Argentina asks UN court to halt Malvinas oil drilling

Argentina has petitioned the International Tribunal for the Law of the Sea (ITLOS) to order the immediate suspension of oil drilling in the maritime region surrounding the Malvinas Islands. This legal action falls under the jurisdiction of ITLOS, an independent judicial body established by the United Nations in 1982, which deals with disputes related to the interpretation and application of the UN Convention on the Law of the Sea.

This request is part of a broader set of sanctions and measures introduced by President Javier Milei in early September targeting companies involved in the Sea Lion offshore oil project in the Malvinas North Basin. These companies include British firm Rockhopper Exploration and its Israeli partner Navitas Petroleum, along with their associates or shareholders.

Drilling for oil in the area is set to commence in early 2027, following approval by the islands' government and backing from the United Kingdom. Argentina alleges that the companies intend to extract oil from an area north of the Malvinas Islands, a claim of sovereignty Argentina lays over as part of its continental shelf. In conjunction with the sanctions imposed on the implicated companies, the Argentine government has given the U.K. two weeks to intervene and halt the project.

This deadline passed on Monday without any response from the British government. Argentina's representation of its request to ITLOS asserts the preservation of Argentine sovereign rights over its continental platform and aims to prevent unilateral and illicit authorization by the U.K. for activities that deepen the controversy, as acknowledged by the United Nations.

The Buenos Aires Herald clarifies that this filing is part of an arbitration process initiated by Argentina on September 28 under the UN Convention on the Law of the Sea, seeking to defend the country's sovereignty and natural resources of all Argentines. On the same day, Milei directed the Argentine Foreign Ministry to commence arbitration proceedings in accordance with the UN's Convention on the Law of the Sea and demanded that the U.K. prevent the initiation or continuation of hydrocarbon development at the Sea Lion.

The U.K. declined Argentina's request, citing concerns about the country's reliability as a partner and stating their commitment to robustly defend the islanders' wishes. Furthermore, a proposed "Law for the defense of national sovereignty" will be deliberated on Wednesday in Argentina's Chamber of Deputies, a measure aimed at intensifying sanctions against companies unlawfully extracting natural resources from the Argentine continental platform, including the Malvinas region.

The opposition has reservations regarding the legislation, which also entails contentious reforms to national defense, security, and intelligence apparatus.