Transit Passage Rights Under UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and entering into force in 1994, establishes the international legal framework governing the use of oceans. Part III of UNCLOS specifically governs "Straits Used for International Navigation." Under UNCLOS Article 38, all ships and aircraft (civilian and military) enjoy the right of transit passage — the right to freely, continuously, and unobstructedly transit through international straits — which coastal states cannot suspend.
- Transit passage (UNCLOS Part III) differs from "innocent passage" (Part II): innocent passage can be suspended by the coastal state; transit passage cannot.
- UNCLOS allows the coastal state to designate sea lanes and prescribe traffic separation schemes for transit through international straits, but only to promote safe passage — not to restrict it to politically approved vessels.
- Iran signed UNCLOS but has not ratified it, and does not recognise the absolute right of transit passage; instead it asserts the right to regulate transits through its territorial sea.
- Oman is a party to UNCLOS and coordinated the alternative corridor with the IMO precisely on the basis of UNCLOS provisions.
- The US, while not itself a party to UNCLOS, recognises transit passage rights as customary international law.
● Tracked since June 28, 2026 · last seen June 25, 2026 · updates as the daily brief publishes
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