Coastal State Sovereignty vs. Freedom of Navigation in International Straits: A Case Study of the Strait of Hormuz

Abstract

This research undertakes a study and analysis of the legal regime governing international straits under public international law, with a specific focus on the Strait of Hormuz as a case study, given its paramount geostrategic and economic significance. The study aims to elucidate the balance established by international law and relevant conventions—particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS)—between the rights of riparian states to protect their sovereignty and security, and the international community's right to ensure the freedom and continuity of maritime navigation through the regimes of "transit passage" and "innocent passage." The research discusses the legal challenges arising from the divergent positions between the riparian states of the Strait of Hormuz (Sultanate of Oman and the Islamic Republic of Iran) and the states utilizing it. The study concludes that the Strait of Hormuz is subject to the provisions of international treaties and customary international law, which mandate the continuity of international navigation and prohibit obstruction of passage, notwithstanding the legislative reservations of some riparian states. The research emphasizes the necessity of joint coordination to ensure global energy security and protect the marine environment.