Navigating Turmoil: Legal and Geopolitical Challenges in the Strait of Hormuz

As tensions rise in the Strait of Hormuz, the absence of US and Iranian adherence to the UNCLOS limits legal dispute resolution options, escalating geopolitical tensions. Maritime expert Professor Proshanto Mukherjee highlights the complexity and risks, including potential tolls and mine threats, affecting global shipping and trade.

As tensions flare in the crucial Strait of Hormuz, the absence of the United States and Iran from the United Nations Convention on the Law of the Sea (UNCLOS) is complicating legal resolutions, according to maritime law expert Professor Proshanto K Mukherjee. He underscores the increasing geopolitical maneuvering in the region, as legal avenues such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS) remain limited.

Mukherjee, in an exclusive interview, pointed out that the principle of might over right is playing out in the narrow waterway. He notes that with both countries not being UNCLOS signatories, they lack enforceable legal constraints, giving way to potential naval actions. The complexity deepens with Oman's role, a UNCLOS signatory, complicating negotiations over passage rights through the strait.

The expert warns of mounting safety concerns, including reports of mines in the region that could deter maritime traffic. Adding to the turmoil are possible toll charges for transiting ships, with negotiations hinted at for revenue sharing between the US and Iran. Mukherjee stresses that these developments fall outside established legal frameworks, exacerbating the uncertain landscape governed more by geopolitical interests than legal protocols.