Who Owns the Seas & Oceans? @Prof Archie D’Souza

 Who Owns the Seas & Oceans?

@Prof Archie D’Souza

 

[This article is an excerpt from the chapter]

On June 23, 2025, the Government of Iran announced the closure of the Straits of Hormuz. This is a stretch through which about a third of the globe’s seaborne crude oil passes. The strait, which narrows to only about 32 km between Iran and the Arabian Peninsula, includes a great deal of India’s own oil imports. Do read the following reports:

https://www.deccanchronicle.com/nation/world/india-prepared-to-deal-with-closure-of-strait-of-hormuz-union-minister-hardeep-puri-1886935

https://www.msn.com/en-in/money/economy/difficult-to-predict-what-hardeep-singh-puri-said-on-oil-prices-supply-amid-hormuz-strait-closure-tensions/ar-AA1HdpCu?ocid=BingNewsSerp

https://www.news18.com/world/strait-of-hormuz-iran-israel-tension-conflict-self-destructive-global-recession-big-blow-global-impact-ws-l-9398548.html

https://www.msn.com/en-in/news/other/india-vs-the-oil-choke-point-how-we-re-dodging-the-strait-of-hormuz-fallout-amid-the-israel-iran-war/ar-AA1HcqGd?ocid=socialshare

We will not be discussing the economic impact of the Strait closure here. That has been discussed at several fora and has been covered in the media reports shared here as well. We will be confining our discussion to the legalities of the decision and the kind of precedent it could bring. We will also, if space permits, be looking at other similar international routes, including the Suez and Panama canals, along with other straits in international waters.

 

This report from Marine Insights gives a great perspective on the subject:
https://www.marineinsight.com/maritime-law/understanding-international-waters-boundaries-jurisdiction-and-legal-implications/

Also:

https://www.economist.com/the-economist-explains/2021/02/03/how-are-maritime-boundaries-determined

Another map:

Read the following:
https://www.aljazeera.com/news/2025/6/23/can-iran-really-shut-down-the-strait-of-hormuz 

So, what does international law state when two or more countries have a narrow strait between them? How is the international boundary decided then? Here is a depiction of the India-Sri Lanka international border:

Unlike on land, water boundaries cannot be marked. The above map gives an idea of how the boundaries are determined. While the traffic on the Palk Strait is negligible, one cannot say the same about the straits of Hormuz and others. The South China Sea is another example of disputed water territories. Here an estimated US$3.36 trillion worth of global trade passes through, which accounts for a third of the global maritime trade.

The rest of the chapter will deal with various treaties and conventions regarding admiralty law and how borders in seas and oceans are determined.