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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Access to the Logbook: How Autonomous Ships Complicate the Flag State’s Ability to Fulfill its Article 94 UNCLOS Obligation

September 9, 2026

On 1 July 2026, the IMO's non-mandatory International Code of Safety for Maritime Autonomous Surface Ships took effect. The Code provides guidelines for maritime autonomous surface ships (MASS), or ships that, to various extents, operate independently of direct human control and are overseen or remotely controlled by humans in remote operations centres (ROCs), where the data,…

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Rethinking the Hormuz Toll Debate: Can Coastal States Monetize Maritime Security?

August 25, 2026

“Some reconcilement of remotest mind, Leaves [H]ormuz rubyless, and Ophir chill.” Hart Crane (1899–1932) With the United States waging an illegal war against Iran to reshape the architecture of the Middle East, the architecture of the Hormuz Strait may now be reshaped, moving toward its own “Malacca Moment”: a…

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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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Can “Safety Zones” provide Safety to Critical Submarine Cables?

August 21, 2026

Following the submarine cable cuts in the Baltic Sea, the Australian Federal Police was urged to commence an investigation at the behest of Subco, a private submarine cable operator, concerning the damage to two submarine cables. On the second August weekend, technicians detected faults on two submarine cables in an offshore area located in Australia’s EEZ.

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