UNCLOS
Transit Passage Regime for International Straits
The United Nations Convention on the Law of the Sea (UNCLOS), 1982 governs the legal regime of straits used for international navigation, such as Hormuz, under Part III (Articles 34-45). This framework is the legal basis on which India and other maritime nations assert the right of ships to pass through such straits without interference, even during regional conflicts.
- Article 38 establishes the right of "transit passage" — continuous and expeditious passage through straits connecting one part of the high seas/EEZ to another — applicable to both merchant and military vessels
- Article 44 provides that transit passage "shall not be suspended" by the bordering states
- Transit passage is distinct from and broader than the "innocent passage" regime that applies in a coastal state's territorial sea more generally
- India ratified UNCLOS in 1995; it is not a party to attacks on shipping but relies on UNCLOS principles when protesting interference with navigation
● Tracked since March 06, 2026 · last seen August 27, 2026 · updates as the daily brief publishes
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