Navigating a Critical Issue: The Legal Status of the Strait of Hormuz in International Law

The Strait of Hormuz connects the Persian Gulf with the Gulf of Oman and is indispensable to international energy trade. Its legal status remains contested because Iran signed but did not ratify the 1982 United Nations Convention on the Law of the Sea (UNCLOS), while Oman is a party. This article examines three questions: the treaty and customary rules governing passage; the rights and duties of coastal, belligerent, and neutral states during armed conflict; and the implications for maritime security and economic stability. Using doctrinal legal analysis, the article examines UNCLOS Part III, the 1958 Geneva Convention, the Corfu Channel judgment, the 1994 San Remo Manual, and documented state practice in Hormuz and comparable waterways. It argues that Iran’s 1982 declaration is relevant to, but does not conclusively establish, persistent-objector status, and that the customary minimum of non-suspendable innocent passage cannot simply be displaced by unilateral security claims. The transit-passage regime affords additional rights whose customary reach requires careful evaluation. The analysis distinguishes lawful navigation-safety and pollution controls from discriminatory tolls, indiscriminate interdiction, and closure, while recognizing the jurisdictional limits of UNCLOS dispute settlement vis-à-vis non-parties. It concludes that cooperative incident management, evidence-based restraint, and enforceable environmental safeguards provide a more legally defensible policy response than unilateral restrictions on international navigation.

Authors

Institutions

Publication Details

Journal
Unnes Law Journal
Published
2026-10-30
DOI
https://doi.org/10.15294/ulj.v12i1.48098
Primary Topic
International Maritime Law Issues
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Navigating a Critical Issue: The Legal Status of the Strait of Hormuz in International Law

Muhammad Siddiq Armia, Siti Malahayati, Badri Hasan Sulaiman, Emk Alidar et al.
Unnes Law Journal
International Maritime Law Issues
article

Navigating a Critical Issue: The Legal Status of the Strait of Hormuz in International Law

Muhammad Siddiq Armia, Siti Malahayati, Badri Hasan Sulaiman, Emk Alidar, Chairul Fahmi
article en

Abstract

The Strait of Hormuz connects the Persian Gulf with the Gulf of Oman and is indispensable to international energy trade. Its legal status remains contested because Iran signed but did not ratify the 1982 United Nations Convention on the Law of the Sea (UNCLOS), while Oman is a party. This article examines three questions: the treaty and customary rules governing passage; the rights and duties of coastal, belligerent, and neutral states during armed conflict; and the implications for maritime security and economic stability. Using doctrinal legal analysis, the article examines UNCLOS Part III, the 1958 Geneva Convention, the Corfu Channel judgment, the 1994 San Remo Manual, and documented state practice in Hormuz and comparable waterways. It argues that Iran’s 1982 declaration is relevant to, but does not conclusively establish, persistent-objector status, and that the customary minimum of non-suspendable innocent passage cannot simply be displaced by unilateral security claims. The transit-passage regime affords additional rights whose customary reach requires careful evaluation. The analysis distinguishes lawful navigation-safety and pollution controls from discriminatory tolls, indiscriminate interdiction, and closure, while recognizing the jurisdictional limits of UNCLOS dispute settlement vis-à-vis non-parties. It concludes that cooperative incident management, evidence-based restraint, and enforceable environmental safeguards provide a more legally defensible policy response than unilateral restrictions on international navigation.

Unnes Law JournalVol. 12(1)
Malikussaleh University (ID), Universitas Islam Negeri Ar-Raniry (ID)
Peace, justice, and strong institutions
Openalex Percentile: Top 9%
International Maritime Law Issues
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon
Navigating a Critical Issue: The Legal Status of the Strait of Hormuz in International Law — Muhammad Siddiq Armia, Siti Malahayati, et al. · Unnes Law Journal (2026) | TGRS Research Map | TGRS