Several Persian Gulf countries—including the most important ones—have not acceded to the 1982 convention, making the issue of territorial waters a sensitive one.

In the absence of formal ratification by a state, states apply the 1982 Convention “de facto.”

If there were a body representing all the states bordering the Persian Gulf, the formalization of territorial waters would be a matter of a basic collective agreement.

In the absence of formal accession to the 1982 Convention, customary law prevails, which requires a precise and non-standardized survey.

Generally speaking, the delimitation of territorial waters determines a country’s full sovereignty, whether through the 1982 Convention or through customary law.

Straits, such as the Strait of Hormuz, have rules specific to each strait, but the general rule is that every country retains full sovereignty over its territorial waters. Exercising total control over maritime passages in the territorial waters of neighboring countries without their consent—as Iran desires—is not permitted under any law. One may view this issue however one wishes, but there will be opposition from all other countries. There will never be an agreement to delegate control of maritime traffic to Iran. Militarily, it would be virtually impossible for Iran to enforce such control.

However, there is nothing preventing the countries bordering the Strait of Hormuz from establishing a convention that applies to their territorial waters; at a minimum, this would require the participation of Iran, Oman, and the United Arab Emirates.

As for the United States of America’s claim to control the Strait of Hormuz, it is completely unfounded. Since the U.S. does not use the strait for its own purposes, it would be preferable for the countries bordering the Persian Gulf to take charge. This is no easy task.

July 27, 2026

Naej DRANER