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UNCLOS and the Right of Transit Passage

The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982, governs navigation through international straits. Part III of UNCLOS (Articles 34–45) establishes the regime of transit passage specifically for straits used for international navigation, such as the Strait of Hormuz.

Key details
  • Article 37 designates international straits where transit passage applies — including Hormuz, Malacca, Gibraltar, Dover, and Bab-el-Mandeb.
  • Article 38 grants all ships and aircraft the right of continuous and expeditious transit passage through such straits; this right cannot be suspended by the coastal state, unlike innocent passage.
  • Transit passage applies even to submarines (which may remain submerged) and military vessels, unlike innocent passage which may be regulated or temporarily suspended.
  • Iran, though a coastal state, enacted domestic legislation in 1993 requiring prior permission for warships and nuclear-powered vessels — provisions that conflict with UNCLOS.
  • The U.S. has never ratified UNCLOS but operationally upholds transit passage rights through Freedom of Navigation Operations (FONOPs).
In the news

Tracked since March 11, 2026 · last seen June 13, 2026 · updates as the daily brief publishes

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