'[I]f any state were to attack Iranian territory without a decision of the UN Security Council, the question would arise whether the provisions for transit passage under UNCLOS would continue to apply or whether Iran could invoke the laws of war and take action against tankers, especially if they are deemed to be assisting the "enemy."'-- Nilufer Oral (left), Deputy Director of the Istanbul Bilgi University Marine Law & Policy Research Center in Turkey, posing a knotty hypothetical in her ASIL Insight entitled "Transit Passage Rights in the Strait of Hormuz and Iran’s Threats to Block the Passage of Oil Tankers." (Strait map credit; photo credit) Oral responds to her own hypothetical by noting that legal requirements of necessity and proportionality would rein in would-be resorts to acts in self-defense. Taken as a whole, the Insight channel a useful course through the shoals of U.N. treaties, International Court of Justice jurisprudence, jus ad bellum, and other relevant sources of law.
Sunday, June 10, 2012
(Taking context-optional note of thought-provoking quotes)