The Spectator likens Milei's Falklands push to Galtieri's

The British weekly publication The Spectator published an opinion column on Wednesday that draws parallels between Argentine President Javier Milei's campaign over the Falklands and the approach of former Argentine dictator Leopoldo Galtieri in 1982. The primary distinction, as presented by the columnist, Andrew Tettenborn, is that the current Argentine government employs legal measures instead of military force.

The author's argument revolves around what they term as "lawfare," which refers to the utilization of legal instruments for political purposes. Tettenborn's analysis suggests that Argentina's objective is to reignite the sovereignty debate, perceives the United Kingdom as weakened and divided, and aims to divert attention from domestic challenges.

The columnist also offers personal criticisms of British Prime Minister Andy Burnham and Milei himself. The legal dimension of the column centers on the contention that Argentina's claim is fundamentally a territorial sovereignty dispute, and that the international law of the sea tribunal has definitively ruled that it is not their domain.

The procedure announced by Buenos Aires involves an Annex VII arbitration, where Argentina would only seek provisional measures during the establishment of an arbitral tribunal by the International Tribunal for the Law of the Sea in Hamburg. The column has been criticized for containing inaccuracies, such as placing the environmental lawsuit filed by the Falklands War Veterans Centre of La Plata and a group of environmental lawyers in Buenos Aires, which actually occurred before the presidential address initiating the campaign.

Additionally, the column wrongly asserts that criminal complaints involve Rockhopper executives. Tettenborn urges the British government to reject the claim and "hold our nerve," while also asserting that international courts have lost impartiality. In response to the column, the British government explicitly invoked the Law of the Sea Convention as the legal framework for oil activities in the Falklands.

Argentina maintains that unilateral exploitation contradicts UN General Assembly resolutions 2065 and 31/49 and contends that the wishes of the residents do not settle the dispute. The 2013 referendum, which had a 92% turnout, saw 99.8% of voters opt to retain the status of a British overseas territory.