No. of Recommendations: 2
if an "eligible" ship refuses to pay the US' toll, will Trump the Conqueror order the Navy to seize or fire on the ship?
Right of Passage on the Open Sea
The right of passage on the open sea is a core principle of international law that ensures ships and aircraft from any sovereign state can navigate freely through international waters, subject only to the rules of international law uslawexplained.com+1. It is codified in Article 87(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS), which states that “ships of any flag may navigate, fish, and carry on other maritime activities in the high seas without restriction” Wikipedia.
Legal Basis
UNCLOS Article 87(1)(a): Guarantees freedom of navigation, fishing, and other maritime activities in the high seas.
Customary international law: Longstanding maritime norms, including the “freedom of the seas” principle, have been recognized for centuries Wikipedia.
Freedom of navigation operations (FONOPs): The U.S. Navy, for example, conducts missions to challenge what it considers unlawful or excessive maritime claims by other states uslawexplained.com.
Types of Passage
While the open sea is generally open to all, coastal states may impose certain limitations:
Innocent passage in territorial seas: Foreign vessels may pass through a coastal state’s territorial sea for the purpose of traversing it, proceeding to/from internal waters, or calling at facilities, provided the passage is continuous, expeditious, and does not infringe on the coastal state’s laws Tufts Self-Serve Blogs and Websites+1.
Transit passage through international straits: Applies when a strait is a natural passage between two coastal states or between a coastal state and the high seas, allowing ships to pass without restriction Tufts Self-Serve Blogs and Websites.
Significance
Economic: Over 90% of global trade moves by sea, so open passage is vital for supply chains uslawexplained.com.
Security: Ensures no single state can block international maritime traffic, maintaining global stability.
Geopolitical: States that claim excessive rights in contested waters risk undermining this principle.
Enforcement
UNCLOS: Provides the legal framework for resolving disputes over maritime rights.
International tribunals: The International Tribunal for the Law of the Sea (ITLOS) can adjudicate disputes.
State actions: States may challenge unlawful restrictions through diplomatic, legal, or military means, as seen in U.S. FONOPs uslawexplained.com.
In short, the right of passage on the open sea is a universal maritime freedom that underpins global trade, security, and cooperation, and is protected under both UNCLOS and customary international law.
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Fun part: If Spankee tries fees/whatever for Hormuz, the US may find *its* ports and various access points blockaded and fees charged. How done? By whom? Mines would work--to start. Precedent would already exist--duplicating what Spankee did at Hormuz, just DONE differently.
Are we having fun yet ???