The Legality Of Closing The Strait Of Hormuz Under International Maritime Law: An Analysis Of Transit Passage Rights And State Security Interests

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Isak S, LL.M., University of Madras, Department of Legal Studies

ABSTRACT

The Strait of Hormuz is one of the most important maritime chokepoints in the world. It connects the Persian Gulf with the Gulf of Oman and serves as a major route for the transportation of oil and natural gas to international markets. Because of its strategic location, any threat to close the Strait has serious consequences for global trade, energy security, and international peace. In recent years, Iran has repeatedly threatened to close the Strait of Hormuz in response to political tensions, economic sanctions, and military activities in the region. These developments have raised important legal questions regarding whether a coastal state can lawfully close an international strait that is used for global navigation.

This paper examines the legality of closing the Strait of Hormuz under international maritime law. It focuses on the principles of transit passage, freedom of navigation, state sovereignty, and national security. The paper analyses the legal framework established under customary international law and the United Nations Convention on the Law of the Sea (UNCLOS). It argues that although coastal states possess sovereignty over their territorial waters, such sovereignty is not unlimited and cannot be exercised in a manner that completely restricts navigation through an international strait.

The study concludes that a unilateral closure of the Strait of Hormuz would be inconsistent with international maritime law and contrary to the doctrine of transit passage. It further argues that maintaining open navigation through the Strait is essential for global economic stability and the preservation of the international maritime order.

Keywords: Strait of Hormuz, UNCLOS, Transit Passage, International Maritime Law, Freedom of Navigation, State Sovereignty, Energy Security.

301. THE LEGALITY OF CLOSING THE STRAIT OF HORMUZ UNDER INTERNATIONAL MARITIME LAW- AN ANA

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