‘Now or never’ – Argentina targets UK, Malvinas oil project at tribunal

Argentina made its case to the International Tribunal for the Law of the Sea (ITLOS) this week, requesting provisional measures to prevent the United Kingdom and companies from advancing with the Sea Lion oil project in waters disputed by both countries.

The delegation insisted that the urgency of such intervention was summarised by the warning: “It’s now or never.”

During the hearing, the Argentine representatives defended the prima facie jurisdiction of the Tribunal, affirming that there are plausible rights which should be protected while the arbitration proceeds. They also pointed out that proposed drilling in waters close to the Malvinas (Falkland) Islands could cause irreparable harm.

Legal scholar Marcelo Kohen maintained that the tribunal could rule the requested measures without making a statement on Argentina’s sovereignty claim over the islands. According to the Argentine position, the request seeks to prevent the unilateral exploitation of the natural resources in dispute.

Dutchman Nico Schrijver centred his case on the urgency and risk of irreparable damage, pointing out that after taking the final decision to invest on December 10, 2025, Sea Lion advanced from exploration to a concrete plan of exploitation. According to the data presented by the delegation, the project provides for up to 26 permanent underwater wells and production estimated at 310.5 million barrels.

On closing his presentation, Schrijver warned: “Only this Tribunal can act in time to prevent this,” later concluding in English: “If not now, it will be never,” a phrase which the delegation later summed up as “Now or never.”

Argentina’s arguments were closed out by Mario Oyarzábal, a Foreign Ministry legal advisor and agent to the tribunal. He reiterated that, according to the Argentine criteria, there was compliance with the four requisites for ruling provisional measures: prima facie jurisdiction, the plausibility of the rights invoked, the risk of irreparable harm and urgency.

Argentina wants to prevent new drilling and the installation of productive facilities for the Sea Lion project, as well as the detrimental use of information obtained during exploration while permitting the country to comply with its obligations to protect the maritime environment and pre-empt measures aggravating the controversy.

Sources attached to the delegation affirmed that “the Argentine claims do not begin or end with this resolution” and that this instance seeks “to obtain provisional measures suspending the illegitimate oil exploitation activities while advancing towards international arbitration.”

They also pointed out that Argentina will continue using “all the legal and diplomatic tools at its disposal to prevent the illegitimate exploitation of its natural resources.”

With the hearings concluded, it now only remains for the tribunal to issue its decision, for which no deadline has been established.

Some sources suggest a decision could come before the end of the month.

Penal action 

Foreign Minister Pablo Quirno warned Thursday that Argentina could lodge criminal lawsuits against the executives of oil companies seeking to exploit fossil fuels around the Malvinas, assuring that the government will use all the legal, diplomatic and judicial instruments to prevent the advance of those projects.

“We believe that both Rockhopper and Navitas and their directors are committing crimes which, according to Argentine legislation, warrant such action and we will go ahead with it,” declared Quirno, referring to the companies involved in the Sea Lion oil exploitation project in a maritime zone whose sovereignty is disputed with the United Kingdom.

In statements to Radio Rivadavia, the official was consulted on the possibility of advancing with litigation against individual persons on Argentine soil. His categorical response was: “Absolutely, yes, absolutely.”

Argentina’s foreign minister recalled that the two companies had already been sanctioned under national legislation and maintained that President Javier Milei’s government will continue using different mechanisms to prevent them from advancing with the exploitation of the archipelago’s natural resources.

These statements came after it was reported that Argentina had warned the directors of Rockhopper Exploration about the possibility of facing criminal prosecution, prison and fines for their participation in the oil project, as published in last Thursday’s edition of The Guardian.