Argentina Seeks Provisional Measures from ITLOS to Halt Sea Lion Oil Project in the Falklands
Cubierto por 3 fuentesPublicado
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On October 13, Argentina formally requested provisional measures from the International Tribunal for the Law of the Sea (ITLOS), based in Hamburg, as part of its dispute with the United Kingdom over the Sea Lion oil project, located in waters near the Falkland Islands. The request is part of an arbitration proceeding that Buenos Aires had initiated on September 28, after giving London a 14-day deadline to halt the project, a deadline that expired on October 12 without a favorable response.
What Argentina Is Requesting
According to the 49-page brief submitted to the tribunal and signed by Ambassador Mario Oyarzábal, Argentina is seeking four measures: that the United Kingdom prevent the start or continuation of Sea Lion's development, that it refrain from using information obtained during exploration to the detriment of Argentine rights, that it cease obstructing compliance with Argentina's environmental obligations, and that it not grant new permits that would aggravate the dispute. The claim is based on Article 290.5 of the United Nations Convention on the Law of the Sea, which allows ITLOS to issue provisional measures while the arbitral tribunal that will address the merits of the case has not yet been constituted.
The Project in Dispute
Sea Lion is operated by Israel's Navitas Petroleum, holding 65% of the project, and UK-based Rockhopper Exploration, with the remaining 35%, under licenses granted by the islands' government. Sources place the field about 220 kilometers north of the Falklands or, according to another reference, 107 nautical miles (198 kilometers) away, with estimated reserves of 1.7 billion barrels, of which 500 million would be recoverable. The development envisages an investment of USD 2.2 billion, production start-up by 2028, and capacity of up to 180,000 barrels per day over 30 years, with first-phase drilling scheduled for early 2027.
Environmental Risk and British Response
Argentina's submission cites the oil spill contingency plan drawn up by operator Premier Oil, according to which there would be a 30% probability of oil crossing the maritime boundary into Argentine waters after 30 days, and up to a 100% probability within 14 days for lighter crude. The United Kingdom rejected the claims: Foreign Secretary Ed Miliband called Argentina's attempts to pressure companies unacceptable, while Minister Uma Kumaran described them as a campaign of economic coercion and announced that London will invoke the Protection of Trading Interests legislation to shield British companies from extraterritorial measures. In parallel, an Argentine federal judge had ordered, a month earlier, the temporary suspension of drilling and construction work linked to Sea Lion, and supplier Halliburton confirmed it will withdraw from the project.
Next Steps
ITLOS confirmed receipt of the request and set public oral hearings for November 10 and 11 in the case registered under number 37. Among the tribunal's 21 judges is Argentina's Frida Armas Pfirter, who became the body's vice-president on October 1, while the United Kingdom does not have a sitting judge of its own, though it may appoint one ad hoc. Argentina's strategy draws on precedents such as the 2015 Ghana-Ivory Coast case, in which the tribunal prohibited new drilling in a disputed area, and seeks to have ITLOS act on the basis of environmental obligations without ruling on the sovereignty of the islands.
