By Judson Berger
Friday, July 18, 2026
Now that President Trump has backed down from momentarily
threatening to toll the Strait of Hormuz, it’s worth emphasizing how crucial it
is to sink the idea for good.
Secretary of State Marco Rubio was right when he warned last month that letting Iran or any other country
treat international waterways as theirs to toll would create “chaos”
and that “no country on earth has a right to charge for the use” of them. He
warned that such a practice could catch on “like a contagion.”
Rather than put that principle in writing, Trump
initially agreed to language in the original MOU that fell short of reaffirming
freedom of navigation in the strait, as Rich Lowry recounts. The president then compounded that
error by floating our own 20 percent fee on shipping, amid the collapse of the
MOU in response to Iran’s attacks — only to reverse course, saying he’d strike
trade and investment deals with Gulf nations instead.
Trump’s threat, to put it mildly, had no teeth. Andy
McCarthy provides a reminder of “rudimentary constitutional facts” —
as well as general U.S. recognition of free-transit principles in the United
Nations Convention on the Law of the Sea — that prohibited Trump from taking it
any further. He cautions that were Trump to carry it out, this “would induce
other nations to extort payments for transit through international waters and
straits of importance to international trade where they are in a position to
intimidate shippers”:
Free trade would
break down, which would be a catastrophe for nations heavily engaged in
international trade, such as our own.
The problem is that by even considering (or pretending to
consider) a toll, Trump kept the precedent that Iran is trying to set on life
support, when he should be pulling the plug — not only by using military and
diplomatic force to compel Tehran to abandon the plan, but by affirming and
operating according to the principle of freedom of navigation.
Indeed, Iranian Foreign Minister Abbas Araghchi taunted
the U.S. in response by saying Trump is “right” that “whoever provides secure
and safe passage of commercial vessels through the Strait of Hormuz should be
compensated for this service,” that 20 percent is too much, and that “we will
be fair.”
In other words, Iran maintains that strait-tolling is
legitimate and hopes to exploit the Trump administration’s fee-flirtation to
reinforce its position.
National Review’s editorial urges Washington to
adhere to and promote Rubio’s view, in part to attract allies in pursuit of the
goal of free transit: “That is the argument the U.S. should be making — and
enforcing.” As Leonardo Bernard, with the Australian National Centre for Ocean
Resources and Security, recently wrote, allowing a fee-based precedent to be
established would drive up consumer prices and destabilize waterways, though
international resistance would likely remain strong and resulting increased
shipping costs could incentivize alternative routes.
All the more reason for America — and all nations — to
keep tollbooths confined to the turnpikes where they belong.
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