GLOBAL OCEAN GOBERNANCE AND STRAITS: HORMUZ’S CASE[1]
Elena C. Díaz Galán, University Rey Juan Carlos Madrid, Spain
Main point of the speech (Index): 1. BRIEF DESCRIPTION OF THE STRAIT OF HORMUZ. SOME OF THE MOST RECENT INCIDENTS. 2. THE STRAITS. PARTICULAR REGIME OF THE STRAIT OF HORMUZ. 3. USE OF FORCE WITH REGARD TO THE CASE “STENA IMPERO AND GRACE 1” IN THE STRAIT OF HORMUZ. 4. GLOBAL OCEAN GOBERNANCE: INTERNATIONAL COOPERATION IN ORDER TO SOLVE THE INCIDENTS AT THE STRAIT OF HORMUZ.
ABSTRACT: The arrest of the Stena Impero by the Iranian authorities on 19th July, 2019 which was one of the latest incident in the Strait of Hormuz, has highlighted once again, inter-State tensions on the international scene. This event almost coincides with the arrest of the Iranian vessel, Grace 1, by the British authorities. Furthermore, this event is surrounded by a context of deep animosity between the United States of America and Iran due to the US abandonment of the Joint Comprehensive Plan of Action of 2015, as well as the imposition of new sanctions to the Persian State. All of the above is triggering a re-thinking of essential questions on International Law and the Law of the Sea. Despite the recent nature of the issue and its international implications, there are limited studies on this topic. Most of them are geostrategic with no legal considerations. In order to scrutinise the events from an international law perspective and also from the point of view of the rules governing passages through Straits, it is necessary to deal with these legal considerations. Then we will investigate whether the rules of the Law of the Sea, among others: The United Nations Convention on the Law of the Sea (UNCLOS), have been respected, identifying the obligations of the coastal States and other States which are implicated in such events. In addition, we will consider the possibility of adopting measures to face potential internationally wrongful acts, in particular by taking in account the concept of “countermeasures”. In any case, the solution adopted by the international community either through international Organizations or on the basis of States’ international policies should be based on dialogues and with strict compliance of international standards.
[1] This work is based, being updated, in my published chapter: Crisis en el estrecho de Ormuz: ¿Una amenaza real para la seguridad marítima?, en Seguridad y Frontera en el Mar, Editorial Tirant lo Blanch, 2020, ISBN: 978-84-1336-952-5, pp. 53-69.
