Maritime Law - Law of the Sea - Maritime Transport - International Trade:The Strait of Hormuz, between freedom of navigation, maritime security and international law

By Jean-Désiré Groguhé, Ph.D. Maritime Law Consultant, Transport and International Trade expert.

Whenever tensions escalate in the Middle East, the Strait of Hormuz once again becomes the focus of international attention. While the media primarily emphasize the geopolitical and military dimensions of this strategic maritime corridor, the legal and commercial implications of such crises deserve equal attention from maritime transport professionals.

Situated between the Islamic Republic of Iran and the Sultanate of Oman, the Strait of Hormuz is the only maritime passage linking the Persian Gulf to the Gulf of Oman, which in turn opens onto the Indian Ocean. Every day, hundreds of vessels transit through the Strait, transporting crude oil, petroleum products, chemicals, general cargo and other strategic commodities destined for major global markets.

This exceptional concentration of maritime trade makes the Strait of Hormuz one of the world’s most critical maritime "chokepoints"- one of the most significant strategic bottlenecks for international navigation. Consequently, any threat to freedom of navigation is likely to have immediate repercussions on shipping costs, marine insurance premiums, energy markets and, more broadly, global supply chains.

What legal regime governs this international strait, and what are the implications for stakeholders in the maritime transport industry?

1. The Applicable Legal Regime

From a legal perspective, the Strait of Hormuz is governed by the regime applicable to straits used for international navigation under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) ¹*.

This regime establishes the principle of transit passage, which guarantees ships and aircraft the right of continuous and expeditious transit between one part of the high seas or an exclusive economic zone and another.

Unlike innocent passage, which applies within the territorial sea²*, transit passage may not, in principle, be suspended by the bordering States.

This distinction is fundamental, as it reflects the international community’s determination to preserve the uninterrupted flow of global maritime trade.

In practice, however, the effective exercise of this freedom depends largely on the prevailing security environment. Military tensions, naval operations, attacks against merchant vessels, and economic sanctions may significantly impede the exercise of transit passage, even without any formal legal closure of the Strait.

2. What Are the Consequences for Maritime Transport Stakeholders?

For shipowners, the consequences are immediate: increased War Risks insurance premiums, route adjustments, enhanced onboard security measures and higher operating costs.

Charterers, for their part, must deal with voyage delays, increased freight rates, possible route deviations and the application of contractual provisions relating to war risks.

Freight forwarders, transport intermediaries and cargo owners likewise face increasingly complex obligations. Documentary compliance, adherence to delivery schedules, customer information requirements and proactive risk management become essential components of securing international commercial operations.

Marine insurers, meanwhile, are required to continuously reassess their exposure to evolving risks, with direct consequences for insurance premiums and coverage conditions.

3. A Perfect Illustration of the Role of Maritime Law

The Strait of Hormuz clearly demonstrates that maritime law extends far beyond the technical regulation of navigation. It constitutes a fundamental legal framework governing international trade by balancing the sovereignty of coastal States with the necessity of preserving freedom of navigation.

Recent crises nevertheless illustrate that law alone cannot always guarantee legal certainty in international trade. Its effectiveness remains closely linked to respect for international law, cooperation among States and geopolitical stability.

From a strictly Maritime Legal and Professional perspective, what conclusions can be drawn?

The Strait of Hormuz will undoubtedly remain, in the years ahead, a key observatory for the evolution of international maritime law. More than a mere maritime passage, it serves as a powerful illustration of the constant interaction between law, economics, diplomacy and international security.

For maritime transport professionals, this reality highlights the growing importance of mastering legal rules, contractual mechanisms and risk management tools in an environment where the security of international trade can no longer be taken for granted.

Ultimately, the recurring crises in the Strait of Hormuz raise a fundamental question: Is the international law of the sea -developed in a context of inter-State cooperation till fully adapted to today’s evolving geopolitical tensions and the asymmetric threats facing international commercial navigation?

Leave your comments below.

**************

1. The United Nations Convention on the Law of the Sea (UNCLOS), signed at Montego Bay in 1982, is often referred to as the “Constitution for the Oceans.” It establishes the rights and obligations of States concerning the use of maritime spaces, navigation, exploitation of marine resources and protection of the marine environment.

2. Innocent passage (Articles 17–32 of UNCLOS) is the right enjoyed by ships of all States to navigate through the territorial sea of another State, provided that such passage is continuous and expeditious and is not prejudicial to the peace, good order or security of the coastal State.