It might sound like piracy but the Strait is located in the overlapping territorial waters of the two countries. It’s narrower than parts of Chesapeake Bay.
So what?
The shipping lanes aren’t.
International law, primarily governed by the United Nations Convention on the Law of the Sea (UNCLOS), treats narrow waterways—especially straits used for international navigation—differently from open ocean. Key principles include ensuring transit passage for ships and aircraft, allowing continuous, expeditious navigation through territorial waters.
Key Principles for Narrow Waterways under UNCLOS:
Transit Passage (Straits): In straits connecting one part of the high seas/exclusive economic zone (EEZ) to another, all ships and aircraft enjoy the right of transit passage, which cannot be suspended by the coastal state.
Innocent Passage (Territorial Seas): Inside a nation’s 12-nautical mile territorial sea (if it is not an international strait), vessels have the right of “innocent passage.” This must be continuous and expeditious, and not prejudicial to the peace, good order, or security of the coastal state.
No Transit Fees: Coastal states cannot demand payment simply for ships passing through a strait. However, they can impose limited fees for specific services, such as pilotage or tugging.