Context
- Iran attacked some ships in the Strait of Hormuz after the United States seized Iranian-linked ships, as tensions between the two sides increased.
- At its narrowest point, the Strait of Hormuz and its shipping lanes are completely within the territorial waters of Iran and Oman.
Institutional framework governing Freedom of Navigation in international waters:
- United Nations Convention on the Law of the Sea (UNCLOS):
- The main ideas include shared global use, free movement at sea, rights over resources, and ways to settle disputes.
- It also explains different maritime zones.
| Maritime zones | Length | Rights applicable |
| Territorial Sea | Upto 12 nautical miles | Coastal states have full control over their territorial sea, including the water, seabed, subsoil, and the airspace above it.
Foreign ships can pass, but only under “innocent passage” (no threat or harmful activity). |
| Exclusive Economic Zones (EEZ) | Upto 200 nautical miles | Countries have rights to explore, use, protect, and manage natural resources—both living and non-living—found on and beneath the seabed. They can also carry out activities like generating energy from water, ocean currents, and wind. |
| High Seas | Beyond EEZ | It is regarded as the shared heritage of all humanity and does not belong to any one country.
All states can use these areas for peaceful purposes, such as navigation, scientific research, and exploring the seabed. |
Key Challenges to FoN in International Waters:
- Geopolitical and strategic issues: Countries sometimes use narrow sea routes and key shipping lanes to gain strategic advantage, impose blockades, or compete for power, which can disrupt freedom of navigation.
- Legal confusion: Different countries interpret international maritime laws (UNCLOS) differently, and there is no strong system to ensure strict enforcement.
- Unilateral actions and sanctions: Some countries, like the U.S., have intercepted ships under their own domestic laws, such as vessels carrying Venezuelan oil or supplies to Cuba.
- Security threats: Risks like piracy, terrorism, and armed attacks at sea also pose challenges to safe and free navigation.
