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Strait of Hormuz: Why the US and Iran are sailing in very different legal waters
The dispute centers on whether Iran can restrict or suspend passage, as the strait carries 20% of the world’s oil, experts said.
- The United States and Iran disagree on the legal status of the Strait of Hormuz, with Washington viewing it as an international waterway requiring "transit passage" and Tehran claiming control over its territorial waters.
- Tehran relies on international law predating the United Nations Convention on the Law of the Sea, citing the 1949 Corfu Channel case and the 1958 Territorial Seas Convention to justify its position.
- Although not a signatory to the United Nations Convention on the Law of the Sea, which 171 countries have ratified, the United States argues its "transit passage" concept should apply to the strait.
- The United States asserts its position through regular "Freedom of Navigation" patrols, whereas Iran argues it remains a "persistent objector" exempt from rules it has not formally ratified.
- Legal scholars remain divided on whether "transit passage" constitutes customary international law, leaving the Strait of Hormuz in a precarious deadlock lacking shared commitment for stable resolution.
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40 Articles
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The Independent (US)
US and Iran are sailing in very different legal waters in Strait of Hormuz
The complex military situation and economic disruption are only part of the story of the Strait of Hormuz
·London, United Kingdom
Read Full ArticleIran and the U.S. live in 2 different worlds, law of the sea expert says—and both of those are different from most maritime law
Washington sees the Strait of Hormuz as exclusively an international waterway, whereas Tehran sees it as part of it territorial waters.
·New York, United States
Read Full ArticleStrait Of Hormuz: Why US And Iran Are Sailing In Very Different Legal Waters
For Iran, the Strait of Hormuz is an international strait as set out under international law predating UNCLOS. For the US, the Strait of Hormuz is an international strait requiring "transit passage," as per UNCLOS.
·New Delhi, India
Read Full ArticleCoverage Details
Total News Sources40
Leaning Left9Leaning Right5Center15Last UpdatedBias Distribution52% Center
Bias Distribution
- 52% of the sources are Center
52% Center
L 31%
C 52%
R 17%
Factuality
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