The political and legal role of international straits (The Strait of Hormuz as a model)
Journal of Contemporary Issues in Business and Government,
2021, Volume 27, Issue 3, Pages 2710-2724
AbstractCountries have been interested in the agreements regulating the straits, due to their strategic and economic importance and to ensure the safety of navigation in them, during the passage of ships and aircraft in the strait and not to close them. Given that closing the strait will threaten the security of maritime navigation and target the economic interests of all countries crossing the strait. As of the Middle Ages and passing by 1958 Geneva Convention, and up to the 1982 United Nations Convention on the Law of the Seas, countries have been trying to conclude a compromise between the international straits riparian states, whether through transit or safe passage, however, the agreements, despite their legal binding power, were unable to oblige some countries to ratify them. The vital and political interests have played a prominent role in using the straits as a political pressure card in favour of some pending issues between countries. On the other hand, the Iranian nuclear file crisis is still present to coincide with the Iranian threats to close the strait. Thus, the issue has had a political dimension affected by the result of the escalation between the two countries against the background of the presence of the former US President Donald Trump who imposed the unprecedented and severest sanctions in the history of America on the Iranian Republic. After that, President Biden assumed the new US presidency term and seeks to find a legal political harmony to compromise the crisis out of the perspective of diplomacy.
Assistant Professor, Faculty of Economics and Administration - Department of Political Science, King Abdul-Aziz University - Jeddah
- Jamal Salem Abdulkarim Alnaas, Geostrategic Dimensions of Closing the Strait of Hormuz, A Study in Political Geography, Omar Al-Mukhtar University, 2011.
- Abd Alhaq Dahabi, the problem of defining international strains between international jurisprudence and international judiciary, a study published on the Al-Hiwar al-Mu'tamidan website, issue no. 67399 Website:
- Ahmed Sweilem Alomari, The Origins of Comparative Systems, Cairo: The Egyptian General Renaissance of Book(Alnahdha Alaamah Almasriyah for Books) 1976. See the original report in: UNESCO Contemporary Political Science, Publication N0.426, Paris: France, 1950
- Ali Alalwani, Legal Adaptation of International Straits Considering the Strait of Hormuz as a model, via the website: https://www.equalcitizenshipcentre.com/ar/page/%D8%A7.
- Taghreed Ramez Hashem, The Strait of Hormuz: Alternatives Available in Case of Closure, A Geopolitical Study, Journal of the College of Basic Education, University of Babylon, Issue 12.
- Jaweed Montazeran, Study of the Legal Status of the Closure of the Strait of Hormuz by Iran under the International Law, Al-Bayan Center for Studies and Planning, Via the website: https://www.bayancenter.org/wp-content/uploads/2018/10/88668687979.pdf
- Hammoud Mohamed Alhaj, International Law of the Sea, House of Culture for Publishing and Distribution, First Edition, Amman, 2008.
- Alamari Assad, Conciliation Provisions of the United Nations Convention on the Law of the Sea for the Year 1982 CE, PhD Thesis, Mouloud Mammeri University, Tizi Z, Faculty of Law and Political Science, Algeria, 2014.
- Hussein Emara, the most important articles of the Iranian nuclear agreement, and why does Trump want to leave it ?, France 24, www.france 24.com US Central Command: Iran unjustifiably shot down an American surveillance drone over international waters, BBC News Network, 20 June 2019, BBC News Arabic, www.bbc.com
- LEWIS M. ALEXANDER, NAVIGATIONAL RESTRICTIONS WITHIN THE NEW LOS CONTEXT: GEOGRAPHICAL IMPLICATIONS FOR THE UNITED STATES 246–49 (Offshore Consultants, Inc., Final Report under Contract MDA-903-84-C-0276, Defence Supply Service — Washing-ton, Dec. 1986
- General Provisions on Ships’ Routeing, IMO Res. A.572(14), § 4 (Nov. 20, 1985).
- Charles ROUSSEAU, Le droit international public, Dalloz. Huitième edition, Paris, 179.
- Lisa Whelming, The Transportation of Nuclear Cargo at Sea Shrinkage of The Right of Innocent Passage? (Faculty of Law, university of Lund,2007),
- Ram And, Transit Passage and Over Flight in International Straits, School of International Studies, (Jawahar Lal University, New Delhi, India)
- Ranjith Raja and Giorgos Beleris, Strait of Hormus: The Aorta of Global Oil, Thomson Reuters, Dubai, July 2018,daily.com/News/211821.html (accessed September 2018)
- Nidhi Verma, “India Says It Only Follows U.N. Sanctions, Not U.S. Sanctions on Iran,” Reuters, May 28, 2018, online edition, https://www.reuters.com/article/us-india-iran/india-says-it-only-follows-u-n-sanctions-not-u-ssanctions-on-iran-idUSKCN1IT0WJ
- See Thom Shanker & Steven Lee Myers, U.S. Planning Troop Buildup in Gulf After Exit From Iraq, N.Y. TIMES, Oct. 30, 2011, at A1, available at http://www.nytimes.com/2011/10/
- 30/world/middleeast/united-states-plans-post-iraq-troop-increase-in-persiangulf.html?pagewanted=all; David S. Cloud, U.S. Boosts Its Military Presence in Persian
- See After Iran Threat, U.S. Aircraft Carrier Goes Through Strait of Hormuz Without Incident, CNN NEWS (Jan. 24, 2012) ، http://www.cnn.com/2012/01/22/world/meast/us-iranaircraft-carrier/index.html.
- Kelsey Davenport and Julia Masterson, Iran Announces New Nuclear Violation, The P4+1 and Iran Nuclear Deal Alert, Published on Arms Control Association, Washington, 2019,
- Article View: 86
- PDF Download: 164