Charging for Hormuz

Iran is seeking to assert greater control over maritime traffic in the Strait of Hormuz by introducing a new 'smart management' system that includes charging passage fees for vessels. This initiative aims to recalibrate Iran's authority over this critical international waterway.

The legal framework for passage through international straits is primarily governed by the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS establishes two main regimes: innocent passage, which is passage not prejudicial to the peace, good order, or security of the coastal state, and transit passage, which grants broader rights and cannot be suspended by the coastal state. Iran's actions appear to be based on its interpretation of these regimes, particularly the concept of innocent passage within its territorial waters.

Iran's newly established Persian Gulf Strait Authority mandates that vessels obtain transit authorization, provide cargo details, and pay fees before entering the Strait of Hormuz. While Iran signed UNCLOS in 1982, it has never ratified the convention. This non-ratification could affect the enforceability of certain UNCLOS provisions concerning Iran's obligations.

The article notes that Iran might argue the Strait of Hormuz falls under a special category of straits, potentially allowing it to temporarily suspend innocent passage for foreign ships in specific areas of its territorial sea if deemed essential for its security, provided due notice is given. However, the transit-passage regime, applicable to straits connecting high seas or EEZs, grants more extensive rights, including overflight for aircraft and submerged transit for submarines, and prohibits suspension by coastal states. The implications of Iran's new regulations on international shipping and maritime law remain a significant point of discussion.