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Annie's avatar

The Sound Dues sounds like a great Danish folk band name

Ahmad Zuaiter's avatar

The outrage surrounding Iran’s assertion of authority over the Strait of Hormuz reveals less about international law than about who has historically had the power to define it.

For decades, the US has treated virtually every major maritime chokepoint on earth as part of an informal American security architecture. The Strait of Hormuz is patrolled by the U.S. Fifth Fleet. The Bab el-Mandeb, Malacca, the Eastern Mediterranean, even the South China Sea are all routinely framed as matters of “global commerce” whenever Western strategic interests are involved. Yet when a regional power bordering one of the world’s most critical waterways attempts to assert regulatory or sovereign prerogatives, it is suddenly denounced as medieval piracy. Why is that?

The legal distinction between a “strait” and a “canal” is far less morally obvious than defenders of the current order suggest. The Suez Crisis itself emerged because Egypt asserted sovereign control over infrastructure Western powers believed should remain effectively internationalized. The Panama Canal handover similarly recognized that geography and sovereignty cannot be permanently severed simply because global trade benefits from passage.

So where is the coherent principle?

If Egypt can regulate transit through Suez (impose fees, security rules, inspections, political restrictions) why is Iran uniquely illegitimate for asserting authority over Hormuz? If Turkey exercises sovereign rights under the Montreux Convention Regarding the Regime of the Straits over the Bosphorus and Dardanelles, including wartime restrictions on military vessels, why must Hormuz be treated as some permanently de-sovereignized corridor existing outside regional political realities?

The answer, of course, is not legal consistency. It is power.

The modern maritime framework — particularly the expansive interpretation of “transit passage” under the UN Convention on the Law of the Sea — evolved during the apex of American naval supremacy. It reflects the preferences of globally dominant maritime powers whose economic model depends on frictionless movement through oceans they overwhelmingly control militarily. “Freedom of navigation” sure sounds universal and neutral. In practice, it has often meant freedom for the strongest navy on earth to operate indefinitely along the coastlines of weaker states.

You also dismisses Iran’s position as uniquely dangerous because it could create “precedent.” But precedent already exists everywhere. The United States itself has repeatedly weaponized maritime access through sanctions enforcement, naval interdictions, insurance restrictions, SWIFT exclusion, secondary sanctions, and extraterritorial financial jurisdiction. Washington effectively reserves for itself the right to decide who may transact globally, in what currency, using which shipping networks, under what conditions. Iran’s actions can equally be interpreted as an attempt — however coercive — to reclaim bargaining leverage within a system already deeply coercive.

Even the historical analogy to the Danish Sound Dues undermines your argument. The Øresund tolls lasted four centuries not because they were “fake,” but because geography confers power. Maritime law has never existed independently of force realities. It merely becomes moralized after the dominant powers consolidate control.

And this is where the deeper philosophical issue emerges:

Why should waterways adjacent to weaker states become “international commons,” while waterways adjacent to stronger Western-aligned states remain recognized sovereign infrastructure?

Why is it legitimate for the United States to maintain a quasi-permanent military architecture thousands of miles from its shores to guarantee its preferred interpretation of navigation rights, but illegitimate for a regional state sitting directly on the chokepoint itself to contest that arrangement?

At minimum, these are not frivolous legal or historical questions.

The current order’s defenders often pretend their own framework emerged from neutral universal consent rather than naval supremacy institutionalized into law.

That is the real fiction at the center of the debate.

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