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In the midst of the military battles occurring in the Arabian Gulf, there is a legal issue that is constantly being discussed, which is the freedom of maritime navigation in the Strait of Hormuz. This opens the door to the importance of reviewing the international legal development regarding how the world deals with the principle of freedom of navigation in maritime straits.

The history of disputes over freedom of navigation in commercial waterways: Freedom of navigation is a fundamental principle in international maritime law, ensuring that commercial vessels (and military ones in some cases) can pass freely through international waterways such as straits and canals, without unjustified interference from coastal states. This freedom is vital for global trade, as most maritime trade passes through "choke points" such as the Strait of Hormuz, the Malacca Strait, the Suez Canal, and Bab el-Mandeb. Disputes over this issue have led to diplomatic conflicts and wars throughout history, due to the tension between the sovereignty of coastal states and the rights of maritime nations to free access.

The early historical roots (17th century - 19th century): The intellectual roots date back to the 17th century, with the debate on "freedom of the seas" raised by the Dutch Hugo Grotius in his book in 1609, against the "closed sea" concept of the Englishman John Selden. Grotius advocated for freedom of navigation for all in the high seas, while others sought to impose control over strategic waterways.

Danish Sound tolls: Denmark imposed tolls on ships passing through Danish straits (the Øresund and the Baltic) for over 4 centuries, until they were abolished by the Treaty of Copenhagen in 1857.

The Turkish Straits (Bosporus and Dardanelles): The Ottomans controlled them, and the Sultan had the right to close them to foreign vessels, especially in times of war. This led to disputes with Russia and Europe, and the Gallipoli Campaign (1915-1916) in World War I witnessed a British-French attempt to control them.

The 19th century and artificial canals: With the construction of commercial canals, international agreements emerged to ensure freedom.

The Suez Canal: The Constantinople Convention (1888) established freedom of navigation for all nations, even in times of war, and prevented coastal states from closing it. Egypt did not gain full sovereignty until it was nationalized in 1956 by Gamal Abdel Nasser, leading to the Suez Crisis (1956) involving Britain, France, and Israel.

The Panama Canal: Similar agreements (such as the Hay-Bunau-Varilla Treaty of 1901) guaranteed freedom of passage.

The 20th century: From disputes to codification of law - the Corfu Channel case (1949): The International Court of Justice ruled that the passage of British ships through Albanian territorial waters was "innocent passage" not subject to interference, establishing a legal precedent.

The Montreux Convention (1936): Regulated the passage of warships through the Turkish straits, granting Turkey powers in times of war.

The Strait of Tiran (1967): Egypt's closure of it to Israeli navigation was one of the reasons for the Six-Day War, as Israel considered it a violation of freedom of navigation.

The United Nations Convention on the Law of the Sea: This is the greatest achievement, which came into force in 1994. It divided straits into two types: transit passage in narrow international straits (such as Hormuz, Gibraltar, and Malacca) – non-suspendable passage, including commercial and military vessels.

Despite this, the convention did not resolve all disputes, as the United States rejected it (but applies its provisions as customary law). Contemporary disputes (21st century) have continued, especially regarding the interpretation of "innocent passage" for warships and military activities in exclusive economic zones: the Strait of Hormuz: the most important global oil passage. Iran has threatened to close it several times.

The South China Sea: China's claims of a "red line" contradict international law, and the United States responds with "freedom of navigation" operations since 1979.

The Turkish straits: Disputes over the Montreux Convention, especially after the 2022 invasion of Ukraine.

Freedom of navigation has evolved from naval power disputes (Britain, the Netherlands) to an international legal system, but tensions continue between coastal states (which seek environmental and security sovereignty) and maritime powers (which emphasize free trade). Today, choke points like Hormuz and Bab el-Mandeb are sources of geopolitical tension, where any closure could threaten the global economy. The solution depends on adherence to international law and diplomacy, with a prominent role for the Security Council in the event of threats. This history shows that freedom is not absolute, but rather the result of a constant balance between sovereignty and common interests.

History teaches us important lessons, and any decision that opposes the public interest of the people will be met with resistance.