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

Abstract

The strategic importance of the Strait of Hormuz is such that Marco Rubio, the U.S. Secretary ofState, has referred to it as an “economic nuclear weapon.” Iran’s fury following the U.S.-Israeli “Epic Fury” operation led to the blockade of the world’s economic artery in the Strait of Hormuz.Iran’s diplomatic apparatus and its leadership emphasize that what is occurring in the Strait ofHormuz is not a closure, but rather the “management of the Strait of Hormuz.” The questionis whether international law provides any legal grounds for defending Iran’s new governanceframework over the Strait of Hormuz. Descriptive and analytical assessments demonstrate thatthere are some legal justifications for Iranian practice in the Strait of Hormuz. Iran’s objectionsto the legal regime governing international straits even make it plausible that “non-suspendableinnocent passage” may not apply in the Strait of Hormuz. The prohibition on passage throughoutthe entire territorial sea applies to unauthorized military vessels, especially those linked to ahostile State, and to vessels engaged in non-innocent passage. The levying of transit tolls ongoods aboard vessels, or on the vessels themselves, may be defensible by invoking the doctrineof fundamental change of circumstances. The possible emergence of a particular regionalcustom could also justify the continued collection of transit tolls. The non-discriminatorylevying of charges for all maritime services, including those based on treaties such as COLREG,MARPOL, and SOLAS, is permissible. Compensation may also be collected by invoking thedoctrine of countermeasures and, potentially, the doctrine of necessity. Any Iranian action aimedat generating such economic revenue from the Strait of Hormuz on the Omani side would requireadditional legal justifications, such as designating the area as a “war zone” or designating Omanas 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
Volume 4, Issue 1
June 2026
Pages 265-272

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