Law of the Sea

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Rethinking the Hormuz Toll Debate: Can Coastal States Monetize Maritime Security?

“Some reconcilement of remotest mind, Leaves [H]ormuz rubyless, and Ophir chill.” Hart Crane (1899–1932) With the United States waging an illegal war against Iran to reshape the architecture of the Middle East, the architecture of the Hormuz Strait may now be reshaped, moving toward its own “Malacca Moment”: a shift toward cooperative arrangements between strait and user states to finance safe navigation. From the medieval customs collected by the rulers of Hormuz to the Portuguese cartaz system after 1515, successive powers sought to regulate maritime traffic through mechanisms that combined commercial, strategic, and security objectives. Yet, as Iran’s MFA spokesman recently put it, the Strait of Hormuz remained open “from the time of Adam” up until the US/Israeli aggression in February 2026.

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Two Weeks in Review: 10—21 August 2026

As we swelter through late summer, a hardy few have retained a cool hold over their critical faculties. In the last two weeks, attention has turned chiefly to the ICC: from the in absentia convictions of members of the Rapid Support Forces, to the removal of ICC Prosecutor Karim Khan, and a decision recognising that a State Party…

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Can “Safety Zones” provide Safety to Critical Submarine Cables?

Following the submarine cable cuts in the Baltic Sea, the Australian Federal Police was urged to commence an investigation at the behest of Subco, a private submarine cable operator, concerning the damage to two submarine cables. On the second August weekend, technicians detected faults on two submarine cables in an offshore area located in Australia’s EEZ.

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Institutional Discretion, Due Process and the Common Heritage of Humankind: The First Provisional Measures Orders in NORI and TOML v. the Authority

The first contentious proceedings ever brought before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (the Chamber) concern far more than a procedural dispute between two contractors and the International Seabed Authority (the Authority). They represent the first judicial examination of the legal limits of the Authority’s discretion when exercising the supervisory…

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The Spanish Supreme Court on Rejection at the Borders of Ceuta and Melilla: What About Human Rights at Sea?

Ceuta and Melilla are Spanish Autonomous Cities located on the northern coast of Africa and bordering Morocco. They occupy a singular position within the European legal order. They simultaneously constitute the external borders of Spain, the European Union, and the Schengen Area, making them the only land frontiers between Europe and Africa. For decades, these borders have been…

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