Rules governing the Freedom of Navigation (FoN) in International waters | Current Affairs | Vision IAS

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In Summary

  • Iran attacked ships in the Strait of Hormuz, a chokepoint governed by UNCLOS transit passage rules.
  • Freedom of Navigation (FoN) is challenged by geopolitical leverage, legal ambiguities, unilateral actions, and security threats like piracy.
  • UNCLOS establishes principles for global commons and defines maritime zones, but enforcement remains a challenge.

In Summary

Iran has attacked ships responding to the US seizure of Iranian ships in conflict in Strait of Hormuz

  • At its narrowest, the strait lies entirely within the overlapping territorial waters of Iran and Oman, and is governed by transit passage under UNCLOS.

Institutional Architecture Governing FoN in International Waters

  • United Nations Convention on the Law of the Sea (UNCLOS):
    • Core Principles: Global Commons, Freedom of navigation, resource rights, and dispute resolution.
    • Defines maritime zones: 

Key Challenges to FoN in International Waters

  • Geopolitical & Strategic: FoN is often disrupted as states use chokepoints and sea lanes as tools of strategic leverage, blockades, and power rivalry.
  • Legal Ambiguity: Differing interpretations of UNCLOS rules and weak enforcement mechanisms.
  • Unilateral Actions & Sanctions: U.S. intercepted ships trading in Venezuelan oil and carrying oil to Cuba under domestic laws.
  • Security Threats: Piracy, terrorism, etc.
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RELATED TERMS

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Chokepoints

Narrow passages of strategic importance through which sea-bound traffic must pass. Examples include the Panama Canal and the Suez Canal. Control or disruption of these chokepoints can have significant global economic and security consequences.

Global Commons

Areas of the Earth that are not owned by any single state and are accessible to all nations, such as the high seas, the atmosphere, and outer space. Their governance often relies on international cooperation and agreements.

Transit Passage

A legal regime under the United Nations Convention on the Law of the Sea (UNCLOS) that allows ships and aircraft to pass through international straits. It guarantees freedom of navigation and overflight for the purpose of continuous and expeditious transit.

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