The Strait of Hormuz after the Ramadan War: Iran's Legal Position and the International Law of the Sea

The Strait of Hormuz is one of the world’s most important international waterways, playing a pivotal role in global energy transportation and international trade. Its geopolitical and legal significance has drawn particular attention to the application of different regimes under the law of the sea, especially the regime of transit passage. This study examines the legal position of the Islamic Republic of Iran in the Strait of Hormuz in light of the rules of international law of the sea, the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), and Iran’s official positions. It also analyses the possibility of levying charges for maritime services within the framework of international law of the sea. Although the regime of transit passage safeguards freedom of navigation through international straits, coastal States retain certain regulatory powers concerning navigational safety, traffic management, and the protection of the marine environment. Furthermore, international legal scholarship distinguishes between transit tolls and charges for services actually rendered. The latter may be permissible under international law, provided that the applicable legal principles are respected and the charges are proportionate to the services provided. The distinction adopted in this article is a qualified one: the existence of a maritime service does not, by itself, establish a right to make payment a condition of passage. The legal basis for the charge, its connection to an identifiable service and its effects upon navigation must be independently assessed.