Argentina is trying to stop a planned oil project near the Falkland Islands. On October 13, the government asked the International Tribunal for the Law of the Seas (Itlos), a court in Hamburg that deals with disputes over the sea, to halt the project. Argentina says the UK approved the drilling without its agreement and in breach of Argentina’s rights to the seabed.

The project, called Sea Lion, is a joint venture between UK and Israeli companies, and has been licensed to produce oil by the Falkland Islands government. The Sea Lion field holds an estimated 1.7 billion barrels of oil, 500 million barrels of which is assessed as recoverable.

Argentina began arbitration proceedings against the UK on September 28 and gave London 14 days to stop the project. That deadline expired on October 12. The Argentinian government has now called on Itlos to issue “provisional measures” – emergency orders to protect each side’s rights, or prevent serious harm to the marine environment.

The UK’s foreign secretary, Ed Miliband, has rejected Argentina’s claims, insisting the UK will “vigorously” contest jurisdiction.

Itlos applies the UN Convention on the Law of the Sea, which governs the sea – not land. Yet rights at sea flow from owning the coast, which means that whoever holds the Falklands holds the seabed – and the oil – around the islands. Tribunals under the convention have no power to decide who owns land, and can’t settle sovereignty........

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