The Legal Labyrinth: Why “Americanizing” the Strait of Hormuz Is a Mirage
The recent resurgence of rhetoric about annexing the Strait of Hormuz as U.S. territory raises fundamental questions about international law and sovereignty. Can military posturing or presidential declarations override the well-established legal framework governing strategic waterways? Leading maritime law scholars provide a sobering analysis.
The Twin Barriers: Constitutional and International Law
The first hurdle is legal architecture. A maritime law professor from City, University of London, explains that under U.S. law, a presidential proclamation is far from sufficient to claim new territory. It would require meeting stringent constitutional processes, not merely an executive order.
On the international stage, the barriers are even higher. The UN Charter, a cornerstone of modern international law, prohibits the acquisition of territory by force. Sovereignty over waters can typically only be transferred through formal agreement or peaceful cession between states. The professor highlights a crucial distinction: “Military occupation might yield de facto control, but that is entirely different from having legal title to that control.”
The Sovereignty Reality: The Keys Held by Iran and Oman
The legal map of the Strait of Hormuz is clear: parts of its waters are the territorial sea of Iran and Oman. A shipping law professor from Swansea University assesses that the only plausible legal path to making the Strait “U.S. territory” would be for Iran to voluntarily cede its waters—“a prospect that is vanishingly unlikely.”
A discussed alternative, a trilateral U.S.-Iran-Oman agreement to manage the Strait and levy tolls, is also legally untenable. Experts note this would violate the UN Convention on the Law of the Sea (UNCLOS), which guarantees navigational freedoms.
Transit Passage Paramount: The Strait's Core Legal Nature
At the heart of the matter is a principle often overlooked in public discourse: the Strait of Hormuz is not any nation's “property.” As a strait used for international navigation, it is governed by the core legal principle of “transit passage.” This means that even though the waters fall under coastal state sovereignty, all ships and aircraft must be allowed unimpeded passage.
In conclusion, experts underscore that legal ownership and military control operate in separate spheres. Warships may patrol, but the rulebook of international law defines the boundaries of sovereignty. For the Strait of Hormuz, that rulebook is long written and resistant to unilateral revision.