UNCLOS Ensures Freedom Of Navigation In Hormuz – OpEd
International Law Trumps Power Politics — The stability of the Strait of Hormuz relies primarily on the legal regime of transit passage (under UNCLOS/customary law), which limits even major powers (US, China, Iran) from unilaterally controlling or restricting navigation, maintaining it as a global commons.
Great Power Rivalry with Constraints — The US and China are both increasing naval presence and influence in the area, but are bound by transit passage rules. China faces a tension between its energy needs and its partnership with Iran, while the US balances freedom of navigation operations with avoiding excessive escalation.
Need for Multilateral Solutions — To manage risks of miscalculation and incidents, the article calls for stronger UNCLOS compliance, coordinated maritime patrols, confidence-building measures, and multilateral cooperation among stakeholders (including middle powers like India and Japan).
The stability of the Strait of Hormuz as a vital maritime transit route for trade between East and West critically depends on the international legal principle of transit passage, which seeks to guarantee stable maritime relations between the U.S. and China in a growing and highly competitive environment for naval power projects. The fact that such a strategic maritime chokepoint functions as the Strait of Hormuz continues to function as a global commons for all and serves as the vital energy transit route between the Persian Gulf and Northeast Asia, despite of increasing geopolitical rivalry between major powers, owes a great deal to the fact that, while naval power projects by great powers may influence the environment in and around the Strait of Hormuz, transit passage under UNCLOS strictly limits any attempt at unilateral control of the strait.
These actions by both the U.S. and China influence the Strait of Hormuz; however, transit passage under Article 38 of UNCLOS takes........
