The Strait of Hormuz exists in the eye of the beholder.

While everyone agrees that, geographically speaking, it is a strait – a narrow sea passage connecting two places that ships want to go – its political and legal status is rather more complicated.

The United States and Iran both eye the strait – a choke point through which 20% of the world’s oil passes – very differently. Washington sees the Strait of Hormuz as exclusively an international waterway, whereas Tehran sees it as part of it territorial waters.

It follows that Iran’s toll-charging of ships is seen by the U.S. as illegal. Similarly, U.S. President Donald Trump’s blockade of the passage is a “grave violation” of sovereignty to Iran.

As an expert in the law of the sea, I know part of the problem is that the U.S. and Iran are living in two different worlds when it comes to the international laws governing the strait. Further complicating matters, both are in a different legal universe than most of the rest of the world.

The “law of the sea” is a network of international laws, customs and agreements that set out the foundation for rights of access and control in the ocean. The framework sits apart from the laws of warfare, which are also relevant to the Persian Gulf situation.

The United Nations Convention on the Law of the Sea, or UNCLOS, is a major plank of the law of the sea. Completed in 1982 and in force since 1994, it aims to create a stable set of zones and places – like international straits – where everyone agrees on who can do what. It has been ratified by 171 countries and the European Union, but not Iran or the United States. Iran has signed it but has yet to ratify; the U.S. has done neither.

This means that the rules which almost every country in the world has consented to can’t serve as a........

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