Jurisdiction and Admissibility

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

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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A Reckoning in the Emperor’s Court: Jamaica’s Reparations Petition to the Privy Council

On 7 September 2026, Jamaica, which remains a Commonwealth Country with King Charles III as its head of state, will formally present a petition to the King with three questions about the legality of transatlantic chattel slavery and the UK’s responsibility to make reparations. Jamaica's petition is part of a decade-long coordinated campaign of Caribbean (CARICOM) countries…

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The ICC, Arrest Warrants, and Peace Negotiations

Introduction On 9 June 2026, Pre-Trial Chamber II of the International Criminal Court issued a decision in response to a request by a State for consultations under Article 97 of the Rome Statute. Article 97 provides an avenue for State Parties to consult the Court where it ‘identifies problems which may impede or prevent…

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Location, Location, Location: The UK Supreme Court’s Judgment in Shehabi v. Bahrain

In August 2022, I co-authored a post on the English case of Al-Masarir v. Saudi Arabia [2022] EWHC 2199, where Knowles J held that Saudi Arabia had no immunity under Section 5 of the UK State Immunity Act 1978 (‘UK SIA’) for its use of Pegasus spyware to hack the devices of Mr Al-Masarir,…

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Process-oriented Review in German Arms Export Litigations: Beyond Victories and Defeats

The ongoing humanitarian situation in Gaza presents complex legal and ethical challenges. As the ICJ considers Nicaragua v. Germany, the international legal community is examining how German courts have assessed the legality of arms exports to Israel. This article aims not to present generalizable judicial principles but to demonstrate that procedural governance is key to navigating…

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