London says it will abide by any law of the sea provisional measures as it moves to shield its companies
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…
The British government affirmed on Tuesday that any provisional measures issued by the International Tribunal for the Law of the Sea are legally binding, and the United Kingdom will adhere to its international commitments. This came as Argentina requested the tribunal to halt the Sea Lion oil project in Falkland waters. Concurrently, London stated it would employ its protection of trading interests legislation to safeguard British companies from potential Argentine sanctions.
Uma Kumaran, the Overseas Territories Minister, told the House of Commons that the UK's stance is that provisional measures under an applicable international legal framework are enforceable, and the UK will adhere to its international obligations. She confirmed that Argentina formally notified the commencement of arbitration under the UN Convention on the Law of the Sea on September 28, and that the British embassy in Buenos Aires submitted its formal response on September 11.
Kumaran added that while the notification is not a verdict, it does not invalidate licences issued by the Falkland Islands' government nor mandate a cessation of activities. With the two-week deadline imposed by President Javier Milei passed, Argentina asked the Hamburg-based tribunal for provisional measures to protect its sovereign rights over its continental shelf and halt activities the government deems "unilaterally and illegally" authorized by the UK.
Britain's Department for Business and Trade and the Foreign Office revealed they are preparing measures under the Protection of Trading Interests legislation, which enables the government to prevent UK companies and individuals from being forced to comply with foreign rules applied extraterritorially. They stressed that this does not impair British trade with Argentina.
The UK has also solicited Interpol to dismiss Argentine requests for red notices against individuals associated with the Sea Lion project, labeling such requests as "politically motivated." Interpol's constitution precludes it from engaging in matters of a political nature. Argentina contends that unilateral exploitation infringes upon UN General Assembly resolutions 2065 and 31/49.
In prior cases, tribunals under the Convention have refrained from adjudicating territorial sovereignty disputes; Kumaran affirmed that London will contest any attempt to utilize the procedure for such purposes. In a 2013 referendum, with a 92% turnout, 99.8% of voters opted to maintain the status of a British overseas territory.
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