Tolling the Strait. Is Iran acting with reason in a Trumpian world?

This may be heresy to some, but charging for passage through the Strait of Hormuz seems reasonable in a pro-Trump world. Michael Pascoe argues.
If you accept, contrary to Richard Marles, that the United States has dismantled the “international rules-based order” and that, under Trump’s rules, anything they could get away with is now legal, Iran’s toll passage through its own territorial waters seems relatively plausible.
Most importantly, the idea of opening the Bosphorus while the US is blockading Iranian ports is Trump-level madness.
Tolls will become cheaper in the near term.
The standard scary headline about tolls — and the headline that almost everyone reads — was that Iran was charging $2 million per ship. This is misleading. That’s approximately how much for a supertanker Iran ($) is looking for Oil costs $1 per barrel (about $7 per ton). The tolls for most ships are obviously much cheaper.
In any case, this $1 per barrel is less than one percent of the price at which oil sells, and this is due to the rich profits that oil producers receive in current conditions. The toll will not be added to the price of oil, as the price is determined by the usual interaction of supply and demand in a supply-constrained environment.
If you want cheaper oil, fertilizer and more, you will do whatever it takes to open the strait and lift the blockades. It is faster and cheaper to pay the price and lift the blockade than to continue the war, especially in terms of human lives.
As for the “legality” of such a price, there are international lawyers who support Iran’s case. Yes, there are always lawyers defending every case, but the key element is that Iran, like the US and Israel, has never ratified the United Nations Convention on the Law of the Sea (UNCLOS), which stipulates that charging would be illegal.
Economist reports Most, but not all, legal experts argue that the “right of innocent passage” predated UNCLOS and became customary international law. Basically, the air in question is “air”
It is imposed on those who do not have the power to resist, by those who have the power to do so.
Google customary international law (CIL) and you will see examples such as the promotion of state sovereignty and diplomatic immunity and the prohibition of genocide, non-refoulement and the prohibition of torture; all of which the United States and/or Israel are accused of violating with impunity.
The breakdown in economic data keeps the Middle East in focus
Tolls and piracy
In the case of CIL maritime customs, for example, the United States engages in acts of piracy by seizing ships on the high seas because it gives itself the power to unilaterally impose sanctions on any nation or person it wishes. That’s it for maritime customs.
It was always like this. Britain’s state-sanctioned piracy against the Spanish was crucial to Queen Elizabeth I’s government finances. Liz herself was a direct investor in the pirate operations. Queen Liz, King Donald, same.
(The most egregious and blatant current example of the Trump gang’s violation of diplomatic CIL is its sanctions against UN Special Rapporteur Francesca Albanese.)
As for Iran’s pricing policy, supporters cite fees on the Suez and Panama canals and Türkiye’s Bosphorus and Dardanelles. The canals are quite different, they are built as national infrastructure, but I will come back to the Suez case.
The Turkish straits are entirely within Türkiye’s territorial waters, covered by its own 1936 treaties and outside UNCLOS.
The Strait of Hormuz is, of course, shared by Iran and Oman, so for relative acceptability Iran can only charge ships passing through its waters and cannot block or threaten ships in Oman. In normal times, ships enter from the Oman side at the narrowest point and exit from Iranian waters.
But what basis could Iran tolls have other than Trump-style “because it might”?
Restructuring fee
The extensive damage done to Iran’s infrastructure by the illegal American/Israeli war will need to be repaired. Buckley has the chance to receive compensation from the United States and Israel.
It makes sense to me that the fees paid for reconstruction and the prevention of international stagnation are not considered unreasonable by countries that approve of the illegal war that has been waged.
(I’m looking at you, Anthony Albanese)
or aided US military actions, or at least did not speak out against the war, so that goes for pretty much everyone. However, the only real cost to nations would be the slightly reduced tax revenue generated by the slightly reduced oil profits of oil producers.
Singapore’s Minister of Foreign Affairs made a strong case In principle, it is reassuring not to negotiate safe tolls, as the Strait of Malacca carries traffic that is much more important to us.
But America has been undermining “principles” for decades.
Trump has finally destroyed what was left of the rules-based structure.
And since everything is relative now, there is the principle of paying a toll to an attacked country alongside the principle of easing (effectively paying) sanctions to the attacking country, just as the US has Russian oil again.
The financial and human cost of a naval operation to open and keep the strait open would be greater for taxpayers than paying a toll.
Enacting a temporary “reconstruction” toll system would be an important part of truly achieving peace in the region, perhaps even returning to the foundation of the 2015 Joint Comprehensive Plan of Action that Trump destroyed in 2018.
But no U.S. agreement is worth the Sharpie mark they might have signed.
Suez precedent
Meanwhile, in the 1956 Suez Crisis, triggered by President Nasser’s nationalization of the canal, the British, French, and Israeli attack on Egypt was militarily successful and a complete failure for the former imperial powers. The attackers withdrew and Egypt retained the canal. It is often seen as the humiliating end to Britain’s imperial pretensions, the beginning of the end of Britain’s “East of Suez”.
Three years earlier, the UK and US had conspired to overthrow Iran’s secular democratic government in a coup to install the Shah as a puppet despot after the government nationalized the British-controlled oil industry.*
The wheels of the karma bus may turn slowly, but the bus is still approaching.
As previously mentioned here, Trump’s “trip” to Iran will accelerate America’s withdrawal from the Middle East and become the American equivalent of the Suez Crisis.
Orban’s death is a gain for the EU, a big loss for Benjamin Netanyahu
The wars in Gaza, Lebanon, and Iran have greatly weakened American approval of Israel. While Trump boasts that the US no longer needs Middle East oil, it’s not just the MAGA brigade who are wondering why it still has multiple military bases and 40,000 to 50,000 personnel in the Middle East, as well as the odd carrier task force.
Trump’s struggle to leave the Strait of Hormuz issue to Australia and other countries he claims “did not help” him attack Iran could plausibly be resolved through diplomacy and tolls.
Call them interims, call them pilot wages, call them restructuring contributions, call them anything you want; Pragmatism can work when laws no longer work.
Historical footnote:
It was Australian money who discovered oil in Iran, founding the Anglo-Persian Oil Company, which later became BP. William D’Arcy was 17 when his family emigrated from England to Australia in 1866. Sixteen years later he worked as a solicitor in Rockhampton and became a partner in a mining venture that later became the Mount Morgan Gold Company, making D’Arcy, the largest shareholder, fabulously wealthy. He took his fortune back to England to spend it on stately homes, the good life and financing oil exploration in Iran. As part of the “Great Game” between Britain and Russia, the British Government supported D’Arcy’s negotiations with the Shah to secure oil concessions over much of the country. D’Arcy was facing bankruptcy when the last well drilled in violation of the stop order hit black gold. But that’s another story.
Trump’s Madness. What will be his next criminal rampage?
Michael Pascoe is an independent journalist and commentator with five decades of experience in print, television and online journalism here and abroad. His book, Summertime of Our Dreams, was published by Ultimo Press.


