Article: Examination of the Legal Regime of the Persian Gulf and the Rights of the Strait of Hormuz in Light of the 1982 Law of the Sea Convention

Author: Hojjat al‑Islam and al‑Muslimin Dr. Mehdi Jaberi‑Zadeh Ansari

Date: 20/۱۲/۱۴۰۴ (Solar Hijri)

Abstract

The Persian Gulf, as one of the most important maritime areas of the world, is not only a platform for geopolitical disputes and global energy security, but also possesses a specific legal regime from the perspective of public international law. This article, relying on authoritative sources of the law of the sea and classical international doctrine—including the works of Shaw (2017), Tanaka (2019), and Churchill & Lowe (1999)—analyzes the legal dimensions of the Persian Gulf and the Strait of Hormuz within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

The findings indicate that the Persian Gulf constitutes a semi‑enclosed sea; however, its regional geographic, security, and normative requirements have caused the general rules of the Convention not to be fully applied there. In this regard, the Iranian islands of Abu Musa and Greater and Lesser Tunb, as well as the Strait of Hormuz, occupy a central position in defining the legal regime of the region.

The position of the Islamic Republic of Iran, based on the doctrine of “conditional innocent passage” in the Strait and historical sovereignty over the islands, reflects the formation of a special and indigenous legal regime (Sui Generis) in the region. Through a comparative analysis, the article concludes that the Iranian model is a combination of the jurisprudence of maritime anfāl and international custom, and may serve as the foundation for the development of a regional Islamic custom within the law of the sea.

Keywords

Persian Gulf; Strait of Hormuz; Law of the Sea; UNCLOS 1982; Conditional Innocent Passage; Historical Sovereignty; Three Islands; Islamic Anfāl Jurisprudence; Special Maritime Legal Regime; Regional Security.

Introduction

The Persian Gulf has long been considered one of the most important geopolitical regions in the world and, due to its strategic location, vast energy resources, and decisive role in international maritime trade networks, has always attracted the attention of regional states as well as extra‑regional powers. This body of water, located south of the Iranian plateau in the Persian Gulf region, is significant not only from an economic and energy perspective but also constitutes one of the most complex and important maritime regions of the world from legal and security viewpoints.

In this region, eight coastal states—namely the Islamic Republic of Iran, Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, and Oman—are present. Each of these states, based on its national interests, security considerations, and foreign policy orientations, has adopted different interpretations and approaches regarding the legal and security issues governing the Persian Gulf. The entrance to this vital global point, known as the Strait of Hormuz, lies within the territorial waters of Iran and Oman.

On the other hand, the existence of enormous oil and gas reserves in the seabed and subsoil of this sea has made the Persian Gulf one of the most important centers of global energy supply. A considerable portion of the world’s crude oil and natural gas exports passes through the waters of this region, particularly through the Strait of Hormuz—a strait recognized as one of the most vital maritime passages in the world and which plays an essential role in energy security and the stability of global markets.

For this reason, any legal, political, or security development in this region can have consequences beyond the geographical boundaries of the Persian Gulf and may also affect the international economic and political order.

Under such circumstances, the legal and political relations governing the Persian Gulf have always been among the most complex issues in the field of regional international law. The intersection of the interests of coastal states, the presence and intervention of extra‑regional powers, geopolitical rivalries, territorial and boundary disputes, and environmental challenges arising from extensive exploitation of energy resources have turned this region into a unique example of the overlap and interaction among different branches of international law.

In fact, the Persian Gulf is a sphere in which the principles and rules of the law of the sea intersect with considerations of international security law, marine environmental law, and even economic and political considerations, forming a complex set of legal rules and practices.

Among these issues, the Strait of Hormuz occupies a completely special position within the legal and security system of the Persian Gulf. This narrow strait, which connects the Persian Gulf to the Sea of Oman and from there to the Indian Ocean, is one of the most important maritime routes in the world for the passage of oil tankers and commercial vessels.

The strategic importance of this strait has made its legal regime a subject of extensive debate among international lawyers and policymakers. Questions such as the manner of applying the right of transit passage, the limits of the jurisdiction of coastal states (Iran and Oman), and the manner of ensuring the security of international navigation in this waterway are among the issues that have received attention within the framework of the law of the sea and customary international law.

At the legal level, the adoption of the ۱۹۸۲ United Nations Convention on the Law of the Sea (UNCLOS) marked a turning point in the development of comprehensive rules governing seas and oceans. The Convention was drafted with the aim of creating a coherent legal framework for regulating the exploitation of marine resources, determining maritime zones, guaranteeing freedom of navigation, and protecting the marine environment.

Today, a significant portion of its provisions is also recognized as customary international law. However, the implementation of these rules in sensitive and strategic regions such as the Persian Gulf has always been accompanied by complexities, since coastal states have often attempted to present their own interpretations of the Convention’s provisions in order to better secure their economic, security, and political interests.

The Islamic Republic of Iran, as one of the most important coastal states of the Persian Gulf and possessing the longest coastline along this body of water, has adopted a particular approach regarding the legal regime of the seas and especially the status of the Strait of Hormuz. Iran’s policies and legal practices in the field of the law of the sea, in addition to relying on international rules, have also been influenced to some extent by the country’s historical, geographical, and security considerations.

Moreover, certain legal viewpoints in Iran are influenced by Islamic jurisprudential foundations and domestic law, which in some cases have led to interpretations different from those commonly accepted in international law of the sea. The Islamic Republic of Iran has the capacity and power to make greater use of this territorial waterway and to act as a fixed and important actor in this region, and through precise and continuous supervision—while observing fairness—draw a new map of political power, one of the most important aspects of which could be the collection of dues from passing vessels.

Accordingly, the main issue of this article is to examine the legal regime of the Persian Gulf and the Strait of Hormuz in light of the 1982 Law of the Sea Convention and to evaluate the extent of its conformity or divergence with the legal practice and policies of the Islamic Republic of Iran.

Within this framework, the article attempts to explain the fundamental concepts and principles of the law of the sea, examine the position of the Persian Gulf and the Strait of Hormuz in the international legal order, and analyze Iran’s legal approach regarding issues such as the passage of vessels, the jurisdiction of coastal states, maritime security, and the necessity of establishing transit dues.

Considering the special characteristics of the Persian Gulf, such an examination cannot be limited solely to the legal analysis of international texts and documents; rather, it also requires simultaneous attention to historical, geographical, geopolitical contexts and to Islamic jurisprudential rules and the system of Iranian public maritime law.

Therefore, this research adopts an interdisciplinary approach in order to present a comprehensive picture of the interaction between the rules of international law of the sea and the political and security realities of the Persian Gulf, and to clarify Iran’s legal position within this framework.