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Falkland dispute
1. The Re-Dispute over Falkland Islands
The history of dispute over Falkland
Island (Las Melvinas) was dated way back to
the early 18th century, French were the first
one to settle when they set up garrison on the
eastern part of the island, followed by the
British which settling another garrison,
independent of the French on another
uninhabited section of the island.
When The Papal Bull1 was issued in 1493, The Islands were on the Spanish side of
the line dividing South America between Spain and Portugal. So in 1713, roughly 320 years
after the Pope ‘granted’ sovereignty of the island to Spain, Spain put diplomatic pressure on
France and the Great Britain to take over control of the islands. France finally agreed to this
on 1766, Unfortunately, the same agreement wasn’t reached with the Great Britain, forcing
Spain to expelled British and taking the full control of the island in 1770, coming close to all-
out war in the process
After the Independent of Argentina in 1816, Argentina take claim over the island as it
included in the territory of its former colonial master (Spain). But in 1933 The British landed
once again and took over the Island (by Force) from Argentina. The British then settled
farmers and fisherman in the territory and continued to use it as a strategic outpost in the
South Atlantic.2
The dispute of Falkland sovereignty was reaching its peaked on 1982 and trigger The
Falkland War (Guerra de Las Malvinas). It was The Military Junta that invaded Falkland in
April 1982. This conflict last for 74 days and the Falkland was seized by the British Military
Task Force.
The Spark of Re-dispute shows in 2012, eventhought its actually start from 2010
when the British Desire Petroleum company started exploring for oil and gas 100 km north of
the Malvinas. on the 30th anniversary of the Falkland War, the government of Argentina
under President Cristina Fernández de Kirchner, express its anxiety to re-open the negotiation
1
Pattern Letters issued by Pope of the Catholic Church
2
(Marwick, 2012)
2. of Falkland sovereignty to Great Britain, this motion was rejected by Great Britain, creating a
high tension between both countries.
Geographically, the Island is closer to Argentina than to the Great Britain as it is
located on the continental shelf facing Argentina, and as stated in the 1958 UN Convention
on the Continental Shelf3, the Island is a part of Argentina Territory.
Since 17 June 1833, Argentina has noted and protested the Act of Force by British to
re-establish their domination over Falklands, as it is illegal under International law. By the
Principle of Uti Possidetis Juris4 the Falkland islands is a part of Argentina as it was a part of
Spain and Spain never renounced their sovereignty over the island. The Great Britain already
left in 1776 and renounced their sovereignty in the Nootka Sound Convention5 while
Argentina never renounced it Claim. It appeared that this is an attempted of Great Britain to
extend its territories in Americas as shown with the British invasions of the Río de la Plata6
years earlier.
The arrival of a new British Destroyer, HMS Dauntless, to the South Atlantic add oil
to the fire as it is interpreted as a sign of Militarization attempt of the Great Britain to
establish more of their power over the Falkland Islands. In response for this attempt the
President of Argentina, Cristina Kirchner stated that "We will present a complaint to the UN
Security Council and the UN General Assembly, as this militarization poses a grave danger to
international security.... We cannot interpret in any other way the deployment of an ultra-
modern destroyer accompanying the heir to the throne, who we would prefer to see in civilian
attire."7 This moves are popular with the Argentinean public, who are overwhelmingly
supportive of efforts to reclaim the islands.
Not only it is supported domestically, many Latin America country is also support
this. Chile's foreign minister recently declared support for Argentina's claim, Brazil and
Uruguay agreed to the ban on ships flying Falkland's flags recently, Even Fidel Castro and
3
an international treaty that established the rights of a sovereign state over the continental shelf surrounding
it
4
principle of international law which said newly formed sovereign states should have the same borders that
their preceding dependent are (colony) had before their independence.
5
Agreement between Spain and Britain in 1790s to avoid war over claims of territory in Pasific North west
coast of North west America
6
a series of unsuccessful British attempts to seize control of the Spanish colonies located around the La Plata
Basin in South America (today part of Argentina and Uruguay).
7
Statement to a group of politicians and Argentine veterans of the 1982 Falklands war on Tuesday, february
7th 2012.
3. Venezuelan President Hugo Cavez support Argentina and criticize the Great Britain's claim
on the Falklands.8
Bibliography
Aljazeera. (2012, february 8). news: Aljazeera. Retrieved may 11, 2012, from Aljazeera Web site:
http://www.aljazeera.com/news/americas/2012/02/20122722224917430.html
cancilleria. (2009, February 10). malvinas: cancileria. Retrieved Mei 11, 2012, from cancilleria:
http://www.cancilleria.gov.ar/portal/seree/malvinas/homeing.html
caracas. (2010, february 2010). Article : Reuters. Retrieved may 12, 2012, from Reuters:
http://www.reuters.com/article/2010/02/19/venezuela-falklands-idUSN2910731220100219
Marwick, N. (2012, february 26). comments & analysis: Politics. Retrieved may 11, 2012, from
Politics: http://www.politics.co.uk/comment-analysis/2012/02/26/comment-britain-and-argentina-
s-claims-to-the-falklands-are
Wilson, G. (2012, april 3). Politics: The Sun. Retrieved may 11, 2012, from The Sun Web Site:
http://www.thesun.co.uk/sol/homepage/news/politics/4235503/Argentine-president-Cristina-
Fernndez-de-Kirchner-slams-British-stance-on-Falklands-as-absurd.html
8
(caracas, 2010)