International law professor Donald Rothwell says Argentina's Sea Lion case "could therefore fall at the first hurdle"
Donald RothwellProfessor of International Law at the Australian National University, writing for the Lowy Institute's The Interpreter
Writing for the Lowy Institute before the tribunal hearing, international law professor Donald Rothwell said that although Argentina framed its case around the UN Convention on the Law of the Sea, its core is the territorial dispute over the islands, which the Hamburg tribunal has no jurisdiction to decide. He said Argentina's claim could therefore fail at the first hurdle, while noting that the tribunal has generally been reluctant to take a narrow view of its jurisdiction.
“While Argentina has framed its claim around UNCLOS, the core of the case is the territorial dispute over the islands, referred to as Malvinas by Argentina. ... Argentina's claim could therefore fall at the first hurdle, and Buenos Aires is no doubt aware of this challenge.”
Analysis
Where this statement fits
Should Argentina sanction UK and Israeli oil companies exploring near the Falkland Islands?
On September 3, 2026, Argentine President Javier Milei announced plans to sanction companies involved in oil exploration near the Falkland Islands, which Argentina calls the Malvinas and has long claimed from Britain. He called the Sea Lion oil project, operated by UK-based Rockhopper Exploration and Israel's Navitas Petroleum, a "concrete and urgent danger." Argentina has since filed a criminal complaint against Navitas Petroleum, begun sanctions proceedings against 60 companies and individuals connected to the project, and a Tierra del Fuego court has ordered the companies to suspend Sea Lion activity pending an environmental review, a step reported as largely symbolic since the project operates under Falkland Islands government licenses. Rockhopper and Navitas say they hold valid licenses with the UK's support and do not expect the measures to affect their activities. UK Foreign Secretary Ed Miliband called the UK's position on the islands "unwavering." Milei has tied the escalation to a 1976 UN resolution against unilateral action and has also announced funding for a new Argentine naval base in Tierra del Fuego. The dispute is whether Argentina should sanction and seek to block companies exploring for oil near the Falkland Islands.
Source and context
Analysis
About this source
Analysis by Donald R. Rothwell, professor of international law at the Australian National University, published by the Lowy Institute's The Interpreter on November 2, 2026, before the November 10 and 11 hearing at the International Tribunal for the Law of the Sea on Argentina's request for provisional measures over the Sea Lion project.
Archived copy (opens in a new tab)Before the quotation
Rothwell wrote before the International Tribunal for the Law of the Sea hearing on Argentina's request for provisional measures, scheduled for November 10 and 11. He noted that the tribunal can decide disputes about the interpretation or application of the convention but not territorial disputes under general international law.
After the quotation
He added that the tribunal has generally been reluctant to take a narrow view of its jurisdiction, citing a Chagos Archipelago case that went ahead before the sovereignty dispute was fully resolved, and wrote that Milei may also be seeking to stir nationalist pride before Argentina's 2027 presidential election.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to Argentina's sanctions and legal action against the Sea Lion project, Rothwell disputes Argentina's framing of its case as a law of the sea dispute, saying its core is the territorial dispute the tribunal cannot decide. He questions the legal footing of the action without endorsing or condemning it, so we labeled it as challenging the characterization.
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More from this case
Read the full caseMilei tells Ibero-American leaders Argentina has opened sanctions proceedings and criminal complaints over Sea Lion
“We activated sanctions proceedings and filed criminal complaints against the companies involved and their executives. Our Government will assert Argentina's rights with all the firmness the law allows. (Translated from Spanish. Original: Activamos procedimientos sancionatorios y presentamos denuncias penales contra las compañías involucradas y sus directivos. Nuestro Gobierno hará valer los derechos argentinos con toda la firmeza que permite la ley.)”Read statement
Liberal Democrat Al Pinkerton calls Milei's use of UNCLOS arbitration "neo-colonialism dressed up as anti-colonialism"
“They spoke for themselves as a self-governing, self-determining, distinct and identifiable people, yet President Milei now seeks to use UNCLOS arbitration to deny the islanders of economic sovereignty and the right to shape their own future. That is neo-colonialism dressed up as anti-colonialism.”Read statement
Shadow minister Wendy Morton says Falklands licence holders should not face Argentine threats of legal action
“We welcome the measures outlined today, but approval alone will not protect those involved from Argentina's threats. British nationals and businesses operating under licences issued by the Falkland Islands Government should not face intimidation or threats of legal action.”Read statement
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The Dispute Index. "International law professor Donald Rothwell says Argentina's Sea Lion case "could therefore fall at the first hurdle"". First published: 2026-11-10. Last updated: 2026-11-10. https://disputeindex.com/events/8556-writing-for-the-lowy-institute-before-the-tribunal