UNCLOS and Transit Passage Rights
The United Nations Convention on the Law of the Sea (UNCLOS, 1982) establishes that straits used for international navigation are subject to the right of "transit passage" — a right that cannot be suspended by the bordering state, unlike the "innocent passage" right in territorial waters. Iran has not ratified UNCLOS but is bound by many of its provisions under customary international law.
- UNCLOS adopted: December 10, 1982; entered into force: November 16, 1994
- Part III (Articles 34–45) governs straits used for international navigation
- Transit passage: applies in straits where both shores are within a state's territorial waters — ships and aircraft may pass continuously and expeditiously; the strait state cannot suspend this right
- Innocent passage: applies in territorial seas; states can suspend for security reasons (not applicable to international straits)
- Iran is NOT a party to UNCLOS; argues it has special sovereign rights over the strait since both shores are its territory or Oman's — it does not recognise the international strait classification
- The US, which also has not ratified UNCLOS but accepts most of it as customary law, insists on freedom of navigation in Hormuz and regularly conducts Freedom of Navigation Operations (FONOPs)
● Tracked since March 12, 2026 · last seen May 18, 2026 · updates as the daily brief publishes
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