After the conclusion of a last-minute truce on Tuesday, April 7 between Iran and the United States, recent statements from the Revolutionary Guards about the passage of the Strait of Hormuz raise concerns about the failure of the negotiations. Iranian leaders have announced plans to charge for passage through the strait. Additionally, the American president has also stated that a plan to impose tolls in partnership with Tehran is being studied, according to the American network ABC.
Iranian media have also indicated that passage should now be through a different route than usual to avoid potential collisions with mines, in coordination with the Revolutionary Guards’ navy. “Until further notice, (ships) must take alternative routes for traffic in the Strait of Hormuz,” reported Iranian media, citing a military statement accompanied by a maritime map showing routes south and north of Larak Island. To enter the Gulf from the Sea of Oman, ships must pass between the Iranian coast and Larak Island, a passage located in Iranian territorial waters.
Context: Iran and the US are considering new approaches to the passage of the Strait of Hormuz, a critical maritime route in international relations.
Fact Check: The Strait of Hormuz is indeed a vital shipping route for oil and gas, with approximately 20% of the world’s oil passing through it.
An Initiative Contrary to International Law of the Sea
Currently governed by the 1982 Montego Bay Convention and previously by several conventions dating back to the 17th century, international law of the sea is a cornerstone of international law. As such, the principle of freedom of navigation is upheld, as well as the right of innocent passage through straits. “The Montego Bay Convention excludes the possibility of charging for maritime passage; one of the few exceptions is to charge for services to pass through a strait, but it does not allow deviation from the basic principle,” explained Gaëtan Balan, a senior lecturer at the Catholic University of Lyon and a specialist in maritime law.
While maritime law is widely respected by different states, demanding payment for passage through the Strait of Hormuz could have major consequences. “If this goes through and indeed if the power dynamics are such that a toll is imposed, it would mark the end of four centuries of international law history,” noted Sylvain Domergue, a geopolitics lecturer at Sciences Po Bordeaux.
For smooth translation of the rest of the content, please resubmit the remaining part.
