In a statement that has sent ripples through the international community, former US President Donald Trump has declared that the United States will officially designate the Strait of Hormuz as American territory once Iran is defeated, while this announcement comes amidst the backdrop of an ongoing conflict with Iran that began on February 28, characterized by a rigorous US naval blockade. Trump's claim raises significant questions about the intersection of geopolitical power and international maritime law, as the Strait of Hormuz remains one of the most strategically sensitive chokepoints in the world.
The Geography of a Global Chokepoint
The Strait of Hormuz is a narrow waterway that serves as the sole maritime link between the Persian Gulf and the Gulf of Oman, eventually leading to the open ocean. Geographically, it's flanked by Iran to the north and Oman and the United Arab Emirates to the south. At its narrowest point, the strait spans only 34 kilometers. Under standard geographical and legal definitions, this waterway falls within the territorial waters of Iran and Oman, making Trump's claim of American sovereignty a direct challenge to established borders.
International Law and UNCLOS Regulations
The governance of the world's oceans is primarily dictated by the United Nations Convention on the Law of the Sea, often referred to as the constitution of the seas. UNCLOS provides a clear legal framework that contradicts the possibility of a non-coastal state like the US claiming the strait as its own territory. Specifically, Article 34 of the convention clarifies that the legal status of waters forming international straits doesn't affect the sovereignty or jurisdiction of the coastal states bordering those straits. This means that legally, the waters, the seabed beneath them, and the airspace above them remain under the sovereign control of Iran and Oman.
The Right of Transit Passage
On top of that, Article 38 of UNCLOS establishes the right of transit passage for all international vessels. This ensures that merchant and military ships from all nations can navigate through such straits continuously and expeditiously, provided they don't threaten the peace or security of the coastal states. This legal provision ensures that the Strait of Hormuz remains an international thoroughfare, preventing any single nation from permanently closing it or claiming exclusive ownership that would override the rights of other nations.
Strategic Motives Behind the Claim
Legal experts suggest that Trump's assertion is driven more by the politics of control and strategic signaling than by a realistic expectation of legal recognition, while since the start of the war, Iran has exerted significant control over the region, frequently intercepting civilian vessels. In response, the US has maintained a blockade to counter Iranian influence, while trump's statement on August 12, claiming full US control over Hormuz, reflects this power struggle. The reality on the ground shows a drastic reduction in maritime traffic; while over 130 ships used to pass through daily before the war, that number has plummeted to just 14 ships per day recently.
Global Energy Impact and Economic Consequences
The importance of the Strait of Hormuz can't be overstated, as it's the primary artery for global energy trade. According to the EIA, in the first quarter of 2025, an average of 2 point 04 crore barrels of oil passed through the strait daily. However, by the first quarter of 2026, the impact of the war caused this volume to drop to 1 point 46 crore barrels per day. Similarly, Liquefied Natural Gas (LNG) transit fell from 11 point 7 billion cubic feet per day to 7 point 3 billion cubic feet per day during the same period. This disruption has a direct impact on Asian economies, including India, China, and South Korea, which received 52 percent of the LNG passing through the strait in 2024. The heightened tension led to Brent crude rising by 1 dollar 45 cents to reach 88 dollars 52 cents per barrel on August 14, marking a nearly 6 percent increase within a single week.