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Can Iran legally impose tolls along the Strait of Hormuz?

Tehran, along with the Islamic Revolutionary Guard Corps of Iran, has been trying to tighten their grip on the Strait of Hormuz through charging tolls on vessels to ensure safe passage. This article explains the law that governs toll collection and what countries who are against tolls could do.

What is the Strait of Hormuz?

The Strait of Hormuz connects the Gulf of Oman with the Persian Gulf. It is located in the territorial waters of Iran and Oman. The Strait of Hormuz is the most important shipping route for energy in the world. Around 20% of all oil in the world passes through this lane.

It is approximately 104 miles long (167 km). The waterway's width is variable, with 2-mile channels on either side of the narrowest part for both inbound and outbound traffic, separated by a buffer zone of 2 miles.

Iran has effectively closed the Strait after U.S. and Israeli strikes?on the country. It also demands the right to collect tolls in order to end the war. It was not possible to confirm the status of toll collections so far.

What law governs passage on the Strait? UNCLOS (sometimes called the UN Convention on Law of the Sea) was adopted in 1982, and is in force since 1994.

The article 38 gives vessels the right to "transit pass" unhindered through more than 100 straits around the world, including Strait of Hormuz.

A country that borders a strait can regulate the passage of vessels within its "territorial?sea" up to 12 nautical miles from its border. However, it must allow "innocent?passage." The passage is innocent if the act does not harm the country's security, peace or good order. Military action, serious pollution and spying are prohibited. In a case brought before the International Court of Justice in 1949, the concept of innocent passage played a key role.

UNCLOS has been ratified by approximately 170 countries, including the European Union. Iran and the United States are not among them. This raises the issue of whether or not the rules of the treaty allowing freedom of navigation in the maritime domain have been incorporated into customary international law.

UNCLOS is viewed by experts as a customary international law. Non-ratifying nations may claim that they do not have to follow the treaty because they consistently and persistently object. Iran claims that it has raised such objections. The United States contests Iran's right to charge tolls.

How can tolls be challenged?

UNCLOS has no formal enforcement mechanism. The International Tribunal for the Law of the Sea, established by the treaty, in Hamburg, Germany and the International Court of Justice, in The Hague (Netherlands), could make rulings, but not enforce them.

Other ways exist for businesses and countries to combat?tolls.

A state or coalition could try to enforce the agreement. The UN Security Council could adopt a resolution against tolls.

Companies have already begun to redirect shipments out of the Strait of Hormuz. Companies willing to pay for tolls could be targeted by countries to expand sanctions against financial transactions that benefit Iran's government. Reporting by Jonathan Stempel, New York. Editing by Noeleen Walder and Alistair Bell.

(source: Reuters)