The Chokepoint With a Contested Legal Status
TEHRAN, July 12 — For centuries, the narrow waterway that separates Iran from the Musandam Peninsula has served as the only maritime passage from the Persian Gulf to the open ocean. Known as the Strait of Hormuz, this strategically vital channel derives its name from uncertain origins–some scholars link it to a Persian phrase meaning “Place of Dates,” others to a Zoroastrian deity, a fourth-century Persian king’s mother, or the Greek word for cove or bay.
What is not in question is its role as a global trade artery: roughly a fifth of the world’s oil passes through the strait every day, making it the lifeline for Qatar, Bahrain, Kuwait, Iraq, and the United Arab Emirates. Any disruption to shipping there can cause severe supply shortages, and the effects would ripple across global energy markets instantly. The strait’s modern history has been marked by periodic tensions.
Even during Middle East conflicts, it remained open for long stretches–rarely closed for extended periods–until the 2026 Iran war led to what is now called the 2026 Strait of Hormuz crisis. Iran has periodically threatened to shut the passage, and preparations to mine it have been reported.
But the legal framework governing the waterway is clear on paper, even as its enforcement remains uncertain.
What International Law Requires–and Iran’s Ambiguous Position
The United Nations Convention on the Law of the Sea (UNCLOS) sets the rules for maritime navigation. Iran signed the treaty in 1982 but never ratified it, creating a situation where it acknowledges the rules without formally binding itself to them. That legal gray area allows Tehran to argue it is not fully obligated, even as it benefits from the stability the rules provide.
Under UNCLOS Articles 37 and 38, all ships enjoy “transit passage” through international straits–a principle akin to a public highway that cannot be closed by a town it runs through. Vessels cannot be impeded or blocked from passing.
Iran claims territorial waters extending 12 nautical miles from its coast; in the narrow Strait of Hormuz, those claims overlap with Oman’s territorial waters. International law places strict limits on what coastal states can do to restrict shipping, even within their claimed waters. Despite this, Iran has a history of asserting the right to inspect ships for what it calls “security reasons.” Iranian officials have also threatened to close the strait entirely in response to sanctions. Both moves directly violate UNCLOS rules.
The International Court of Justice weighed in on the issue in 2018, ruling in the Oil Platforms case between Iran and the United States that Iran must not interfere with freedom of navigation. That decision is legally binding–not merely advisory.
Enforcement Reality and the U.S. Response
The practical upshot is that while the legal framework is clear, enforcement presents a fundamental problem. The ICJ can issue rulings, but it has no army to enforce them.
That weakness is the central challenge of the system. The United States responds to such excessive maritime claims through deliberate Freedom of Navigation Operations (FONOPs), in which U.S. warships transit contested waters to demonstrate that international law, not unilateral claims, governs the sea lanes. These missions challenge Iran’s assertions directly.
Closing the strait would be a direct violation of UNCLOS, and international legal action would follow. But enforcement remains in question.
A first-century mariner’s guide, the Periplus of the Erythraean Sea, described the entrance to the Persian Gulf and noted pearl-diving in the area, underscoring how long this passage has been central to regional life. Today, any Iranian attempt to inspect or block shipping will trigger immediate diplomatic and potentially military responses. The U.S. continues its FONOP missions in the region, and the legal framework stands clear. The question that remains unanswered is whether anyone can enforce it.
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