TRUE OR FALSE. Does the toll project in the Strait of Hormuz mentioned by Iran and Donald Trump violate international law?

The French Minister of Foreign Affairs stated on Thursday that this tax would violate the principle of free movement of ships, guaranteed by the United Nations Convention. However, neither Iran nor the United States have ratified this convention. Therefore, they can avoid it.

Published on 09/04/2026 at 18:58.
Reading time: 4min.

Caption: A ship crossing the Strait of Hormuz, April 8, 2026. (SHADY ALASSAR / ANADOLU via AFP)

Soon a toll to cross the Strait of Hormuz? This project is “illegal” because “international waters are free for ships to move,” said the Minister of Foreign Affairs on France Inter on April 9. Jean-Noël Barrot reacted to Iran’s initiative to set up a secure passage during a two-week truce with the United States.

A proposal that caught Donald Trump’s attention. When asked about it by American media ABC News on April 8, the US president described the toll project as a “good thing.” On his Truth Social network, he also stated that “the United States of America will help streamline traffic in the Strait of Hormuz” and “a lot of money will be made.” Voices, including the European Union, are rising to demand respect for freedom of navigation. So, do Iran and the United States have the right to set up a toll in the Strait of Hormuz? Franceinfo separates fact from fiction.

In theory, the freedom of navigation is guaranteed by the United Nations Convention on the Law of the Sea of 1982. This principle applies to all seas and all international and territorial waters. Ships also have the right of “innocent” passage. This means they have the right to pass through international waters, even in Iran’s territorial waters in the strait, as long as they do not threaten peace or the coastal state’s security. Iran does not have the right to prevent them or make them pay for this passage.

“This natural strait operates under the cardinal principle of international maritime law, which is freedom of navigation,” explains Nicolas Mazzucchi, research director at the Center for Strategic Studies of the Navy. Only artificial canals like the Suez and Panama canals are subject to tolls.

Iran and the United States do not recognize this United Nations Convention. These two countries signed it but did not ratify it. They can therefore avoid it since they are not members and are not legally bound to abide by it. However, “in international law, if a state signals its intention to be a party to a treaty [by signing it], it should not take actions contrary to its purpose,” notes Leslie-Anne Duvic-Paoli, lecturer in law at King’s College London, an expert in international law and ocean governance.

Furthermore, “the freedom of navigation in international straits is generally considered a customary law norm,” meaning unwritten rules commonly accepted by states, explains the author of a book on the United Nations Convention on the Law of the Sea (L’Harmattan, 2011).

If the toll is implemented, other states have some recourse. But not legal recourse since neither Iran nor the United States are parties to the Law of the Sea Convention. “For states parties to the Convention, there is a mechanism for settling disputes. Without this Convention, it becomes very difficult,” says Leslie-Anne Duvic-Paoli. Therefore, the other possible course is diplomatic and economic pressure on Iran, or even on the United States, since Donald Trump mentioned a partnership with Iran on this toll.