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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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Strait of Hormuz: Why the US and Iran are sailing in very different legal waters

Tehran and Washington look to different rules to govern their conduct in the key choke point.

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The Conversation broke the news in on Tuesday, April 14, 2026.
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