MercoPress. South Atlantic News Agency

London says it will abide by any law of the sea provisional measures as it moves to shield its companies

The UK is preparing measures under its Protection of Trading Interests law to stop British firms and individuals being forced to comply with extraterritorial Argentine rules

The British government said on Tuesday that any provisional measures ordered by the International Tribunal for the Law of the Sea are binding and that the United Kingdom complies with its international obligations, on the same day Argentina asked that tribunal to halt the Sea Lion oil project in Falklands waters. In parallel, London announced it will use its protection of trading interests legislation to shield British companies from Argentine sanctions.

“The UK’s established position is that provisional measures ordered under the applicable international legal framework are binding on the parties, and that the UK complies with its international obligations,” Overseas Territories Minister Uma Kumaran told the House of Commons. She confirmed that Argentina formally notified the start of arbitration under the United Nations Convention on the Law of the Sea on September 28, that the British embassy in Buenos Aires delivered its formal response on Sunday 11, and that the United Kingdom will engage with the process. She added that the notification is not a judgment, does not invalidate licences issued by the archipelago’s government and does not require activity to stop.

With the two-week deadline set by President Javier Milei expired, the Argentine government said on Tuesday it had asked the Hamburg-based tribunal for provisional measures to “preserve Argentina’s sovereign rights over its continental shelf” and prevent activities it considers “unilaterally and illegally” authorised by the United Kingdom.

In a joint statement, Britain’s Department for Business and Trade and the Foreign Office said they are preparing measures under the Protection of Trading Interests legislation, which allows the government to prevent UK companies and individuals from being compelled to comply with extraterritorial foreign rules. The statement made clear it does not seek to restrict British trade with Argentina. “This makes it clear in no uncertain terms that this Government will act where Argentina seeks to impede lawful UK commercial activity,” said Business Secretary Jonathan Reynolds. “Argentina’s attempts to intimidate businesses and individuals engaged in legitimate commercial activity are unacceptable,” added Foreign Secretary Ed Miliband.

According to The Guardian, the United Kingdom has also asked Interpol to reject Argentine requests for red notices against individuals linked to Sea Lion, calling them “politically motivated”. Interpol’s constitution prohibits it from intervening in matters of a political character.

Argentina argues that unilateral exploitation contravenes UN General Assembly resolutions 2065 and 31/49. In previous cases, tribunals under the Convention have declined to rule on territorial sovereignty disputes; Kumaran confirmed London will challenge any attempt to use the procedure for that purpose. In the 2013 referendum, on a 92% turnout, 99.8% of voters chose to retain the status of a British overseas territory.