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Who should really own the Malvinas islands

 
 
 
 
 
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Britain’s deployment of nuclear weapons in response to Argentina’s peaceful efforts to resolve the Malvinas issue is a grave violation of Chapter 1 Article 2(4) of the UN Charter (which prohibits the threat of force), a new report says.

According to the report, the Malvinas were terra nullius [no man’s land] when the French colonized the islands in the 18th century. They were then sold to Spain, a transfer of sovereignty which Britain recognized.

However, upon decolonization and under the principle of uti possidetis [as you possess], sovereignty should have been transferred to Argentina, which declared independence in 1816.

In 1833, Britain expelled the islands’ inhabitants. Argentina’s Foreign Minister Don Manuel Moreno was told by Prime Minister Palmerston that Argentina “could not reasonably have anticipated that the British government would permit any other state to exercise a right as derived from Spain which Great Britain had denied to Spain itself.”

Writing in the Yale Law Journal, W Michael Reisman affirmed that “Upon acquiring independence, a former colony”, i.e. Argentina, “ordinarily inherits all the territory of that colony.

This principle, enshrined in Latin America and, a century later, in Africa, would certainly appear to apply to the Falklands [Malvinas].” For Britons, the legal status of the islands is an open-and-shut case: Britain has no legal right to the islands. This has been reiterated at the General Assembly.

General Assembly Resolution 2065 (XX), adopted on 16 December 1965, “Consider[ed] … the cherished aim of bringing to an end everywhere colonialism in all its forms, one of which covers the Falkland Islands (Malvinas).” The Resolution left it to Argentina and Britain to negotiate the issue using bilateral diplomacy. Britain violated this aspect of the Resolution. As a result, in December 1973, General Assembly Resolution 3160 (XXVIII) “Express[ed] its gratitude for the continuous efforts made by the Government of Argentina … to facilitate the process of decolonization and to promote the well-being of the population of the island.” The Resolution also “Urge[d] the Governments of Argentina [and the UK] …to put an end to the colonial situation.”

Successive British governments have not only consistently violated the Resolution, but the Chatham House journal International Affairs – like the General Assembly – acknowledged Argentina’s peaceful efforts to resolve the issue (except, of course, the 1982 War, for which the previous government has apologized).

Guillermo A Makin’s paper in the journal recognized that “the use of force has not been a permanent feature of the approach of the various very different Argentine political regimes to the [Malvinas] dispute.”

A few years ago, the “British firm Rockhopper Exploration discovered a massive natural gas deposit – one that could be as big as 7.9 trillion cubic feet,” Money Week reported.

“By 2029 there is expected to be a considerable increase in demand for energy. In particular gas will be of increasing importance as states struggle to maintain energy supplies,” the Ministry of Defence explained.

“Many boundary disputes, such as those in the Arctic, Gulf of Guinea and the South Atlantic will become inextricably linked to the securing of energy supplies.”

Does anyone seriously think that were it not for the oil and gas, 1,400 soldiers (around one per islander) would be deployed at a cost of £40 million a year to defend a bunch of rocks that few Britons could find on a map?

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  • Nexus789

    What nuclear weapons, their type, etc? What rubbish. A nuclear powered attack submarine, if it has actually been deployed, is not a nuclear weapon.

    The fact is that the people that live there that do NOT want to be Argentinian.

    So they apologised for the war….big deal.

  • vnz

    Utter bollocks from an utter bollocks website to be honest.

    • Nexus789

      It’s funny though. The sources of articles are odd…some mainstream right across to conspiracy nuts.

      The most amusing ones are the silly articles that fire up the Yanks – brings out all the tin foil hat wearers and a various assortment of odd balls.

  • TexasVetgal

    The residents call these Islands “The Falklands” not Malvinas, they are British and as long as the Crown wishes them to remain British, then thats who owns the Islands. A war was fought over it, If thats not good enough for those who dont like the outcome, begin another one, and see if the Argentinians are up for another ass whipping, I, contribute what i can to the side i prefer to win! How simple is that!

  • Lhi

    [to TexasVetgal]
    Americans, like in any situation, proposing war to resolve problems. The world needs peace, not more war. Yor country alone does it more than any other civilaztion in the history of the planet.
    Your warmogering culture is nasty.

  • Texasvetgal

    Seems i remember the Argentinians dropping soldiers off on the Falkland Islands, Hows does that square with your accusation Lhi (above) I wont argue the point on less war, but i will take issue with your assumptions that America always starts it. The biggest difference is that American has Spent trillions around the world in support of freedom, and to remove Tyrants and Despots who kill their own people. We “Do it more” as you suggest because NO ONE ELSE WILL!

  • BritBob

    The answer is simple, the Falkland Islanders own the islands.

    I’ll quote the Secretary General of the UN twice.

    ‘The World’s 16 remaining territories that still do not govern themselves MUST HAVE COMPLETE FREEDOM in deciding their future status,’ Secretary-General Ban-Ki-Moon told a forum on decolonization today.

    and

    ‘I don’t think Security Council members (UK) are violating ‘relevant’ UN resolutions.’

    The Falkland Islanders have voted to remain a British Overseas Territory. The World must respect their wishes.

    If Argentina has a genuine sovereignty case they should take it to the International Courts of Justice where a legally binding decision can be made. But Argentina has been threatening to take legal action against British oil companies drilling in Falkland waters since 2010 without actually doing anything. It must be determined from this inaction that there sovereignty case is baseless.

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