(WO) – The International Tribunal for the Law of the Sea (ITLOS) will hear Argentina’s request for provisional measures against the UK, which asks the tribunal to order a stop to hydrocarbon exploitation by the Sea Lion project in the North Malvinas basin, over two days starting Nov. 10.
The tribunal’s president, Judge Maurice K. Kamga, fixed Nov. 10 and 11 as the hearing dates by an order dated Oct. 20, the Hamburg-based tribunal said. The hearing will be held in the tribunal’s main courtroom, is open to the public and will be broadcast live on the tribunal’s website, where the detailed schedule is also to be posted.
Argentina filed the request on Oct. 13 under Article 290(5) of the UN Convention on the Law of the Sea (UNCLOS), in what it describes as a dispute over the exploitation of hydrocarbon resources in the South-West Atlantic. It had opened arbitral proceedings against the UK under Annex VII of the convention on Sept. 28. Until the arbitral tribunal is constituted, ITLOS may prescribe provisional measures if it finds that the arbitral tribunal would have prima facie jurisdiction and that the situation is urgent.
Argentina is asking the tribunal to order the UK to prevent the start or continuation of hydrocarbon exploitation on the continental shelf in the North Malvinas basin by the Sea Lion project. It also wants the UK to refrain from using information obtained in exploring the disputed areas against Argentina’s rights, to stop preventing Argentina from meeting its marine-environment obligations under UNCLOS Articles 192 and 194, and to take no other step that could aggravate the dispute, in particular granting new permits to exploit resources on the disputed continental shelf.
The UK government said in October that it will use its Protection of Trading Interests legislation to shield UK businesses and individuals from Argentine domestic measures targeting lawful economic activity linked to the Falkland Islands, with secondary legislation aimed to be in force before year-end.
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