The Strait of Hormuz is not high-seas international waters; it is an international strait, with shipping lanes located within the territorial waters of Iran and Oman. However, international law (UNCLOS) guarantees the right of "transit passage," allowing vessels and aircraft free, continuous, and expeditious navigation through the area.Better World Campaign +3Key details regarding its legal status:
- Territorial Control: The strait is less than
24nmiwide, meaning the 12-nmi territorial seas of Iran and Oman overlap.- Transit Passage vs. Innocent Passage: While Iran historically argues that non-ratifying nations only have "innocent passage" (which can be restricted), most nations, including the US, adhere to the UNCLOS right of "transit passage," which is less restrictive
.Strategic Importance: It is a vital global chokepoint, with about 20% of global oil/gas flowing through it.Contested Access: In 2026, the US, under a "freedom of navigation" posture, countered Iranian efforts to seize ships and demand tolls, asserting the route must remain open.EJIL: Talk! +5
Even in conflict, UNCLOS asserts that transit passage rights in these corridors cannot be suspended.
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