its 1993 Law of Marine areas of the Islamic Republic of Iran in the Persian Gulf and Oman Sea.

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Detailed Insights:

• The Strait of Hormuz connects the Persian Gulf with the Gulf of Oman and the Arabian Sea, making it vital for global energy security.
• UNCLOS Articles 37 to 44 establish the "right of transit passage" for international straits, ensuring continuous and unimpeded navigation.
• The Corfu Channel case (1949) affirmed that ships have unrestricted passage through international straits during peacetime, provided it does not threaten coastal state security.
• Iran argues that the "right of innocent passage" applies, which allows coastal states to deny passage if it prejudices their peace, good order, or security.
• Unlike the Suez and Panama canals, which are artificial and governed by specific treaties, the Strait of Hormuz is a natural waterway.
• Iran's 1993 legislation requires prior authorization for warships and vessels carrying harmful substances, which could include commercial oil tankers.
• The "persistent objector" rule allows a state to be exempt from a norm of customary international law if it consistently objected to it during its formation.

Key Concepts Involved:

• Strait of Hormuz: A narrow, strategically vital waterway connecting the Persian Gulf to the Arabian Sea, crucial for global oil and gas transit.
• United Nations Convention on the Law of the Sea (UNCLOS): An international treaty establishing a legal framework for all marine and maritime activities.
• Right of Transit Passage: The right of all ships and aircraft to unimpeded navigation and overflight through international straits for continuous and expeditious transit.
• Right of Innocent Passage: The right of foreign vessels to navigate through a coastal state's territorial sea, provided it is not prejudicial to the peace, good order, or security of that state.
• Customary International Law: International legal obligations arising from established state practices followed out of a sense of legal obligation, binding on all states.
• Persistent Objector: A doctrine in international law allowing a state to be exempt from a norm of customary international law if it consistently objected to it from its inception.