In detail | What we know so far about the toll for crossing the Strait of Hormuz that Iran claims
Iran has included in its 10-point document to negotiate a definitive peace the demand that its “control” over be guaranteed. The National Security Commission of the Iranian Parliament has already approved a bill on tolls and has sent it to the plenary session of the chamber for debate, according to the Iranian state agency Mehr. But the rule only codifies what already happens in the water: the Revolutionary Guard de facto applies a toll system before allowing passage, according to Al Jazeera. Is this legal?
Who owns the Strait of Hormuz? The strait bathes the coasts of two countries: Iran and Oman. Both have sovereignty over those waters, but that sovereignty has limits. It establishes that in the straits considered vital for international navigation, the so-called right of transit governs. This means that any vessel can freely cross them as long as the passage is quick and uninterrupted and does not threaten the security of the coastal country.
How much would Iran charge? The text approved by the parliamentary commission does not detail the amount, but the Tasnim agency, linked to the Revolutionary Guard, points out two options: a fixed payment of two million dollars per ship or a system based on the cargo of each ship, similar to that of the Suez Canal. Tasnim estimates that Iran could earn about 100 billion dollars annually, a figure higher than its income from oil sales, estimated at 80 billion.
Can Iran charge for that step? No, according to those consulted by EL PAÍS. The UN Convention stipulates that a ship can only be charged for specific services that the country provides, such as the use of locks. It is not legal to impose a toll for mere transit. “Something that, in fact, almost refers to a mafia concept,” says Juan José Álvarez, professor of Private International Law at the University of the Basque Country.
What if a peace agreement authorized it? Nor would it have legal support. Jaume Saura, professor at the University of Barcelona, clarifies that if some type of compensation for war damage is finally authorized, it should only apply to ships from the United States and Israel, the countries that started the conflict, and not to the entire international community.
What precedent does this set? A worrying one, according to Félix Arteaga, researcher at the Elcano Royal Institute. “It has shown how easy it is, with modern technology, to interrupt the right of transit in . The expert warns that the greatest risk is that, in the future, non-state groups will exploit that vulnerability, “as pirates once did.”
