The Trap of International Law: How Imperial Powers Use the “Law of the Sea” to Strangle Sovereignty

Maryam Jamshidi (Associate Professor of Law at the University of Colorado Law School) offers a profound legal analysis of the conflict in the Strait of Hormuz, exposing what may be called the trap of international law. The article is not merely a legal narrative; it is a warning to developing nations attempting to break free from the dominant international order.

Introduction: The Intelligence of Iran’s Maneuvering

The article highlights the strategic wisdom behind Iran’s decision not to ratify the United Nations Convention on the Law of the Sea (UNCLOS). The historical irony, it argues, is that the very concept of “freedom of the seas” emerged from imperial interests in the eighteenth century to guarantee Western powers access to distant resources.

Today, the same pattern repeats itself. The real objective of pressuring Iran in the Strait is not safeguarding navigation, as commonly claimed, but rather economically suffocating Iran through sanctions and preventing it from generating revenue from the Strait, so that it remains weak and unable to challenge major-power interests.

Main Points and Legal Analysis

1⃣ Reversing Reality and the Politics of Resolutions

The world began accusing Iran of violating international law by regulating passage and imposing fees, even to the extent of seeking Security Council resolutions against it. Yet the article argues that the party truly violating international law through military aggression and an unlawful blockade was the U.S.–Israeli alliance, not Iran.

2⃣ The Strait Is Not “International Waters”

The article corrects a common misconception: the Strait of Hormuz is not international waters in the absolute sense. Rather, it is an international strait composed exclusively of the territorial waters of two states: Oman and Iran.

3⃣ Freedom from Unratified Treaty Constraints

Iran is not a party to UNCLOS, nor is the United States. Since Iran never ratified the treaty, it is not bound by the sovereignty-limiting regime of transit passage.

“Accordingly, a logical argument can be made that Iran is not subject to the ‘transit passage’ regime contained in UNCLOS, but rather to a different system: the older and more flexible regime of ‘innocent passage.’”

4⃣ Rights of the Coastal State (Innocent Passage)

Under the regime of innocent passage, Iran, as a coastal state, has the right to take measures within its territorial waters to protect its security.

“Coastal states such as Iran may take measures in their territorial waters, including those located in international straits, to address certain issues, including security concerns.”

5⃣ Legitimacy of Maritime Fees

🫶The law of innocent passage allows states to collect fees in exchange for specific services.

“The law of innocent passage permits states to levy charges on vessels passing through their territorial waters, provided such charges are for specific services rendered to the vessel and are imposed in a non-discriminatory manner.”

6⃣ The Core Issue: Sanctions Weaponized Behind a Legal Mask

The article reveals that the international uproar is political rather than legal.

“In reality, for many—especially in the West and the Arab world—the goal is not simply to ensure that the Strait of Hormuz remains open and free to all. The goal is to make it harder for Iran to escape crippling economic sanctions by earning revenue from the Strait.”

The Lesson: Between the Law of the Sea and the NPT Trap

Iran’s success in maneuvering over the Strait of Hormuz stems largely from its non-accession to UNCLOS, which preserved its upper hand within its territorial waters.

By contrast, the opposite example can be seen in the Nuclear Non-Proliferation Treaty (NPT), where Iran’s accession created the loophole through which major powers justified sanctions, inspections, and intervention in its sovereignty.

for Developing States and Negotiators

This comparison offers an important lesson for developing nations seeking liberation from imperial control. Signing international treaties under profoundly unequal power balances can amount to sovereign .

🫶Iranian negotiators—and others—should exercise extreme caution before signing any new obligations or treaties that may appear merely technical on the surface, but in practice tighten the noose around the state and transform its natural rights into international crimes with the stroke of a pen.

#Iran #InternationalLaw #StraitOfHormuz #Sovereignty #Imperialism