tag:blogger.com,1999:blog-3432851080052468710.post562743507329195295..comments2024-03-28T16:05:02.847-04:00Comments on PROPHECY UPDATE: The Strait Of Hormuz: A Geo-Political FlashpointUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3432851080052468710.post-47991610752973126242019-05-27T01:37:23.981-04:002019-05-27T01:37:23.981-04:00Legally , both of the two littoral states Iran an...Legally , both of the two littoral states Iran and Oman do not have competence to even disrupt international navigation in the international strait of Hormuz . The principle of transit passage and freedom of navigation is one of the deep rooted principle that was innovated by international law jurists and entirely practiced by sovereign states four centuries ago .This became a recognizable international law practice that became a conventional principle in the recent UN Convention of Law of the Sea 1982 which has not been ratified by both USA and Iran the quasi-belligerent states now .<br /><br />In the same vein , Iran can not claim that she is not a state party to the above mentioned international instrument because freedom of international navigation is entitled to all states and ships without any sort of discrimination in time of peace and security .Interestingly , Iran can not deny innocent passage of USA warships during peacetime . <br /><br />Iran can not allege that she previously submitted a declaration when she signed the UN convention of law of sea claiming that she will abide by the convention only towards the state parties to the convention .Iran claim in this regard is baseless and groundless because the convention does not allow states to make reservations on the convention articles .<br /><br />During Gulf War 1980-1988 and in spite of acts of hostilities between Iran and USA and simultaneously Iran was fighting Iraq she could not even disrupt international navigation there .<br /> <br />There is not a special governing agreement that organize international navigation in the strait of Hormuz which provide rights and duties of the littoral states to the strait and furthermore rights and duties of states commercial and military ships , therefore organizing and dedicating rights and imposing duties in this regard abide by general principles on international law .<br /><br />Conversely , Constantinople Convention of 1888 that organizes international navigation through Suez Canal grans Egypt discretion to deny navigation to belligerent state which in actual war against Egypt and this is not the case of Iran and the closure of Hormuz strait .<br /><br />Incredibly , Iran officially committed herself to UN in 20th October to safeguard and maintain international navigation in the strait .The UN security council archived Iran official letter to the UN Secretary General and disseminated the letter to the UN member states . <br /><br />Dr Ayman Salama<br /><br />Prof of International Law Ayman Salamanoreply@blogger.com