Iran's New Governance on the Strait of Hormuz under International Law

Document Type : State Practice

Author

Department of International law, faculty of law, university of Qom, Iran

10.22091/ijicl.2026.16060.1252

Abstract

The strategic importance of the Strait of Hormuz is such that Marco Rubio, the U.S. Secretary of State, has referred to it as an "economic nuclear weapon." Iran's fury following the U.S.-Israeli "Epic fury" operation led to the blockage of the world's economic artery in Hormuz Strait. Iran's diplomatic apparatus and its leadership emphasize that what is occurring in the Strait of Hormuz is not a closure, but rather the "management of the Strait of Hormuz." Iran's objections to the legal regime governing international straits even make it plausible that "non-suspendable innocent passage" may not apply in the Strait of Hormuz. The prohibition of passage throughout the entire territorial sea exists for unauthorized military vessels, especially vessels linked to a hostile State, and for vessels engaged in non-innocent passage. The levying of transit tolls on goods aboard vessels, or the levying of tolls on the vessels themselves, may be defensible by invoking the doctrine of fundamental change of circumstances. The possible emergence of a particular regional custom could also justify the continued collection of transit tolls. The non-discriminatory levying of charges for all maritime services, including those based on treaties such as COLREG, MARPOL, and SOLAS, is permissible. The collection of compensation may also be possible by invoking the doctrine of countermeasures and, potentially, necessity. Any Iranian action aiming to generate such economic revenues from the Strait of Hormuz on the Omani side would require additional legal justifications, such as designating the area as a "war zone" or designating Oman as a "hostile State" or "co-belligerent." Invoking necessity could also assist Iran in this regard.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 03 June 2026

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