Introduction:-
•Rising tensions in the Strait of Hormuz have raised concerns over freedom of navigation and legality of blockades/interceptions.
•The issue is governed by international maritime law under the United Nations Convention on the Law of the Sea.
Core Principles of International Waters (UNCLOS)
Global Commons Principle
•Oceans beyond national jurisdiction are shared by all states.
Freedom of Navigation
•All states enjoy the right to sail ships on the high seas without interference.
Limited Jurisdiction
•No single state can claim sovereignty over high seas.
Key Maritime Zones:-
- Territorial Sea (up to 12 nautical miles)
-Full sovereignty of the coastal state.
-Right of “innocent passage” for foreign vessels.
-Contiguous Zone (up to 24 nautical miles)
-Limited enforcement rights for customs, taxation, immigration, and sanitation laws. - Exclusive Economic Zone (EEZ) (up to 200 nautical miles)
-Coastal state has rights over resources, not full sovereignty. - International Straits:-
-Governed by “transit passage”.
-Guarantees continuous and unobstructed navigation.
Strait of Hormuz: Legal Position:-
•Located between Iran and Oman; a vital global energy chokepoint.
•Recognised as an international strait under UNCLOS.
Legal Implications
-Transit passage cannot be suspended.
-Coastal states must not hamper passage.
Permissible Regulations
-Navigation safety rules.
-Pollution control measures.
-Compliance with international shipping standards.
Legality of External Actions (e.g., U.S.)
-Sanctions and Vessel Interceptions
-Often based on domestic legal frameworks.
-Lack universal legitimacy without UN backing.
- Permissible Under International Law Only When Authorised by the United Nations Security Council.
- In cases like piracy (universal jurisdiction).
- With consent of the ship’s flag state.
- Unilateral interdictions risk violating freedom of navigation.
Iran’s Rights and Constraints
- Permitted Actions
- Enforce navigational safety.
Regulate environmental standards. - Prohibited Actions
- Blocking or restricting transit passage.
- Arbitrary detention of vessels.
- Levying transit fees.
Role of International Institutions:-
-International Maritime Organization (IMO)
-Sets global shipping standards.
-Promotes maritime safety and cooperation.
-United Nations Security Council
-Can legitimise enforcement measures.
-Addresses threats to international peace.
India’s Perspective
- Heavily dependent on energy imports through the Strait of Hormuz.
- Advocates freedom of navigation and adherence to international law.
- Maintains strategic autonomy and balanced diplomacy in the region.
Conclusion:-
- Governance of international waters rests on rule-based legal norms, not unilateral assertions of power.
Securing uninterrupted navigation through critical chokepoints like the Strait of Hormuz is essential for global trade and energy stability.