Summary

Dispute Concerning Hydrocarbon Exploitation in the South-West Atlantic Ocean.
Provisional Measures Argentine Republic v United Kingdom of Great Britain and Northern Ireland

13 October 2026

Request for the Prescription of Provisional Measures Under Article 290, Paragraph 5, of the United Nations Convention on the Law of the Sea

INTRODUCTION

1. Pursuant to Article 290, paragraph 5, of the United Nations Convention on the Law of the Sea (hereinafter "UNCLOS" or "the Convention"), the Argentine Republic (hereinafter "Argentina") requests that the International Tribunal for the Law of the Sea (hereinafter "the Tribunal" or "ITLOS") prescribe the provisional measures specified below in the dispute between the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland (hereinafter "United Kingdom") over the illegal authorization to begin the exploitation of the natural resources of the continental shelf around the Malvinas Islands, an area that is the subject of a dispute between Argentina and the United Kingdom.

2. Argentina instituted proceedings against the United Kingdom before an arbitral tribunal established under Annex VII of the Convention by a note of 28 September 2026, received the same day (hereinafter "Institution of Arbitral Proceedings"). A certified copy of this note and its annexes is attached to this request (Annex 1). The institution of arbitral proceedings included a Statement of Claim, the grounds upon which it is based in accordance with Article 1 of Annex VII, a request to the United Kingdom to adopt provisional measures in order to prevent the beginning of the exploitation of hydrocarbons in the so-called "Sea Lion" Project in the Malvinas Northern Basin, as well as other measures. By a note dated 11 October 2026, the United Kingdom rejected Argentina's claims and refused to implement the provisional measures requested. Consequently, Argentina hereby submits to the Tribunal a request for the prescription of provisional measures.

3. As will be developed below, the object of the arbitral proceedings raises questions regarding the interpretation and application of UNCLOS, in particular the rights and obligations of States Parties with respect to the exploration, exploitation, conservation, and management of the natural resources of maritime areas in circumstances where a dispute relating to them remains pending. This includes the duty to refrain from conduct capable of aggravating or extending the dispute pending its settlement. These questions must be examined in light of the particular circumstances of the dispute concerning the Malvinas Islands, a question under the scrutiny of the United Nations General Assembly (hereinafter "the UNGA" or "the General Assembly") in the context of its powers in matters of decolonization.

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Rockhopper Exploration plc, Navitas Petroleum Development and Production