Freedom of Navigation through the Strait of Hormuz: A Legal Analysis under the International Law of the Sea

Abstract

The Strait of Hormuz is amongst the most crucial international waterways, connecting the Persian Gulf to the rest of the world, upon which a significant part of the world's economy thrives. In recent years, the Strait of Hormuz, a choke point for the world economy, has been triggered by the prevailing escalation between Iran and the USA, attributable to which free navigation under the principle of innocent passage and transit passage given under the International Law of the Sea is repeatedly being impeded. The International Law of the Sea is unable to address the issue of the blockade of the Strait of Hormuz because of technicalities of the enforcement mechanism during the International Armed Conflict.  There is an absence of mandatory measures regulating free navigation, along with the security claims of coastal states, in a balanced way when some states have not ratified the conventions related to the International Law of the Sea. While the existing literature has focused on the legal status and applicable legal regimes to the Strait of Hormuz provided in the International Law of the Sea, no attention has been given to a comprehensive legal framework so that all states are prevented from creating hegemony over the strait. Conversely, the study focuses on urging international bodies to make a comprehensive, binding legal framework that may restrict states from gaining entire control of the strait unilaterally. Moreover, the research critically examines the historical status of the Strait of Hormuz and comparative practices of other straits. It is evaluated that each state has shared interests in the Strait of Hormuz, aiming to strengthen its own economy. Moreover, the study reveals several technical and legal problems related to the issue; hence, the study concludes by giving several recommendations for terminating these problems through proper legal authority, interpretive guidance and swift solutions.