Donald Rothwell
Role at the time: Professor of International Law at the Australian National University, writing for the Lowy Institute's The Interpreter
Statement summary
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.”
Why we used 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.