The Montego Bay Convention

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The economic and political issues arising from the possession of these maritime areas regularly give rise to territorial claims. Sometimes they are part of a desire for regional expansionism, which can lead to unilateral restrictions on navigation and fishing rights.

We may also quote the dispute between Greenland (autonomous province of Denmark) and the island of Jan Mayen (Norway) in 1993. The dispute between Qatar and Bahrain (2001), the dispute between Ukraine and Romania in the Black Sea (2009) or the dispute between Canada and France (2009), Canada reproaching France for trying to claim exploration rights off the east coast of Canada by relying on its overseas territory of Saint Pierre and Miquelon.

The Convention, which has not been foreseen for closed seas, makes it difficult to apply it in the Mediterranean. Other seas, such as the South China Sea, are problematic because of the presence of archipelagos. It should also be recalled that 17 countries, including Israel, Syria, Turkey and Venezuela, have not signed the Convention, while 20 signatory countries have still not ratified the Convention, in particular the United States, Iran, North Korea and the United Arab Emirates.

The straits, at the heart of the strategy

Straits are compulsory passages where foreign vessels have unrestricted rights of passage subject to compliance with certain obligations. It is for the riparian States to determine by common agreement the waterways and, if necessary, to lay down rules, in particular as regards pollution and the safety of navigation. Five straits are of particular strategic importance:

- The Strait of Bab El Mandeb

- The Strait of Malacca

- The Turkish Straits: The Bosporus and the Dardanelles

- The Strait of Hormuz

This latter is located between Iran and Oman, connects the oil fields of the Persian Gulf to the Gulf of Oman, and to the Indian Ocean. In response to the Western oil embargo against Iran, Tehran regularly threatens to close the strait through which about 88 percent of all oil exported from the Persian Gulf to Asia (75 percent of Japanese oil imports) Western Europe and the United States. Oil tankers passing through this narrow passage carry 20 million barrels a day (suplying 133 large refineries in the Western Hemisphere or 1 month of consumption for a country like France). Its obstruction would block inside the Gulf 7 to 10% of the world Very Large Crude Carrier fleet.

A closure of the strait by Iran would be totally illegal because it was contrary to the principle of the law of the sea, which prohibited the suspension of navigation or interfered with its security in an international strait. The free transit of international navigation, without discrimination against any flag, is therefore de jure and no coastal State of the strait can claim to suspend its exercise, be it Iran or the emirate of Oman. If Iran were to carry out its threat, there can be no doubt that the United States and the major industrialized countries would not remain unresponsive. The United States has a strong military presence in the region, especially the Fifth Fleet based in Manama, Bahrain.

In accordance with the Montego Bay Convention, foreign ships and the United States Navy can cross the Strait of Hormuz unhindered via international corridors in the territorial waters of the Sultanate of Oman, provided they comply with the regulations Linked to the "passage in transit". However, the United States, Iran and the United Arab Emirates have not ratified the Convention; The Sultanate of Oman having ratified it.