United Nations: There is no legal basis to justify closing international straits
In a decisive statement, the Secretary-General of the International Maritime Organization (IMO), Arsenio Domínguez, affirmed that, according to the United Nations Convention on the Law of the Sea and customary international law, coastal states are under no circumstances permitted to threaten to close international straits used for global navigation. He clarified unequivocally that there is no legal basis for any state to impose fees, levies, or discriminatory conditions that impede passage through these vital waterways.
The historical context of freedom of navigation in waterways
The protection of waterways has its roots in centuries of maritime practices, culminating in the 1982 United Nations Convention on the Law of the Sea, often referred to as the “Constitution of the Ocean.” Historically, waterways have been strategic chokepoints that have led to major international disputes, prompting the international community to establish strict rules guaranteeing the right of transit passage. In this context, Dominguez, speaking at a high-level meeting of the UN Security Council dedicated to “the safety and protection of waterways in the maritime domain,” emphasized that the principle of freedom of navigation is non-negotiable. He stressed the need to allow ships to conduct their commercial activities worldwide without hindrance, in full compliance with international law.
The repercussions of the threat to close international straits
Any threat to close international straits catastrophic repercussions extending far beyond regional boundaries, striking at the heart of the global economy. Regionally, disrupting navigation would paralyze the flow of exports and imports for neighboring countries, threatening their food security and economic resources. Internationally, waterways such as the Strait of Hormuz, the Bab el-Mandeb Strait, and the Suez Canal are vital arteries for the flow of energy supplies and global trade. Dominguez warned that any departure from these established and recognized principles would set a dangerous precedent, severely undermining the safety and stability of maritime shipping worldwide, potentially leading to higher insurance costs, disruptions to supply chains, and consequently, increased inflation that would affect the lives of citizens everywhere.
The Strait of Hormuz as a model for joint management
To highlight the practical applications of international law, the Secretary-General explained that since 1968, the International Maritime Organization (IMO) has established a precise traffic separation regime in the Strait of Hormuz. This strategic waterway—jointly managed by the Sultanate of Oman and Iran—has ensured the safety of maritime navigation for decades. He concluded by emphasizing that this traffic regime is a mandatory mechanism under the IMO International Convention for the Safety of Life at Sea (SOLAS), preventing any state from taking unilateral actions that could threaten the stability of the region.
International efforts led by the Kingdom of Bahrain
These UN assurances come at a critical time marked by escalating geopolitical tensions. It is worth noting that the high-level meeting of the UN Security Council to discuss “the safety and protection of maritime waterways” was convened at the official invitation of the Kingdom of Bahrain, which holds the rotating presidency of the Security Council this month. The session was attended by the UN Secretary-General and some 80 international delegates, reflecting the global consensus on the importance of concerted diplomatic efforts to protect waterways and ensure the continued safe and secure flow of global trade.
