Berliner Boersenzeitung - Argentina Seeks International Tribunal Order to Halt UK Oil Drilling in Disputed Waters

Argentina brought its legal challenge against British oil exploration in the disputed Malvinas Islands before the International Tribunal for the Law of the Sea (ITLOS) in Hamburg on Tuesday, seeking urgent provisional measures to halt drilling operations.

During the first day of hearings, Argentina’s delegation, comprising government officials and international law specialists, presented two primary arguments: that the United Kingdom lacks the authority to unilaterally exploit natural resources in a territory with unresolved sovereignty status, and that oil extraction would inflict irreversible damage that no future court ruling could rectify.

Ambassador Mario Oyarzábal, Argentina’s agent before the Tribunal and legal adviser to the Foreign Ministry, emphasized the urgency of the request. "What is at stake cannot be restored," Oyarzábal stated. "Hydrocarbons are non-renewable resources, and their extraction is irreversible." He argued that allowing drilling to proceed would create a fait accompli before international arbitration could address the underlying dispute.

The case targets the Sea Lion project, led by Navitas Petroleum and Rockhopper Exploration in the North Malvinas Basin. The development plan involves 23 production wells, with additional phases under consideration. Argentina contends that the project threatens its rights over continental shelf resources and poses significant environmental risks.

The Argentine delegation warned that contingency plans submitted by one of the participating companies indicate that an oil spill could reach undisputed Argentine waters within 30 days. In such a scenario, Argentina argued it would be forced to coordinate emergency responses and bear the environmental consequences of activities it has not authorized.

Beyond immediate environmental concerns, the case is deeply rooted in the long-standing sovereignty dispute between the two nations. Argentina asserted that the United Kingdom is attempting to unilaterally exploit resources belonging to a territory whose decolonization process remains unfinished under international law.

The delegation cited United Nations General Assembly Resolution 2065, adopted in 1965, which recognized the existence of the dispute and urged both countries to find a peaceful solution through negotiations. They also referenced Resolution 31/49 from 1976, which called on both parties to refrain from unilateral decisions that would alter the situation while the UN-recommended process is ongoing.

The United Kingdom responded by seeking the outright dismissal of Argentina’s request. In an official note dated November 2, 2026, obtained by Energy Report, London argued that Argentina failed to meet the legal requirements for provisional measures.

The UK raised four specific objections during its presentation. First, it challenged whether the arbitral tribunal established under Annex VII of the Law of the Sea Convention has prima facie jurisdiction over the dispute. Second, it argued that Argentina’s claimed rights are not sufficiently plausible. The UK further maintained that there is no risk of irreparable harm and that the situation does not meet the urgency threshold required for provisional intervention.

ITLOS clarified the scope of its current proceedings. The Tribunal is not being asked to rule on sovereignty over the Malvinas Islands or issue a final judgment on the validity of oil licenses at this stage. Instead, its task is to determine whether provisional measures should be ordered to protect the rights of both parties while the arbitral tribunal examining the main dispute is established.

The first round of arguments concluded on Tuesday morning with two sessions of presentations. The United Kingdom delivered its afternoon session seeking dismissal of the filing.

The proceedings occur against a backdrop of heightened diplomatic activity. On Monday, Princess Anne, sister of King Charles III, arrived in the Malvinas Islands to begin an 11-day visit accompanied by her husband, Vice Admiral Sir Timothy Laurence.

The second and final day of hearings is scheduled for Wednesday, November 11. Argentina’s delegation will present its arguments again in the morning, followed by the United Kingdom’s final presentation. The Tribunal will then assess both sides’ arguments to decide whether to grant the provisional measures requested by Buenos Aires.

(F.Schuster--BBZ)