بررسی چارچوب حقوقی تنگه هرمز؛ از عبور بی‌ضرر تا عبور امن و ایمن

It is in such circumstances that the need to formulate new rules emerges, as exemplified by the establishment of the United Nations and the adoption of the rules embodied in the Charter of the United Nations. Following the war of aggression launched by the authoritarian government of the United States and the Israeli regime against the Government of the Islamic Republic of Iran on 28 February 2026 (9 Esfand 1404), in flagrant violation of the fundamental principles and rules of international law, particularly Article 2(4) of the Charter of the United Nations (the principle prohibiting the use of force), new approaches have emerged concerning the maritime order and the management of the Strait of Hormuz, invoking Article 51 of the Charter of the United Nations, namely the inherent right of self-defence. Given its position in a strategically and geopolitically significant region, the Islamic Republic of Iran, with a view to promoting international security and countering any international threat, aggression, and oppressive measures, has established a new mechanism in its capacity as a coastal State of the Strait of Hormuz. It has emphasized the exercise of its safeguarding and protective rights, in accordance with its sovereignty under customary international law, and has also placed the passage of vessels under its control and supervision. Accordingly, this article seeks, with reference to previous studies on the various forms of passage and the rules governing international waterways, to explain the legal nature of passage under international instruments and to elucidate and examine the legal framework governing the management of the Strait of Hormuz in light of the emerging approach and new theory concerning the regulation and control of passage, as well as the scope of the aforementioned measures.