What does Rubio mean by international waterways belonging to no state?

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International Waterways Are Not Subject to National Ownership

US Secretary of State Marco Rubio stated that international waterways do not belong to any single nation, emphasizing this as a fundamental principle of global order. He warned that accepting tolls for passage near territorial waters would set a dangerous precedent, potentially leading to widespread disruption and "total chaos" as this practice could proliferate globally. This assertion highlights the established international legal framework governing maritime navigation and the potential ramifications of altering these norms.
The Legal Status of International Waterways

International waterways, such as the Strait of Hormuz, are generally understood as bodies of water beyond national territorial seas that are open to all nations for navigation. The principle of freedom of navigation is a cornerstone of international maritime law, codified in agreements like the United Nations Convention on the Law of the Sea (UNCLOS). This convention, though not universally ratified by all nations, reflects customary international law and establishes rights of passage through various maritime zones, including international straits and the high seas.
Precedent and Global Implications

Rubio's warning suggests that allowing one nation to impose tolls on passage through an international waterway, even if adjacent to its territory, would undermine the established order. Such a practice, if accepted, could be emulated by other nations, creating a patchwork of access fees and restrictions. This could significantly impact global trade, which relies on the unimpeded movement of vessels through critical maritime chokepoints like the Strait of Hormuz, the Malacca Strait, and the Suez Canal. The economic and logistical consequences of such a scenario would be far-reaching, affecting supply chains and international commerce.
Historical Context of Freedom of Navigation

The concept of freedom of navigation in international waters has evolved over centuries, driven by the needs of trade and diplomacy. Historically, disputes over access to crucial sea lanes have led to conflicts, underscoring the importance of clear international rules. The modern international legal regime aims to prevent such disputes by ensuring that these vital arteries of global commerce remain accessible to all states, regardless of their proximity to national borders, thereby fostering stability and predictable international relations.

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What does Rubio mean by international waterways belonging to no state?

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