·The Hindu·15 marks·250–350 words

Compare the legal and cooperative frameworks governing the Straits of Malacca-Singapore and the Strait of Hormuz. What lessons, if any, can Hormuz draw from the SOMS experience?

In this answer
  1. Legal frameworks: shared principle, unequal foundation
  2. Cooperative frameworks: a mechanism versus a vacuum
  3. Lessons for Hormuz

The Strait of Hormuz carried about 20 million barrels per day of oil in 2024, nearly 20% of global petroleum liquids consumption [1], yet it is governed with far less institutional cooperation than the Straits of Malacca and Singapore (SOMS). The contrast is less geographic than institutional.

Legal frameworks: shared principle, unequal foundation

  • Both are straits used for international navigation, where the UNCLOS right of transit passage applies.
  • All three SOMS littorals have ratified UNCLOS — Indonesia (1986), Singapore (1994), Malaysia (1996) [2] — giving a common binding baseline for claims and duties.
  • Iran has signed but not ratified UNCLOS [2]; obligations rest largely on customary law, making the regime harder to invoke and enforce.
  • SOMS littorals' historic territorial claims were absorbed into the UNCLOS bargain; in Hormuz, legal questions remain entangled with an active security conflict.

Cooperative frameworks: a mechanism versus a vacuum

  • The Cooperative Mechanism on Safety of Navigation and Environmental Protection (2007) gave practical effect, for the first time, to UNCLOS Article 43 on cooperation between user States and States bordering a strait [3].
  • Its Co-operation Forum, aids-to-navigation funding and coordinated patrols institutionalise routine, low-politics collaboration; the littorals periodically reaffirm keeping the Straits "free, open and safe" for shipping [3].
  • Hormuz has no standing littoral-plus-user-State body; safety is underwritten mainly by extra-regional navies, which deepens mistrust rather than diluting it.

Lessons for Hormuz

  • Begin functional, defer the political: navigational safety, surveys and pollution response are shared interests for Iran and Oman even amid disputes.
  • Rivalry is not disqualifying: former adversaries in Southeast Asia built durable maritime cooperation once economic stakes were recognised.
  • Bring user States in through Article 43-style burden-sharing; India's official monitoring of tanker transits reflects that stake [4].

Comparison suggests the decisive variable is whether littoral states convert shared economic dependence into institutions. A phased, IMO-facilitated mechanism starting with navigation safety and environmental protection is realistic — and for India, secure sea lanes advance the SAGAR vision of cooperative maritime order.

Sources

  1. 1U.S. EIA, "Amid regional conflict, the Strait of Hormuz remains critical oil chokepoint" (2025)20 million b/d, ~20% of global petroleum liquids consumption
  2. 2UN DOALOS, Chronological lists of ratifications of UNCLOSIndonesia/Malaysia/Singapore ratification dates; Iran absent from ratification list
  3. 3Maritime and Port Authority of Singapore, "Littoral States of the Straits of Malacca and Singapore Reaffirm Shared Commitment" (2026)Cooperative Mechanism (2007), first practical effect to UNCLOS Article 43, "free, open and safe" commitment
  4. 4News On Air (Prasar Bharati), "MEA debunks claim Iran blocking Indian ships in Strait of Hormuz" (2026)Indian government monitoring of Indian tanker transit through Hormuz

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