The Application of the Transit Passage Regime in Straits Used for International Navigation: A Study of the Strait of Hormuz

Abstract

The Strait of Hormuz is of great importance as it is the gateway for the Gulf States maritime activities and in particular their oil and liquified natural gas exports to the rest of the world. About one fifth of the global oil supply passes through the Strait. Thus, the Strait is a potential source of violent conflict, and this was evident during the Iran-Iraq war in the 1980s. Therefore, the significance of establishing a sustainable and peaceful legal framework for navigating through such straits cannot be over-emphasised. This study examines the applicable transit passage regime in straits used for international navigation, with a special focus on the Strait of Hormuz. Most straits used for international navigation, which are choke points, are prone to generating conflicts and the Strait of Hormuz is a notable example. There are competing claims on the applicable legal regime of passage through the Strait among some stakeholders in the use of the Strait including notably Iran, the United States, and Oman. The problem of the rights of passage through the Strait is of paramount importance for the Middle East States, since its unresolved issues may result in conflicts. Considering the strategic importance of the Strait for international trade and security, resolving the competing claims on the applicable legal regime is in the interest of user States and, indeed, the entire international community. This research is a critical examination of applicable transit passage regime for instituting a peaceful and sustainable passage through the Strait of Hormuz. This thesis adopts a formalist, doctrinal approach, to set out the need for a sustainable regime of passage through the Strait. The issue of transit passage through this strait gains’ greater significance in light of Iran’s repeated threats to block the passageway. Hence, the significance of establishing a sustainable and peaceful legal framework for navigating through such straits cannot be over-emphasised. Yet, the critical issue of the legal regime of the Strait of Hormuz remains largely under-researched. Despite its relevance to coastal States, there appears to be a lack of contemporary research on this issue, either in English or in Arabic. There is a gap in literature/scholarship and this thesis addresses this gap and makes a scholarly contribution. This thesis aims to provide a comprehensive analysis of the legal regulation of the transit passage through the Strait of Hormuz. Considering the strategic importance of the Strait for international trade, finding solutions for the problem is in the interest of other States and of the entire international community. The research shall be practically important for the national authorities, politicians, economic decision-makers, as well as for the scholars working over the problem of legal regime of transit passage through international straits.