Context:
Iran has reportedly proposed charging vessels for passage through the Strait of Hormuz after reopening it to maritime traffic. This raises questions regarding freedom of navigation, transit passage and Iran’s authority under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS).
Explanation:
- The Strait of Hormuz connects the Persian Gulf with the Gulf of Oman and the Arabian Sea and is a major route for global oil and LNG shipments.
- It lies between the territorial waters of Iran and Oman and is classified as a strait used for international navigation.
- UNCLOS, 1982 grants ships and aircraft the right of transit passage, involving continuous and expeditious navigation or overflight.
- Transit passage generally cannot be suspended by coastal States, even on security grounds.
- It differs from innocent passage, which applies mainly through territorial seas and may be temporarily suspended under limited conditions.
- Coastal States may regulate navigation safety, pollution control and customs, but cannot ordinarily impose charges merely for passage.
- Charges may be collected only for specific services rendered, such as pilotage or navigational assistance.
- Iran has signed but not ratified UNCLOS; however, many navigation principles are regarded as customary international law.

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