On October 13, 2023, Argentina asked the International Tribunal for the Law of the Sea (Itlos) to halt the oil project near the Falkland Islands. This request follows Britain's approval of drilling, which Argentina considers to be without its consent and a violation of its rights over the seabed.
Background of the Case and Interim Request
Argentina previously requested arbitration against Britain on September 28 and gave London 14 days to stop the project. This deadline expired on October 12, and the Argentine government is now asking Itlos to issue interim measures to protect its rights and prevent serious harm to the marine environment.
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Britain's Position and Legal Challenges
The British Foreign Secretary, Edward Miliband, has rejected Argentina's claims and emphasized that Britain will firmly assert its jurisdiction. While Itlos operates under the United Nations Convention on the Law of the Sea, this convention cannot resolve issues related to territorial ownership. Therefore, any questions regarding the oil in this case revert to historical discussions and ownership of the islands.
Argentina's request to Itlos includes a request to halt production on the "Sea Line" project until arbitration proceedings are ongoing. The Argentine government has warned against the commencement of oil extraction, viewing it as an irreversible reality. Argentina seeks to utilize a 2015 decision in a maritime boundary dispute between Ghana and Côte d'Ivoire, where Ghana's oil operations continued but new drilling was prohibited.
Given that the "Sea Line" project is set to commence in early 2027, Argentina hopes that the tribunal can address this issue. However, Argentina's major challenge is to prove that the rights it refers to are "credible," while these rights are somehow linked to sovereignty over the islands.
If the tribunal issues any interim orders, it may provide an opportunity for Argentina to negotiate with Britain regarding the assessment of environmental risks associated with the project. Such discussions could be the first step towards cooperation on resources.
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