The Strait of Hormuz is a vital global energy corridor through which nearly one-fifth of the world’s oil and significant LNG volumes pass daily. Any disruption directly impacts global energy prices and major economies, making the Strait a critical geopolitical leverage point for Iran.
Research Rationale and Objectives
Iran’s confrontation with the U.S.-led order is a strategic struggle over sovereignty and regional position rather than a purely nuclear dispute. Rising military threats and sanctions have increased the importance of shifting toward active maritime deterrence, requiring careful legal and strategic evaluation of available options.
Legal Dispute over the Transit Regime in the Strait of Hormuz
While UNCLOS (1982) introduced the transit passage regime, Iran—having not ratified the Convention—rejects its customary status and considers itself a persistent objector. Tehran maintains that innocent passage governs the Strait of Hormuz and may be restricted under wartime conditions.
Executable Legal Measures During Armed Conflict
Under the law of naval warfare, which remains largely customary, Iran possesses several legally grounded options during wartime:
- Security Fees for Maritime Protection: While general transit fees are prohibited, charges may be justified for specific services such as security provision, subject to sanctions-related constraints.
- Inspection of Commercial Vessels: Wartime inspection to prevent assistance to enemy states is a recognized and widely practiced right.
- Targeted Detention in Territorial Waters: Iran may deem certain passages non-innocent within its territorial waters and conduct inspections or detentions accordingly.
- Naval Blockade: Iran can indirectly enforce a blockade by restricting access to vessels and companies cooperating with hostile states.
- Suspension of Innocent Passage: Under Article 25 of UNCLOS and Iranian maritime law, innocent passage may be temporarily suspended for security reasons.
Strategic Value of Active Engagement
Graduated and controlled activation of these legal capacities can transfer the costs of conflict to energy-dependent Western economies, deter regional cooperation with hostile powers, and enhance Iran’s overall deterrence posture. A phased approach—from indirect disruption to potential full closure—maximizes leverage while managing escalation risks.
This study was conducted at Moqavemati Economy Think Tank by Reza Sohrabi, and Mohammad Ghaed Amini in 2026.
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