Argentina on Oct. 13 submitted a request [7] to the International Tribunal for the Law of the Sea, seeking an order for provisional measures against the United Kingdom to halt British exploitation of hydrocarbon resources on the continental shelf to the north of the disputed archipelago known to the UK as the Falkland Islands and to Argentina as the Malvinas.
Argentina asked the court to prescribe a set of measures to prevent the UK from conducting any exploration or exploitation [10] of natural resources in the continental shelf of the North Falkland Basin. The request also seeks to bar the UK from using information obtained during any such exploration to the detriment of Argentina's rights, and to prohibit actions that might aggravate the pending arbitral dispute [8] initiated by Argentina.
On Sept. 28, Argentina initiated proceedings against the UK before an arbitral tribunal established under the UN Convention on the Law of the Sea (UNCLOS) [11] challenging the UK's unilateral decision to explore and exploit natural resources in the maritime area surrounding the Falklands/Malvinas while it is a disputed area between the two countries.
Argentina asserted that British exploitation of the archipelago's resources would produce an irreversible fait accompli (accomplished fact) and create irreparable damage to Argentina's rights to sovereignty over the islands, and to the preservation and protection of the marine environment of the area, in accordance with articles 2, 56, 77 and 193 of the UNCLOS.
Additionally, Argentina stated that these measures aim to preserve the rights of both parties pending the resolution of the arbitral dispute. Argentina stated that the unilateral exploitation of hydrocarbons in the disputed maritime area could result in consequences that could not be reversed once the underlying arbitral dispute is settled. Therefore, neither party should undertake any action that would alter the existing situation or prejudice the arbitral tribunal’s ability to render a decision before the settlement of the dispute.
Tensions between Argentina and the UK over the Falklands/Malvinas have existed for decades, with both states claiming sovereignty over the islands, although the UK has long exercised de facto control [12] over the archipelago. In 1982, the two nations engaged in a war over the disputed islands that ended with a British victory. However, Argentina has continued to pursue its sovereignty claims.
In 2015, the Argentinian cabinet minister for issues relating to the archipelago (Secretary of Malvinas Affairs) initiated [13]legal proceedings against US and UK oil and gas companies operating in the disputed area, claiming that their activity was illegal. In 2016, the UN Commission on the Limits of the Continental Shelf ruled in favor [14] of Argentina, expanding its maritime territory to include the area surrounding the archipelago.
In July 2026, Argentina accused [15]the UK of conducting an illegal military incursion into its territorial waters after a British vessel approached the disputed islands. Argentine President Javier Milei also criticized [16]the UN for not supporting his country's long-standing efforts to gain recognition of its sovereignty [17] over the islands.
From JURIST [18], Oct. 14. Used with permission.
See our last report [14] on the Falkalnds/Malvinas dispute.
