International Tribunal for the Law of the Sea

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Can Argentina Bring UNCLOS Proceedings Against the UK Concerning the Exploitation of Hydrocarbon Resources in the North Malvinas Basin?

October 12, 2026

On 28 September 2026, Argentina’s President announced that he had instructed its Foreign Ministry and the government’s legal teams to institute arbitral proceedings against the United Kingdom under Annex VII of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Argentina seeks to prevent the exploitation of hydrocarbon resources in the ‘North Malvinas Basin’ through the project known as Sea Lion. Giving the UK two weeks to adopt necessary measures to halt Sea Lion, Argentina added that it would seek provisional measures from the International Tribunal for the Law of the Sea (ITLOS) to preserve its sovereign rights over its continental shelf. This post offers a preliminary assessment of the procedural hurdles to Argentina’s anticipated claims before the tribunal, in light of this announcement. We begin by briefly providing a background to the dispute. Afterwards, we address the possible challenges to Argentina’s anticipated claims and provisional measures request, considering the limits of subject-matter jurisdiction under UNCLOS. We then ask what else could…

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Two Weeks in Review: 10—21 August 2026

August 23, 2026

As we swelter through late summer, a hardy few have retained a cool hold over their critical faculties. In the last two weeks, attention has turned chiefly to the ICC: from the in absentia convictions of members of the Rapid Support Forces, to the removal of ICC Prosecutor Karim Khan, and a decision recognising that a State Party…

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Institutional Discretion, Due Process and the Common Heritage of Humankind: The First Provisional Measures Orders in NORI and TOML v. the Authority

August 20, 2026

The first contentious proceedings ever brought before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (the Chamber) concern far more than a procedural dispute between two contractors and the International Seabed Authority (the Authority). They represent the first judicial examination of the legal limits of the Authority’s discretion when exercising the supervisory…

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One Step Forward, Two Steps Obscure: Jurisdiction over External Rules in M/T Heroic Idun (No.2)

June 18, 2026

On 27 May 2026, the ITLOS Special Chamber rendered its judgment in M/T Heroic Idun (No. 2). Brought by the Marshall Islands against Equatorial Guinea, the case concerns the lawfulness of the latter’s arrest and detention of the vessel and its crew. At first glance, the case appears to fall squarely under UNCLOS, as it revolves around…

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Pre-Exploitation Litigation: Cases No. 34 and 35 and the Timing of Deep-Sea Mining Governance

June 12, 2026

On 5 June 2026, the International Tribunal for the Law of the Sea (ITLOS) announced two new proceedings before its Seabed Disputes Chamber (SDC). Nauru Ocean Resources Inc. (NORI) and Tonga Offshore Mining Ltd. (TOML) each instituted proceedings against the International Seabed Authority (ISA) and requested provisional measures. The cases have been entered as Case…

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