MercoPress. South Atlantic News Agency

Hamburg hearing opens as Argentina seeks to halt Sea Lion and the UK disputes jurisdiction

Because the United Kingdom chose the International Court of Justice for such disputes and Argentina opted for the Hamburg tribunal, the merits of the case must be settled by an arbitral tribunal

The International Tribunal for the Law of the Sea began hearing Argentina and the United Kingdom in Hamburg on Tuesday over Argentina’s request for provisional measures to halt the Sea Lion oil project north of the Falklands. Argentina argued that the resources of a disputed continental shelf cannot be exploited unilaterally, while the United Kingdom rejects the tribunal’s competence to rule on what it considers a question of sovereignty.

“The islanders cannot appropriate the resources of the disputed continental shelf,” said Argentina’s agent, Ambassador Mario Oyarzábal, presenting his country’s four requests: that the UK prevent the start or continuation of exploitation at Sea Lion, refrain from granting new permits, preserve information obtained during exploration and protect the marine environment. Oyarzábal cited the islands’ 2021 census, with 3,142 usual residents, of whom 1,625 hold the residence status granted by the Governor, and said those resources “belong to the Argentine people”.

Jurist Marcelo Kohen, an adviser to the delegation, said Argentina refers to sovereignty only to show that its claim to the continental shelf is plausible. “The land dominates the sea. That is why, and only why, we refer here to Argentine sovereignty,” he said, arguing that it is enough that the United Nations recognises the existence of the dispute. Argentina relies on UN General Assembly resolutions 2065 of 1965 and 31/49 of 1976, which call on the parties to avoid unilateral decisions, and warns that oil once extracted could not be restored by a later ruling. Dutch jurist Nico Schrijver, an expert on sovereignty over natural resources, also addressed the tribunal.

The United Kingdom is presenting its position in the afternoon session. Ahead of the hearing, Attorney General Ellie Reeves, who leads the British delegation, told The Times that the UK respects international law and the tribunal “but we don’t believe they have jurisdiction to hear a claim around sovereignty”. “We are absolutely clear that this is sovereign British territory,” she said. A spokesman for Prime Minister Andy Burnham insisted that “the hearing is not about the sovereignty of the Falklands” and that the islanders “have the right to develop their natural resources”, according to DPA.

Because the United Kingdom chose the International Court of Justice for such disputes and Argentina opted for the Hamburg tribunal, the merits of the case must be settled by an arbitral tribunal. Hamburg can only order provisional measures while that tribunal is being constituted, if it finds that the arbitral tribunal would have prima facie jurisdiction, that there is urgency and that the right invoked is plausible. Argentina’s Frida María Armas Pfirter, the tribunal’s vice-president, recused herself from the case, so Argentina appointed Raúl Vinuesa as judge ad hoc; the UK chose Vaughan Lowe. Both were sworn in on Monday.

The hearing concludes on Wednesday with a second round from each side. According to an expert consulted by Infobae, the decision could come around Friday, November 13. Sea Lion, operated by Israel’s Navitas Petroleum and Britain’s Rockhopper Exploration about 200 kilometres north of the archipelago, is expected to begin drilling in January 2027.

The hearing coincides with Princess Anne’s arrival in the islands on Monday and comes ahead of the debate on Argentina’s sovereignty defence bill in the Chamber of Deputies, scheduled for Thursday. The British government announced in October that it will introduce legislation to protect companies from possible Argentine sanctions.