"Under the United Nations Convention on the Law of the Sea, the Strait of Hormuz is an international strait where all ships enjoy a right of transit passage that coastal states cannot suspend."
Except neither Iran nor the USA has ratified the Law of the Sea, which makes this weaker than the author presents. If the US wants to rely on "customary law binds non-ratifiers" to hold Iran to transit passage, that same logic applies to the US's own non-ratification. You can't invoke UNCLOS as binding custom on Iran while treating US non-ratification as irrelevant.
The author asserts there is no practical way to force a toll as:
"The scale of the waterway makes it far more difficult to physically stop, inspect and control vessels that refuse to pay a toll. Imposing a toll is one thing; enforcing it against unwilling ships is another entirely."
Except they don't. The Iranians don't need to inspect every ship. In fact, spot-checking is plenty, since they just need to threaten to destroy ships. International shipping insurers will force compliance on Iran's behalf as underwriters price the risk and shipowners route around it voluntarily.
I'm not a fan of the situation and certainly don't condone Iranian support for terror organizations, but let's not pretend they lack a legal and enforceable way to disrupt shipping in the Strait of Hormuz. In fact, they've established/proposed a route through the Strait between the Qeshm and Larak islands that gives them even greater control over traffic.
One can object to this notion of customary international law, but if we're going to say that laws of the sea don't matter here, then we must also give up the legal notion that the strait is Iran's (and Oman's) territorial waters. There's no consistent legal framework under which the strait is territorial waters, but not an international waterway.
There's the practical reality that Iran can extort ships anyway, even with no legal pretense. But that's essentially just piracy, and anyone with a few boats or mines can do that, unless they're stopped by force.
dtagames•1h ago
But most absurd is the idea that Iran could not enforce tolls simply because there is no narrow toll gate. Did the author not watch the present conflict? Iran doesn't need a narrow entryway to tell who is in the Strait, nor do they need a complicated setup to simply shoot at ships from their very long and high coastline.
If insurers believe the ships they cover will be targets, those ships won't be transiting. It's quite simple.