Singapore joins call to restore unimpeded transit in Strait of Hormuz after UN veto

The Battle for the ‘Constitution of the Oceans’

In the complex arena of global maritime governance, the United Nations Convention on the Law of the Sea (UNCLOS) is often described as the “constitution for the oceans.” It provides the essential legal framework within which all activities in the seas must be conducted to ensure stability and order.

However, recent diplomatic frictions highlight a growing trend: the tension between established international law and the geopolitical interests of powerful nations. When draft resolutions aimed at reaffirming these rights are vetoed in the UN Security Council—as seen recently with the actions of Russia and China—it creates a precarious environment for global shipping.

For the international community, the challenge moving forward is maintaining the “universal and unified character” of UNCLOS in an era of increasing geostrategic contestation.

Why Maritime Law is a Survival Tool for Small States

For nations like Singapore, Fiji, Jamaica, and Malta, the adherence to the international rule of law is not merely a diplomatic preference—it is a matter of survival. These “steadfast stewards” of UNCLOS rely on a predictable, rules-based system to protect their sovereignty and economic interests.

As an international maritime and shipping hub, Singapore specifically views the maintenance of open sea lines of communication as paramount. When the rule of law is undermined, small states face disproportionate risks, as they lack the naval might to enforce their rights through power alone.

The trend of small states forming joint coalitions to deliver statements at the UN General Assembly suggests a strategic shift. By banding together, these nations amplify their voice, insisting that the faithful implementation of UNCLOS is the only way to ensure global stability.

Navigating the Strait of Hormuz: Transit Rights vs. Geopolitics

The Strait of Hormuz serves as a critical case study in the struggle for unimpeded transit. The right of transit passage is not just a treaty-based right but is “firmly entrenched in customary international law.”

This distinction is vital: because it is customary law, the right of transit is binding on all states, regardless of whether they have formally signed or ratified UNCLOS. This ensures that the flow of global trade cannot be legally halted by the whim of a bordering state.

The Legalities of Transit Passage

Under Article 44 of UNCLOS, the rules regarding transit passage are unequivocal. States bordering such straits are prohibited from hampering or suspending the transit of ships and aircraft. This inherent right is characterized by several key factors:

• No Prior Authorization: Ships and aircraft possess an inherent right to traverse without seeking permission.
• No Contingencies: The right of transit is not dependent on the payment of a levy or the acquisition of a license.
• Universal Application: These rights apply during both peacetime and periods of war.

Future Outlook: Maritime Security and International Cooperation

The current situation in the Middle East and the subsequent UN vetoes underscore a “great concern” for the future of maritime security. The trend points toward a world where the legal frameworks provided by the UN Charter and UNCLOS will be tested more frequently by competing naval forces.

To counter this, there is an increasing call for all concerned parties to respect the right of transit passage. The goal is to ensure that geostrategic contestation does not lead to the suspension of essential sea lines, which would have catastrophic effects on global trade and stability.

For further reading on how international law shapes trade, explore our guides on global shipping regulations and the role of the UN in maritime security.

Frequently Asked Questions

What is the “right of transit passage”?
It is the inherent right of ships and aircraft to traverse straits used for international navigation without prior authorization, licenses, or levies, as reflected in UNCLOS.

Does a country have to be a party to UNCLOS for transit rights to apply?
No. Because the right of transit passage is entrenched in customary international law, it is binding on all states regardless of their status as a party to UNCLOS.

What does Article 44 of UNCLOS state?
Article 44 explicitly states that states bordering straits used for international navigation shall not hamper or suspend transit passage.

Why is UNCLOS critical for small states?
For small states, the international rule of law is a matter of survival, providing a legal shield and a predictable framework for ocean governance that does not rely on military power.