Strait of Hormuz: U.S. Blockade Is Illegal — Iranian Service-Based Charges Are Not

By Wale Adeleke

MaTaZ ArIsInG
Dallas, Texas

Under international law, any unilateral attempt by a state to blockade the Strait of Hormuz would face serious legal objections.

The Strait qualifies as an international strait used for navigation between one part of the high seas or exclusive economic zone and another (UNCLOS Art. 37). It is therefore governed by the regime of transit passage under UNCLOS (Arts. 37–44), which guarantees the right of uninterrupted passage for all ships and aircraft and prohibits its suspension (Arts. 38 & 44).

UNCLOS Article 42 recognizes a limited authority for coastal states to adopt laws relating to navigation safety, traffic management, and environmental protection. However, such measures must not have the effect of denying or impairing transit passage.

The United States is not a coastal state to the Strait of Hormuz and cannot invoke any regulatory authority under Article 42.

In any event, a blockade is not regulation — it is a deliberate obstruction of a protected international right, directly contrary to the UNCLOS framework.

In simple terms: No state has the legal authority to block transit through Hormuz.

II. The Rights of Coastal States to Collect Service-Based Fees

UNCLOS provides a balanced framework for coastal states. While transit passage must remain unimpeded, Article 43 allows cooperation between coastal and user states in the provision of navigational safety, environmental protection, and related services.

Within this framework, cost-sharing is permissible.

However, the Convention draws a clear line: tolls for mere passage are prohibited. Any charges must be strictly tied to specific services actually rendered — such as pilotage, traffic management, or environmental safeguards.

The distinction is straightforward: Passage is free; services may be charged for.

In conclusion, while Iran, as a coastal state, may impose Article 43–compliant service-based charges tied to navigational safety and related services, any unilateral attempt by the U.S. to blockade the Strait of Hormuz would constitute a clear violation of the UNCLOS regime governing transit passage.

The Convention permits regulation for safety and cost-recovery. What it prohibits is obstruction of passage. A blockade falls squarely in the latter category. And that includes the on-going blockade by the United States.

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