Asymmetry in Maritime Claims
CASE A: US Stance on Iranian Waters in the Strait of Hormuz The Bloomberg article reports a MARAD advisory instructing American-flagged vessels to 'stay as far as possible from Iranian waters' in the Strait of Hormuz. This guidance is presented as a protective measure following an alleged 'harassment.' The implied narrative is one of Iranian aggression necessitating evasive action. The US, a
non-signatory to the United Nations Convention on the Law of the Sea (UNCLOS), nonetheless frequently invokes principles of freedom of navigation. However, the Strait of Hormuz contains significant portions of Iranian territorial waters, generally recognized as extending 12 nautical miles from its coastline. Any vessel transiting these waters without permission could be seen by Iran as a violation
of sovereignty, which, despite US rhetoric, is a foundational principle of international law. CASE B: US Freedom of Navigation Operations in Disputed Waters Conversely, the US Navy routinely conducts 'Freedom of Navigation Operations' (FONOPs) in waters claimed by other nations, often precisely to challenge what it deems 'excessive maritime claims.' For instance, the US Navy has conducted FONOPs
within 12 nautical miles of artificial islands and features in the South China Sea claimed by China since at least 2015, directly challenging Beijing's territorial assertions. The stated rationale for these operations is to uphold universal navigation rights, despite China's protests of territorial intrusion. In January 2023, the destroyer USS Milius sailed near the Paracel Islands, prompting a