World · Latin America · 2 hrs ago

Expert warns Argentina’s Sea Lion case may fall outside tribunal’s reach

Expert warns Argentina’s Sea Lion case may fall outside tribunal’s reach

Argentina is challenging the UK’s Sea Lion oil project north of the Falkland Islands, which Argentina calls the Malvinas.

The International Tribunal for the Law of the Sea will hear Argentina’s request in Hamburg on November 10 and 11.

A legal expert warns the case may fail on jurisdiction, because the tribunal may not be able to consider it.

The tribunal handles disputes about the UN law of the sea treaty, while territorial sovereignty disputes have traditionally gone to the International Court of Justice.

The case turns on who owns the islands: Argentina says the UK is illegally exploiting the continental shelf, while the UK claims sovereignty and supports the islanders’ right to self-determination.

Sea Lion is operated by Israel’s Navitas Petroleum and Britain’s Rockhopper Exploration, about 200 kilometres north of the islands.

If the tribunal proceeds, it would be the first time an aspect of the dispute goes before an international court, and the UK is expected to defend its position as Argentina pursues legal and diplomatic options.

1 source

Related

What people are saying

Donald R. RothwellProfessor of international law at the Australian National University
could fall at the first hurdle
via MercoPress
If the UK has sovereignty over the islands, then Sea Lion is a legitimate act of exploration and exploitation of the continental shelf. If the Argentine claim over the islands is valid, then the UK’s conduct is in breach of UNCLOS.
via MercoPress
Absent the underlying territorial dispute, these would all be legitimate issues for ITLOS determination.
via MercoPress
London will inevitably robustly defend its position on all fronts
via MercoPress