Controversy over control of the Strait of Hormuz has reignited as U.S. President Donald Trump announced the resumption of a maritime blockade against Iran and declared that the U.S. would collect tolls from vessels passing through the strait.

Given that the Strait of Hormuz is a natural waterway where tolls cannot be collected under international law, and that such concerns have been raised within the Trump administration itself, the move is expected to trigger significant controversy if implemented.

On July 13 (local time), President Trump stated via his social media platform, Truth Social, that in exchange for the U.S. military ensuring the safety of commercial vessels passing through the Strait of Hormuz, the U.S. would collect 20 percent of the cargo loaded on those ships as a toll.

He had previously expressed the position during negotiations to end the war with Iran that the U.S. could potentially collect tolls in the Strait of Hormuz.

On June 20, after signing a memorandum of understanding (MOU) to end the war with Iran, he drew a line by stating that Iran could not collect tolls, but argued that if a final peace agreement were not reached, the U.S. could collect tolls as compensation for services provided to Middle Eastern countries.

However, President Trump's argument that it is unacceptable for Iran but acceptable for the U.S. contradicts the positions previously stated by his close aides, including Vice President JD Vance and Secretary of State Marco Rubio.

During a press conference on June 18 regarding the MOU to end the war with Iran, Vice President Vance stated, "Tolls should not be imposed on international waterways."

Around the same time, Secretary Rubio also emphasized his opposition to Iran imposing tolls, stating, "No nation can collect tolls or fees in international waterways. This is current international law."

At a Gulf Cooperation Council (GCC) meeting last month, Secretary Rubio also urged the international community to respond firmly to Iran's attempts to impose tolls, stating, "International waterways are not the property of any specific nation; this is a fundamental principle of the world."

As these officials pointed out, the act of collecting tolls in the Strait of Hormuz is highly likely to violate explicit provisions of international law or customary law that has existed for centuries.

According to the United Nations Convention on the Law of the Sea (UNCLOS), even if a waterway within a strait is within a specific nation's territorial waters, the "right of transit passage" takes precedence over the sovereignty of the coastal state. Therefore, obstructing vessels that are proceeding through the strait without delay for the purpose of transit is considered illegal.

While imposing tolls for the purpose of transit is explicitly prohibited, fees can be charged in exchange for specific services such as pilotage, rescue operations, or mine clearance.

The United States has not signed UNCLOS, and while Iran has signed it, it has not ratified it.

However, even before the convention was established in 1982, a dominant customary international law existed worldwide that the high seas could be navigated freely.

This means that even for countries that have not signed or ratified the convention, ensuring free trade and navigation through public waters is a law that humanity should naturally observe.

The U.S. has consistently maintained that it is impermissible for Iran to collect tolls in Hormuz, citing these international law provisions and customary law.

Yet, now that the MOU to end the war has effectively collapsed and there is speculation that the resumption of war is imminent, the U.S. is arguing that it can collect tolls.

The New York Times pointed out that President Trump and his staff have provided no explanation as to how President Trump's statement that day—that the U.S. would collect tolls—can be reconciled with the positions publicly stated by Vice President Vance or Secretary Rubio.

(Photo: AP, Yonhap News)