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===Argentine Position, UK counter-arguments: Limit 1 paragraph===
===Argentine Position, UK counter-arguments: Limit 1 paragraph===


Argentina claims that it acquired the islands from Spain when Argentina became independent in 1816 and that in 1833 the United Kingdom, using a threat of "greater force", expelled the Argentine authorities and settlers from the islands.<ref name=AR_FA/> Political historian Lowell Gustafson argues that Clio and Tyne's implicit threat of force constitutes its usage, writing that "[t]he most successful use of force is to show it, not actually to fight".<ref name ="Gustafson">{{cite book|author=Lowell S. Gustafson|title=The Sovereignty Dispute Over the Falkland (Malvinas) Islands|url=http://books.google.com/books?id=Ip-9_W7efbAC|accessdate=18 September 2012|date=7 April 1988|publisher=Oxford University Press|isbn=978-0-19-504184-2|page=26}}</ref> However, Gustafson disputes the force's extent, adding that "this incident is not the forcible ejection of Argentine settlers that has become myth in Argentina".<ref name = Gustafson/> British historian Mary Cawkell disputes that the settlers were ousted and replaced<ref>{{cite book|author=Mary Cawkell|title=The Falkland story, 1592–1982|url=http://books.google.com/books?id=wg8aAAAAYAAJ|accessdate=18 September 2012|year=1983|publisher=A. Nelson|isbn=978-0-904614-08-4|page=30}} ''Argentina likes to stress that Argentine settlers were ousted and replaced. This is incorrect. Those settlers who wished to leave were allowed to go. The rest continued at the now renamed Port Louis.''</ref> Gustafson also notes that the existing settlement established by [[Luis Vernet]] was encouraged to remain.<ref>{{cite book|author=Lowell S. Gustafson|title=The Sovereignty Dispute Over the Falkland (Malvinas) Islands|url=http://books.google.com/books?id=Ip-9_W7efbAC|accessdate=18 September 2012|date=7 April 1988|publisher=Oxford University Press|isbn=978-0-19-504184-2|page=26}} ''Sarandi sailed on 5 January, with all the soldiers and convicts of the penal colony and those remaining Argentine settlers who wished to leave. The other settlers of various nationalities, remained at Port Louis.''</ref> Other commentators argue there was no use of force and that the main reason the Argentine commander did not offer resistance is that he could not rely on his men, 80% of whom were British mercenaries.
Argentina claims that it acquired the islands from Spain when Argentina became independent in 1816 and that in 1833 the United Kingdom, using a threat of "greater force", expelled the Argentine authorities and settlers from the islands.<ref name=AR_FA/> Political historian Lowell Gustafson argues that Clio and Tyne's implicit threat of force constitutes its usage, writing that "[t]he most successful use of force is to show it, not actually to fight".<ref name ="Gustafson">{{cite book|author=Lowell S. Gustafson|title=The Sovereignty Dispute Over the Falkland (Malvinas) Islands|url=http://books.google.com/books?id=Ip-9_W7efbAC|accessdate=18 September 2012|date=7 April 1988|publisher=Oxford University Press|isbn=978-0-19-504184-2|page=26}}</ref> However, Gustafson disputes the force's extent, adding that "this incident is not the forcible ejection of Argentine settlers that has become myth in Argentina".<ref name = Gustafson/> British historian Mary Cawkell disputes that the settlers were ousted and replaced<ref>{{cite book|author=Mary Cawkell|title=The Falkland story, 1592–1982|url=http://books.google.com/books?id=wg8aAAAAYAAJ|accessdate=18 September 2012|year=1983|publisher=A. Nelson|isbn=978-0-904614-08-4|page=30}} ''Argentina likes to stress that Argentine settlers were ousted and replaced. This is incorrect. Those settlers who wished to leave were allowed to go. The rest continued at the now renamed Port Louis.''</ref> while other historians such as Bulmer and [[Carlos Escudé|Escudé]] state that the settlers were in fact expelled by the British.<ref name="Bulmer1989">{{cite book|author=Bulmer-Thomas, Victor|title=Britain and Latin America: A Changing Relationship|url=http://books.google.com.ar/books?id=Kfk0AWSaHjoC|year=1989|publisher=Cambridge University Press|page=3}} ''The newly independent state of the United Provinces of the Río de La Plata (Argentina) occupied the islands in 1816, began their settlement in 1820, established a political and military command there in 1829, but was expelled by the Britain in 1833'' </ref><ref>[http://elguardian.com.ar/nota/revista/476/las-malvinas-seran-argentinas] Carlos Escudé, 02/18/2012: "Argentina has rights to the Falkland Islands because in 1833 it occupied them legally and was expelled by force, against all right."</ref>


On the basis of the claim of the "forcible ejection of Argentine settlers", Argentine argues that the modern Falkland Islanders do not have the right to self-determination, as they replaced a pre-existing Argentine settlement.
On the basis of the claim of the "forcible ejection of Argentine settlers", Argentine argues that the modern Falkland Islanders do not have the right to self-determination, as they replaced a pre-existing Argentine settlement, as stated by Prof Risman.<ref name="Risman1983">{{cite book|author=Risman, W. M|title=The struggle for the Falklands|url=http://heinonline.org/HOL/Page?handle=hein.journals/ylr93&div=24&collection=journals&set_as_cursor=41&men_tab=srchresults|year=1983|publisher=The Yale Law Journal|page=306}}</ref>


===Islanders' Position ''and'' (possibly) short analysis of what may happen in the future: Limit 1 paragraph===
===Islanders' Position ''and'' (possibly) short analysis of what may happen in the future: Limit 1 paragraph===

Revision as of 18:20, 7 December 2012

PLEASE NOTE: Although I have divided the "Sovereignty dispute" into sub-sections, the sub-headings shall be deleted upon completion of the new text.

Sovereignty dispute

Main article: Falkland Islands sovereignty dispute
File:Malvinas-cartel.JPG
A sign at the Argentine-Brazilian border, translated into English, proclaims "The Malvinas are Argentine". Signs like this exist throughout Argentina.

Background (brief history): Limit 2 paragraphs

NOTE: Only edit this if you really, really, really, really, really, really (and so on) think something crucial is missing.

The United Kingdom and Argentina claim responsibility for the Falkland Islands. Although Argentina claims it inherited the islands from Spain upon independence, the modern dispute inititated shortly after the formation of the United Nations in 1945. That year, Argentina reasserted its right to sovereignty over the Falkland Islands and its dependencies (primarily South Georgia and the South Sandwich Islands). In 1947 and 1948, the United Kingdom offered to take the case of the dependencies to the International Court of Justice. In 1955, the United Kingdom unilaterally submitted the case for an opinion but this ended in deadlock when Argentina announced that it would not respect the decision of the Court.[1] In 1964, the United Nations passed a resolution calling on the UK and Argentina to proceed with negotiations over the sovereignty dispute.[2] A series of talks between the two nations took place until 1981, but they failed to reach a conclusion on sovereignty.[3]

After the 1982 Falklands War, the United Kingdom and Argentina severed their diplomatic relations until 1990.[4] In 2007, Argentina reasserted its claim over the Falkland Islands, asking for the UK to resume talks on sovereignty.[5] In 2009, British Prime Minister Gordon Brown met with Argentine President Cristina Fernández de Kirchner, and declared that there would be no talks over the future sovereignty of the Falkland Islands.[6] As far as the United Kingdom and of the Falkland Islands are concerned, no pending issue to resolve exists.[7][8][9]

UK Position, Argentina counter-arguments: Limit 1 paragraph

The United Kingdom bases its position on continuous administration of the islands since 1833 (apart from the Argentine military occupation in 1982) and the islanders’ "right to self determination, including their right to remain British if that is their wish".[10] Yale professor W. M. Risman states that "Britain expelled the Argentinian inhabitants of the Falklands and barred those who wished to settle there after the English seizure of the islands. In the interim, an entirely British population took root and became the only indigenous Falkland Islanders."[11] Based on this fact Argentina argues that the islanders, being an implanted population, have no such right to Self-determination.

Argentine Position, UK counter-arguments: Limit 1 paragraph

Argentina claims that it acquired the islands from Spain when Argentina became independent in 1816 and that in 1833 the United Kingdom, using a threat of "greater force", expelled the Argentine authorities and settlers from the islands.[12] Political historian Lowell Gustafson argues that Clio and Tyne's implicit threat of force constitutes its usage, writing that "[t]he most successful use of force is to show it, not actually to fight".[13] However, Gustafson disputes the force's extent, adding that "this incident is not the forcible ejection of Argentine settlers that has become myth in Argentina".[13] British historian Mary Cawkell disputes that the settlers were ousted and replaced[14] while other historians such as Bulmer and Escudé state that the settlers were in fact expelled by the British.[15][16]

On the basis of the claim of the "forcible ejection of Argentine settlers", Argentine argues that the modern Falkland Islanders do not have the right to self-determination, as they replaced a pre-existing Argentine settlement, as stated by Prof Risman.[17]

Islanders' Position and (possibly) short analysis of what may happen in the future: Limit 1 paragraph

The islanders reject the Argentine sovereignty claim.[18] The Falkland Islanders consider themselves as almost entirely British and maintain their allegiance to the United Kingdom.[19][20][21]

In a 2012 meeting of the UN decolonisation committee, the Falkland Islands Government attempted to deliver a letter offering direct talks to the Argentinian representatives.[22] It was refused, as Argentina only recognises the UK government as a legitimate partner in negotiations.[23] On 12 June 2012, the Falkland Islands government announced it would hold a referendum on the political status of the islands in the first half of 2013.[24]

Possibly Important Text that Should go Somewhere, Elsewhere, or Nowhere

  • Afterwards, amidst the UK's decolonisation policy in the late 1960s, the British and Argentine governments secretely discussed the means by which the Falkland Islands could be ceded to Argentina while also protecting the rights and way of life of the islanders. However, after details of the talks were leaked, the islanders protested and, aside from the establishment of economic and transportation links between Argentina and the Falklands, the political situation remained unchanged.[27]
  • In 1998, in retaliation for the arrest in London of the former Chilean president Augusto Pinochet, the Chilean government banned flights between Punta Arenas and Stanley, thus isolating the islands from the rest of the world. Uruguay and Brazil refused to authorise direct flights between their territories and Stanley. This forced the islands' government to enter negotiations with the Argentine government and led to Argentina authorising direct flights between its territory and Stanley, on condition that Argentine citizens be allowed on the islands.[28]
  • Under his government the Argentine and the United Kingdom (acting on behalf of the Falkland Islands) set up the South Atlantic Fisheries Commission (SAFC) in 1990 to exchange information and to coordinate fishing activities in the South Atlantic[29]
  • In 1994, Argentina reformed its constitution and, among other changes, included a statement declaring that this claim must be pursued in a manner "respectful of the way of life of their inhabitants and according to the principles of international law".[30]
  • Néstor Kirchner, campaigning for president in 2003, regarded the islands as a top priority, taking actions such as banning flights to the Falklands from Argentine airspace. In June 2003 the issue was brought before a United Nations committee, and attempts have been made to open talks with the United Kingdom to resolve the issue of the islands.[4]
  • In October 2007 a British spokeswoman confirmed that Britain intended to submit a claim[31] to the UN to extend seabed territory around the Falklands and South Georgia, in advance of the expiry of the deadline[32] for territorial claims following Britain's ratification of the 1982 Law of the Sea Convention.[33] This claim would enable Britain to control activities such as fishing within the zone, in areas not conflicting with the Antarctic Treaty.[34] Argentina has indicated it will challenge any British claim to Antarctic territory and the area around the Falkland Islands and South Georgia.[35] Argentina made a similar claim in 2009,[36] and the United Kingdom quickly protested against these claims.[37]
  • Since 2005 the South Atlantic Fisheries Commission has been largely moribund as the Argentine Government reduced co-operation, declining to continue the routine joint meeting process and suspending joint scientific activities[29] and in 2009, when delegates from the Falkland Islands were invited to an international fisheries sustainability conference convened by Spain, the Argentine delegation protested and walked out of the conference.[4][38] In February 2010, the Argentine government announced that ships traversing Argentine territorial waters en route to the Falklands, South Georgia and the South Sandwich Islands would require a permit, as part of a dispute over British oil exploration near the Falklands. The British and Falkland governments stated that Falklands-controlled waters were unaffected.[39] In February 2012, two cruise liners were prevented from docking in the port of Ushuaia in the Argentinian province of Tierra del Fuego apparently because they had vistied the Falklands.[40]

Notes

  1. ^ "Preface to a conflict". The Falkland Islands – A history of the 1982 conflict. Royal Air Force. Archived from the original on 6 June 2011. Retrieved 6 February 2012.
  2. ^ United Nations Resolution 2065, Question of the Falkland Islands (Malvinas). Falkland Islands Information Portal.
  3. ^ UK held secret talks to cede sovereignty. The Guardian. 28 June 2005. Retrieved on 20 November 2011.
  4. ^ a b c "Argentina and the Falkland Islands" (PDF). House of Commons Library. 22 June 2010. Retrieved 17 August 2011.
  5. ^ "Argentina Reasserts Claim to Falkland Islands". VOA News. Voice of America. 3 January 2007. Retrieved 3 January 2009.[dead link]
  6. ^ "No talks on Falklands, says Brown". BBC News. 28 March 2009. Retrieved 11 February 2012.
  7. ^ Leonard, Tom (22 February 2010). "Falkland Islands: Argentina can't scare us, say islanders". The Daily Telegraph. London. Retrieved 13 January 2011.
  8. ^ Watt, Nicholas (28 March 2009). "Falkland Islands sovereignty talks out of the question, says Gordon Brown". The Guardian. London. Retrieved 29 April 2009.
  9. ^ "Falkland Islands Government Overview". Falkland Islands Government. Retrieved 15 March 2010.
  10. ^ "Falkland Islands (British Overseas Territory)". Travel & living abroad. United Kingdom Foreign and Commonwealth Office. Retrieved 17 May 2011.
  11. ^ "The Struggle for The Falklands". Yale Law School. 01 Jan 1983. {{cite web}}: Check date values in: |date= (help)
  12. ^ Cite error: The named reference AR_FA was invoked but never defined (see the help page).
  13. ^ a b Lowell S. Gustafson (7 April 1988). The Sovereignty Dispute Over the Falkland (Malvinas) Islands. Oxford University Press. p. 26. ISBN 978-0-19-504184-2. Retrieved 18 September 2012.
  14. ^ Mary Cawkell (1983). The Falkland story, 1592–1982. A. Nelson. p. 30. ISBN 978-0-904614-08-4. Retrieved 18 September 2012. Argentina likes to stress that Argentine settlers were ousted and replaced. This is incorrect. Those settlers who wished to leave were allowed to go. The rest continued at the now renamed Port Louis.
  15. ^ Bulmer-Thomas, Victor (1989). Britain and Latin America: A Changing Relationship. Cambridge University Press. p. 3. The newly independent state of the United Provinces of the Río de La Plata (Argentina) occupied the islands in 1816, began their settlement in 1820, established a political and military command there in 1829, but was expelled by the Britain in 1833
  16. ^ [1] Carlos Escudé, 02/18/2012: "Argentina has rights to the Falkland Islands because in 1833 it occupied them legally and was expelled by force, against all right."
  17. ^ Risman, W. M (1983). The struggle for the Falklands. The Yale Law Journal. p. 306.
  18. ^ Leonard, Tom (22 February 2010). "Falkland Islands: Argentina can't scare us, say islanders". Daily Telegraph. Retrieved 23 August 2011.
  19. ^ Leonard, Tom (22 February 2010). "Falkland Islands: Argentina can't scare us, say islanders". The Daily Telegraph. London. Retrieved 13 January 2011.
  20. ^ Watt, Nicholas (28 March 2009). "Falkland Islands sovereignty talks out of the question, says Gordon Brown". The Guardian. London. Retrieved 29 April 2009.
  21. ^ "Falkland Islands Government Overview". Falkland Islands Government. Retrieved 15 March 2010.
  22. ^ [2] Summers invites Argentina to sit down and enter into a dialogue with the people of the Falklands
  23. ^ "Canciller argentino no acepta carta de los isleños". Terra. June 14, 2012. Retrieved November 27, 2012.
  24. ^ "Falkland Islands to hold referendum on sovereignty". BBC. 12 June 2012. Retrieved 12 June 2012.
  25. ^ "Remaining 16 Non-Self-Governing Territories on United Nations List Are "16 Too Many", Fourth Committee Told, As It Takes Up Cluster of Decolonization Issues". Department of Public Information, United Nations. 5 October 2009. Retrieved 17 May 2011.
  26. ^ "Independence of Colonial Peoples – Progress of decolonization". Encyclopedia of the Nations. Retrieved 17 May 2011.
  27. ^ Chenette, Richard D (4 May 1987). "The Argentine Seizure Of The Malvinas [Falkland] Islands: History and Diplomacy". Marine Corps Staff and Command College.
  28. ^ Falklands.info, Agreement of 14 July 1999
  29. ^ a b Dr. Alexander Arkhipkin (8 June 2010). "Illex 2010: the case for improved conservation". Fish Information and Services. Retrieved 25 November 2012.
  30. ^ "Argentina Constitution, Georgetown University". Georgetown University. 16 July 2008. Retrieved 15 March 2010.
  31. ^ Kelland, Kate (18 October 2007). "Britain to claim a million square km of Antarctica". Reuters. Retrieved 20 October 2007.
  32. ^ Dodds, Prof Klaus (19 October 2007). "Icy imperialism or reinforcement of the Antarctic treaty?". The Guardian. London. Retrieved 20 October 2007.
  33. ^ "Table of Contents to the UN Law of the Sea Convention". Globelaw.com. 10 December 1982. Retrieved 15 March 2010.
  34. ^ Boyle, Prof Alan (19 October 2007). "Icy imperialism or reinforcement of the Antarctic treaty?". The Guardian. London. Retrieved 20 October 2007.
  35. ^ Boycott, Owen (19 October 2007). "Argentina ready to challenge Britain's Antarctic claims". The Guardian. London. Retrieved 20 October 2007.
  36. ^ Piette, Candace (22 April 2009). "Americas | Argentina claims vast ocean area". BBC News. Retrieved 15 March 2010.
  37. ^ "'Not so fast,' says Britain as Argentina makes fresh appeal to UN over Falkland Islands". Mail on Sunday. 23 April 2009.
  38. ^ "Spanish apology to Argentina for "protocol error" involving Falklands' delegation". MercoPress. Montevideo. 17 September 2009. {{cite news}}: |access-date= requires |url= (help)
  39. ^ "Argentina toughens shipping rules in Falklands oil row". BBC News. 17 February 2010. Retrieved 17 August 2011.
  40. ^ "Falklands tension: Argentina 'turns away' cruise ships". BBC News. 28 February 2012. Retrieved 28 November 2012.
source: https://en.wikipedia.org/w/index.php?title=User:MarshalN20/sandbox&diff=prev&oldid=526900053

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