Argentina seeks tribunal order to halt UK Falklands oil drilling

Argentina has requested the International Tribunal for the Law of the Sea to order Britain to suspend oil drilling in the North Basin of the Falkland Islands. The legal challenge targets the Sea Lion oilfield, a joint venture between Britain’s Rockhopper Exploration and Israel’s Navitas Petroleum, which holds an estimated 1.7 billion barrels of oil.

Proceedings began in Hamburg on Tuesday, with Argentina seeking provisional measures to halt the project. The Sea Lion field is located about 200 kilometres north of the Falkland Islands archipelago, a British overseas territory Argentina calls the Malvinas. Argentina's legal team argued that allowing drilling to proceed would cause irreparable damage to its sovereign rights over the continental shelf. The tribunal is expected to deliver its ruling on November 28.

Argentina seeks provisional measures to halt drilling

Argentina presented four specific requests to the Hamburg tribunal. It asked judges to prevent the start or continuation of exploitation at the Sea Lion project and to order Britain to refrain from granting any new permits. Argentina also requested the preservation of all information obtained during exploration and measures to protect the marine environment.

Marcelo Kohen, representing Argentina, argued that the resources of a disputed continental shelf cannot be exploited unilaterally. He mocked Britain's claim of 17th-century colonial sovereignty over the surrounding waters. Kohen stated hydrocarbon exploitation would place the islands among the 'highest ranks of wealth just below the principality of Monaco'. Argentina's agent, Ambassador Mario Oyarzábal, cited the islands’ 2021 census, noting it recorded 3,142 usual residents.

UK rejects tribunal jurisdiction over sovereignty

The United Kingdom firmly rejected the tribunal’s competence to rule on the case. Ellie Reeves, attorney general for England and Wales, stated Argentina seeks to further its sovereignty ambitions by requesting suspension of drilling. She claimed that such a move would kill the Sea Lion project, with 'disastrous consequences' for the Falkland Islanders and the companies involved.

The UK maintains the dispute is fundamentally about sovereignty, a matter it says the tribunal cannot adjudicate. British counsel argued that drilling would not begin until 2028, which is after an arbitral tribunal is expected to resolve Argentina's wider claim. Sam Wordsworth KC, UK counsel, added that a UN resolution cited by Argentina is not legally binding and that the law of the sea convention does not prohibit aggravating sovereignty disputes.

Legal framework and expert analysis

The hearing's scope is limited to provisional measures. The Hamburg tribunal can only issue such an order if it finds the future arbitral tribunal would have prima facie jurisdiction, that there is urgency, and that the right invoked is plausible. Argentina pulled out of a 1995 South Atlantic cooperation agreement with the UK in 2007, complicating the diplomatic context.

Jurist Marcelo Kohen, an adviser to the Argentine delegation, clarified that Argentina refers to sovereignty only to show that its claim to the continental shelf is plausible. Dutch expert Nico Schrijver also addressed the tribunal on sovereignty over natural resources. The proceedings are scheduled to last two days, concluding on Wednesday with a second round of arguments from each side.

Argentinian President Javier Milei has described the companies' activities as unlawful and imposed economic sanctions on individuals and firms involved in oil exploration around the islands. The tribunal's ruling on provisional measures will determine if drilling at Sea Lion is suspended before its planned start in January 2027.