21 Jul 2026 · Every story has many sides
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Iran and Houthis Threaten Vital Global Shipping Routes

The institution designed to prevent arbitrary maritime coercion was the collective security treaty, specifically the mutual defense obligations binding the littoral states of the Persian Gulf and the Red Sea. It failed because no single naval power possessed the jurisdictional reach to patrol both chokepoints simultaneously, and the diplomatic consensus required to activate collective force had fractured into a dozen conflicting national interests. The question is not whether the attacks by Iran’s Revolutionary Guard and the blockade by Yemen’s Houthis were right, but whether any institutional architecture exists that could have stopped them if they were wrong.

In the Strait of Hormuz and the Red Sea, we observe a structural vacuum where law should be. Power here is not separated; it is concentrated in the hands of actors who face no institutional resistance. The Revolutionary Guard claims attacks on shipping, and the Houthis announce a blockade, yet there is no legislative body with the authority to sanction these acts, nor any judicial mechanism with the power to enforce restitution. The separation of powers, which in England prevents the King from making war without Parliament, has no analogue in this maritime theater. The executive power - the ability to strike - is fused with the legislative power - the ability to set the terms of navigation - and the judicial power - the ability to adjudicate dispute - has been washed away by the tide.

I recall how the Hanseatic League managed the Baltic. There, the merchant cities did not rely on a single emperor or king to police their waters. They created a confederation, a structure where the power to trade was checked by the power to exclude. If a city violated the common law of the league, it was cut off from the network. The check was economic, not military, but it was effective because it was distributed among all members. Today, the global shipping industry lacks such a confederation. The states that benefit from open seas are too numerous and too divided to act as a unified check on the states that threaten them. The result is not chaos, but a predictable erosion of liberty. Liberty is not the absence of ships in the strait; it is the presence of a structure that ensures no single actor can determine the price of passage.

Consider the Dutch Republic in the seventeenth century. They did not have a large standing army, but they had a States-General that controlled the purse strings. Any admiral who wished to sail needed the approval of the provinces. This separation of the power to wage war from the power to fund it prevented aggressive, unilateral conflicts. The Dutch could not afford to fight every war, so they fought only the wars that served their commerce. Today, the naval powers of the West possess the funding to fight everywhere, but they lack the political will to fight anywhere. The check has not disappeared; it has become a veto exercised by hesitation. The Houthis understand this. They know that the cost of disrupting trade is borne by the consumer, while the cost of intervening is borne by the taxpayer. The structure of incentives favors the blockade, not the defense.

The stakes are not merely the flow of oil, though that is the immediate concern. The stakes are the precedent of impunity. If a non-state actor can blockade the Red Sea with impunity, and a state actor can harass the Strait of Hormuz without consequence, then the law of nations becomes a suggestion rather than a constraint. This is not a moral failure; it is a structural one. The institutions that were supposed to constrain these actors - treaties, alliances, international courts - have been rendered formal and ineffective. They exist on paper, but they do not function in the water.

I must pause here to consider the human element. Imagine a tanker captain in the Strait of Hormuz in 2026, watching a drone approach from the shore. He does not see a treaty. He sees a missile. He does not feel the weight of international law. He feels the absence of structure. The institution that should protect him is a phantom. The check that should stop the attacker is a ghost. The captain is not a citizen of a republic; he is a passenger in a system that has forgotten how to govern itself.

The balance is not sound. The check under pressure is the collective security mechanism, and it is failing because it requires unanimity in a world of fragmentation. The structural principle at stake is simple: power must be divided so that ambition counteracts ambition. Here, ambition is unchecked. The Revolutionary Guard and the Houthis have found the weak point in the global order, not through superior force, but through the absence of coordinated resistance. They have exposed the gap between the declaration of rights and the reality of power.

We are left with a choice. We can continue to rely on the hope that the next minister will be more trustworthy than the last. Or we can build a structure that does not require trust. The first is the policy of the weak; the second is the practice of the free. The ships are still sailing, but the laws that guided them have been left behind on the dock.