The Falklands/Malvinas Case: Breaking the Deadlock in the Anglo-Argentine Sovereignty DisputeThe dispute over the South Atlantic islands that Britain calls the Falklands and Argentina claims as the Islas Malvinas has its own unique features, but the legal and political problems at its center, the tension between sovereignty based on prior title, the principle of territorial integrity, and the right of "a people" to self-determination are core issues in many of the other difficult conflicts that beset our rapidly changing world. This book presents a comprehensive analysis of the Falklands/Malvinas dispute and offers concrete suggestions for a new approach to its resolution. The author reviews the long and complex legal history of the islands, from the papal bulls of the fifteenth century and the diplomatic maneuverings of the European colonial powers to the break-up of empires and the evolution of the concept of self-determination. He also describes more recent developments in detail: the role of the United Nations, the failed negotiations that preceded military conflict in 1982, and the profound changes that have occurred in the islands since then. The Falklands War did not resolve the dispute between Britain and Argentina; after a period of stalemate, new initiatives are emerging, new proposals are being offered. The author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of all concerned. This book makes an important contribution not only to the ongoing debate on the fate of the Falklands/Malvinas but also to the field of international law and conflictresolution. |
Contents
THE FALKLAND ISLANDS MALVINAS | 7 |
HISTORICAL BACKGROUND | 19 |
LEGAL CLAIMS OF SOVEREIGNTY | 65 |
SELFDETERMINATION | 95 |
British and Argentine positions on the applicability of self | 105 |
ANGLOARGENTINE NEGOTIATIONS | 121 |
POSTWAR DEVELOPMENTS | 165 |
A NEW FRAMEWORK TO RESOLVE | 207 |
NOTES | 235 |
| 299 | |
| 309 | |
Common terms and phrases
accept administration agreed agreement Aland Aland Islands ambassador American Anglo-Argentine Argentina and Britain Argentine claim Argentine government Argentine sovereignty Assembly Britain and Argentina British government Buenos Aires Buenos Aires government Choiseul colony Committee Constitution cooperation Costa Méndez Council December declaration decolonization discussions Dolzer East Falkland economic established evacuation expedition Falkland Islands government Falkland Islands Malvinas Falklands/Malvinas fisheries fishing force France French Goebel Governments of Argentina governor Guido Di Tella Haig hereinafter cited Hong Kong interests international law leaseback Luis Vernet mainland Majesty Masserano military negotiations occupation Olivieri Lopez parties Perl political population Port Egmont Port Louis Port Soledad principle proposal protest question recognized Resolution 2065 right to self-determination scholars Secretary self-determination settlement solution South Atlantic South Georgia sovereignty issue Spain Spain's rights Spanish Statement supra note supra note 22 territorial integrity Thatcher transfer of sovereignty treaty U.N. Doc U.N. GAOR United Kingdom United Nations Vernet wishes