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2019, Falklands - Some Relevant International Law
To be read in accordance with: Falkland Islands - What the ICJ Might Say About Argentina's Claims
Falklands' Sovereignty
Falklands' sovereignty: Falkland Islands (Malvinas) sovereignty dispute in the perspective of international law2021 •
The Falkland Islands are an archipelago located in the South Atlantic whose sovereignty is disputed by the United Kingdom and Argentina. Since 1833, it has been the United Kingdom that holds the possession over the territory. In 1982, Argentina invaded the islands, seeking to recover them. This improbable conflict, known as the Falklands War, caused the death of 907 people, which demonstrates that until today the territorial litigations can be taken to the last consequences. In view of this, it raises the need for the dispute in question to be studied in the light of the old rules of public international law that regulate the matter of terrestrial domain, as well as of the very current rules regarding the maritime domain and colonialism, that also involve the present case. The central objective of this work is to analyze the claims made by both States, seeking to determine, at the end, which of them – Argentina or the United Kingdom – has greater legitimacy to exercise sovereignty over the Falkland Islands. For this, firstly it is made a very detailed study of the history of the conflict, which shows itself as a fundamental tool in the subsequent analysis.
American Journal of International Law
The Sovereignty Dispute over the Falkland (Malvinas) Islands. By Lowell S. Gustafson. New York and Oxford: Oxford University Press, 1988. Pp. xiii, 268. Index. $361990 •
Falklands Wars – the History of the Falkland Islands: with particular regard to Spanish and Argentine pretensions and taking some account of South Georgia, the South Sandwich Islands and Britain's Antarctic Territories
Falklands Wars – the History of the Falkland Islands: Paper 14 – 2000 to 2015 Harassment & Referenda2022 •
During the first half of the 20th century, Argentina had employed a series of petty actions against Great Britain in the South Atlantic – described by one British official at the time as 'pin-pricks'. If the objective had been to annoy the British into recognising Argentine rights over those areas below 50° S latitude then the policy failed. If its aim had been to remind the UK on a regular basis that neither Argentina nor its claims had gone away, the policy may well be seen as having some limited success. After diplomatic relations were resumed in 1990, Argentina's governments appeared unsure of how to move the issue forward. Menem's presidency had tried 'seduction', without effect. Those that followed would revert to a policy of childish annoyance. This paper details the actions, in particular, of the 12 years of Kirchner administrations and the noise those produced in forums around the world.
Since the publication of the monograph by Isaac Areco, Titulos de la Republica Argentina a la Soberania y Possession de las Islas Malvinas, published in 1885,1 there have been numerous attempts to survey and resolve the centuries long conflict over the disputed Falklands (Malvinas)2 archipelago. What is noteworthy about many of these studies is that they are firmly based within the parameters of history; history shaped the dispute, therefore there is a presumption that history will resolve the dispute. This modest contribution to the question of the sovereignty over the Falklands (Malvinas) is distinct from these, as it does not peer back into this history in an attempt to answer the legal question as to where sovereignty should reside; instead, it considers the future; it acts to supplement previously produced literature by assessing the contemporary role of law in the pacific settlement of the Falklands (Malvinas) dispute. The paper which this presentation is based upon is comprised of three primary components. The first is, as is typical in works reflecting the Falklands (Malvinas) dispute, an overview of the contemporary status of the dispute. The second aspect presents the mechanisms that exist within international relations that might be utilised in order to bring about pacific settlement of the dispute. It builds on the work of Merrills, and others such as Raimondo, whose piece addressing the Role for the UN in relation to the sovereignty dispute over the Falklands (Malvinas) proved illuminating.3 In the final section, the focus of the presentation moves away from the doctrinal, and into the critical, broaching the fundamental question as to what is the relationship between international law and politics. Koskenniemi’s notion of international law as the ‘gentle civiliser of nations’ is adopted, and it is argued that when a political regime collapses law can play a crucial role in the establishment of the emergent political relationship. Finally, it will be assessed whether we are in the midst of one such moment, with the changing relationship between the UK and Argentina, as evidenced in the September 2016 joint statement4 - arguably precipitated by the changing political positions within both countries – being representative of this.
In 2008, two British authors with no academic profile, Graham Pascoe and Peter Pepper, published in English and in Spanish a booklet titled "Getting it Right. The Real History of the Falklands/Malvinas". Since then it has been published in different versions. The last one, officially distributed by the British government to the United Nations Decolonization Committee in June 2015, pompously entitled "False Falklands History at the United Nations: How Argentina misled the UN in 1964 - and continues to do so. " It is simply an attempt to rewrite history. The British unofficial pamphlet tries in vain to misrepresent the solid historical-juridical arguments that demonstrate Argentine sovereignty and tries to convince the reader that the islands are inhabited by a people of multinational origin who would be holder of the right of peoples to self-determination. The work of Marcelo Kohen and Facundo Rodríguez refutes each of the new British arguments, both from the historical and legal point of view. It gives the reader first-hand information, much of it hitherto not exploited in the abundant bibliography. It is an indispensable source for understanding the positions of the parties to the dispute whose solution is still pending.
It is a principle in law that any land/territory not mentioned in any peace treaty remains with the possessor. The law applicable and in force at the time states, ‘The treaty of peace leaves everything in the state in which it found it unless there is some express stipulation to the contrary. The existing state of possession is maintained, except so far as altered by the terms of the treaty. If nothing is said about the conquered country or places, they remain with the conqueror and his title cannot afterwards be called into question.’ (Elements of International Law: With a Sketch of the History of the Science, Wheaton, H. 1836, p288 and Elements of International Law, Halleck, H.W., 1866, p353).
Falklands - Argentina's Claims of Sovereignty by Effective Occupation 1820-1833
Falklands - Argentina's Claims of Sovereignty by Effective Occupation 1820-18332019 •
Argentina claims sovereignty of the Falklands by settlement in 1824 and then undisturbed use until 1833 and that the British had abandoned the islands in 1774, that the islands were in effect terra nullius (territory that nobody owns) and that they inherited the islands as successor to Spain.
Falklands Wars – the History of the Falkland Islands: with particular regard to Spanish and Argentine pretensions and taking some account of South Georgia, the South Sandwich Islands and Britain's Antarctic Territories by Roger Lorton
Falklands Wars – the History of the Falkland Islands: Paper 11 – 1972 to 1982 Negotiation2023 •
In 1965 the United Nations had called upon the UK and Argentina to commence negotiations with a view to resolve the main issue that lay between them – sovereignty over the Falkland Islands.4 Talks had started in 1966, but had been slow to produce anything tangible. It needs to be recognised that the talks concentrated on the future of the archipelago. Historic rights were not discussed, as neither side was going to budge from their entrenched positions. But the fundamental problem of the future was grounded in the recognition, by both the United Nations and the UK, that the Islanders' rights in the form of interests/wishes had to be respected. Argentina rejected any interpretation that would have given the Islanders a veto. So, the British Government knew it was in a no-win situation. Pressed on one side by the UN for a 'solution' and the Islanders on the other wishing for nothing more than to remain British. The question was, could they be persuaded? Inducements? A better life under Argentine rule? The agreement signed off by both countries in 1971 was intended to start a process of Argentization. Better access to the mainland. Spanish language lessons. Access to hospitals. Greater interaction. This paper considers this process and the slow breakdown in negotiations. Also the changing political landscape in Argentina which would lead to war

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