Transit rights: An international principle that cannot be negotiated

In an increasingly uncertain world, geopolitical developments in the Middle East have once again reminded us that maritime routes are not just lines on a map. They are the lifeblood of global trade, energy security, and economic stability. For Singapore, a small nation highly dependent on trade, navigational rights and freedoms are not an option, but an existential necessity.

As Minister for Foreign Affairs Vivian Balakrishnan emphasised in his statement in Parliament this week on the energy supply crisis, conflicts in the Middle East have direct impacts on Singapore, from rising energy prices to disruptions to global supply chains. Instability along one strategic route can have far-reaching effects throughout our region.

Under the United Nations Convention on the Law of the Sea (UNCLOS), straits such as the Strait of Hormuz, as well as the Straits of Malacca and Singapore, are considered Straits Used for International Navigation. In these straits, international law provides for the right of transit passage for ships and aircraft as a continuing right, not subject to suspension, and not subject to conditions such as permission or payment of fees.

Article 44 of UNCLOS states that a state shall not hamper or suspend transit passage. Many of the principles in UNCLOS, particularly those relating to freedom of navigation and passage through international straits, are widely considered to be part of customary international law. This means that they do not depend on the ratification of any treaty. Thus, even if a state has not ratified UNCLOS, it is still bound by customary rules such as the right of transit passage.

The importance of international routes such as the Strait of Hormuz and the Straits of Malacca and Singapore can be seen from global data. The Straits of Malacca and Singapore alone handles the transport of around 23.2 million barrels of oil per day, followed by the Strait of Hormuz at around 20.9 million barrels per day, in the context of a global flow of around 80 million barrels per day. This makes these straits among the most critical straits to the world economy.

However, recent developments in the Strait of Hormuz indicate a very worrying development not only from the geopolitical and economic perspectives, but also from an international legal perspective.

Initially, before the outbreak of this Middle East conflict, the Strait of Hormuz operated as an open international route, in line with the right of transit passage. However, after the United States and Israel launched military attacks on Iran in late February 2026, Iran responded by using drones and sea mines to threaten and attack ships, effectively imposing a functional blockade. Shipping traffic plummeted by 90 per cent, causing major disruptions to global supplies of energy and other essential materials.

Legislation to impose fees or tolls on the route has also reportedly been passed. This development marks a fundamental shift from transit passage as a right to conditional and selective access.

The principles of international law have long rejected such an approach. The International Court of Justice (ICJ) has ruled that passage through international straits is a right that does not require prior authorisation. This principle was later affirmed and developed in UNCLOS as a right of transit passage that cannot be suspended or obstructed.

Furthermore, geographical realities make the right of transit passage even more critical for Singapore. Under UNCLOS, territorial waters can extend up to 12 nautical miles. However, in the Straits of Malacca and Singapore, the width is less than two nautical miles in some parts. Thus, without the right of transit passage, international navigation in the Straits can be completely disrupted.

What is happening in the Strait of Hormuz today provides a clear picture of the future risks for Singapore. If navigational rights and freedoms become something that has to be negotiated or paid for, then the entire global trading system will be in jeopardy.

For a small country like Singapore that depends on an open global economy, this is an existential risk.

In this context, the Malay proverb "where the earth is trodden, there the sky is upheld" reminds us of the importance of respecting the rules-based international system everywhere. But the system itself must remain firm and consistent, and not change according to geopolitical pressures.

Singapore cannot negotiate deals for the right of transit passage to be respected, including agreements to pay any form of toll, without implicitly eroding this legal principle. To do so would be to transform a right into a privilege that can be withdrawn at any time.

The effects of this Middle East conflict are felt by the entire world. And ultimately, all countries, including in our region, will have to face its implications.

With the recent ceasefire agreed by the United States and Iran, the Strait of Hormuz may be opened and global supplies may be able to resume in the meantime. However, the impact of what has happened exposes the vulnerability of global trade supplies, and the effects will continue long after the ceasefire ends.

In this turbulent world, international principles and laws are anchors for a small country like Singapore because without them, we will drift with the currents of power.

@asiaone

In Parliament on Tuesday (April 7), Foreign Affairs Minister Dr Vivian Balakrishnan explained why it is important for Singapore to uphold the principle of right of transit passage, and not engage in negotiations on toll payment or safe passage for ships transiting through the Strait of Hormuz. #sgnews #Singapore #Parliament #MiddleEast #War #Shipping #Maritime

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The author is Singapore's Minister of State for Foreign Affairs and Social and Family Development. Permission required for reproduction.

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