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by dlubarov 27 days ago
The usual view of the international community is that everyone is bound by customary international law. This would remain the case even if the US or others violated it; the hypocrisy of other states wouldn't release any state from its obligations.

One can object to this notion of customary international law, but if we're going to say that laws of the sea don't matter here, then we must also give up the legal notion that the strait is Iran's (and Oman's) territorial waters. There's no consistent legal framework under which the strait is Iran's territorial waters, but not an international waterway.

There's the practical reality that Iran can extort ships anyway, even with no legal pretense. But then it's essentially just piracy, and anyone with a few boats or mines can do that, unless they're stopped by force.

2 comments

@dang I thought you banned this account for using the site for Israel propaganda?

https://news.ycombinator.com/item?id=48563886

> This would remain the case even if the US or others violated it;

Yeah, but laws are useless if it can't be enforced right? Trump claimed the US has first right's on Venezuela's oil. Apart from Venezuela, which other country has challenged that and promised to help them fight the Americans?

Right. Is your view that nothing can be done about the extortion? I think there are lots of ways other states could make it risky for ships to pay Iran; the US was at least attempting that before the MoU.
> Is your view that nothing can be done about the extortion?

Not really - see my other comments. I do however feel Iran would be justified in imposing a toll on countries that are hostile to it. Whether Iran can successfully do so is a different debate. In international law, often "might is right" approach gets away with a lot of things. If Iran finds the right political and military pressure, it could be partially successful.