The Falkland Islands Dispute In International Law And Politics
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Author | : Lowell S. Gustafson |
Publisher | : Oxford University Press |
Total Pages | : 292 |
Release | : 1988-04-07 |
Genre | : Political Science |
ISBN | : 9780195364729 |
The complex question of the sovereignty of the Falkland Islands remains far from resolved, even after the military and political events that took place from April to June 1982. The first scholarly work of its kind, this broad and dispassionate study of the causes of the South Atlantic war between Britain and Argentina addresses the larger issues raised by the Falkland crisis and untangles a web of events and attitudes that stretch back over the past century. The book begins with a close evaluation of the two pivotal arguments: Argentina's stance that international law supports their historical right to the islands, and Britain's position that the length of their occupation of the Falklands, together with the principles of self-determination, legalized their de facto control. Gustafson then discusses how potential off-shore oil reserves, diplomacy, domestic politics, and the use of force entered into the sovereignty dispute; analyzes the effects of war on international relations; and considers possible future approaches to handling the dispute.
Author | : Raphael Perl |
Publisher | : London ; New York : Oceana Publications |
Total Pages | : 766 |
Release | : 1983 |
Genre | : Law |
ISBN | : |
Author | : Alberto R. Coll |
Publisher | : Routledge |
Total Pages | : 229 |
Release | : 2021-05-11 |
Genre | : History |
ISBN | : 1000347893 |
First published in 1985, The Falklands War was the first comprehensive work of its kind. The book brings together a wealth of work by scholars and practitioners in the fields of diplomacy, military affairs, and international politics and law. It provides a comprehensive and objective overview of the Falklands War and the underlying crisis that continued following it. This volume is a detailed study suitable for anyone wishing to expand their knowledge of the Falklands War.
Author | : Julius Goebel (Jr.) |
Publisher | : |
Total Pages | : 538 |
Release | : 1927 |
Genre | : Falkland Islands |
ISBN | : |
Author | : Peter J. Beck |
Publisher | : Routledge |
Total Pages | : 300 |
Release | : 2014-06-17 |
Genre | : Political Science |
ISBN | : 1317701070 |
Although the Falklands War of 1982 had a decisive outcome in respect to the restoration of British control, it failed to resolve the basic cause of the war: the Anglo-Argentine dispute over sovereignty. Relations between the two countries remain unstable, whilst a series of events throughout the past three decades have emphasised the sensitive and important nature of the international problem. First published in 1988, this book stresses the dispute’s significance as both a domestic and an international problem, with important consequences for other governments and such international organisations as the United Nations, as well as the two key players. The book shows an equal concern for the obvious and immediate problem of sovereignty, and for the long term future of the South Atlantic and Antarctic region. Discussing issues that remain of major political relevance, this reissue will be of particular value to students of politics, international relations and diplomatic history with an interest in the key developments within and background to the Anglo-Argentine dispute.
Author | : Surya P. Sharma |
Publisher | : BRILL |
Total Pages | : 374 |
Release | : 2024-01-15 |
Genre | : Law |
ISBN | : 900463519X |
This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.
Author | : Roberto C. Laver |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 332 |
Release | : 2001-02 |
Genre | : Law |
ISBN | : 9789041115348 |
The 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.
Author | : Alex Danchev |
Publisher | : Springer |
Total Pages | : 290 |
Release | : 2016-07-27 |
Genre | : Political Science |
ISBN | : 1349219320 |
This is a collection of important new work on the Falklands Conflict by the leading authorities in the field, British and Argentine. The themes of the volume are defence and diplomacy, and the problematic relationship between them. The authors investigate aspects of the conflict from the relevance of Falklands/Malvinas past, through the diplomatic and military crisis of 1982, to shifts in public opinion in both countries. Contributors include Peter Beck, Peter Calvert, Lawrence Freedman, Virginia Gamba-Stonehouse, Guillermo Makin and Paul Rogers.
Author | : Anthony Carty |
Publisher | : Manchester University Press |
Total Pages | : 287 |
Release | : 2019-09-01 |
Genre | : Political Science |
ISBN | : 152612792X |
Originally published in 1986 this book has become a classic of international law literature. It was a penetrating critique of the methodology of international law as it had come to be understood and accepted by the generality of international lawyers. It called for a realisation of the crucial role which international lawyers should play in reflecting in the nature and implications of the principles and arguments used by governments and other actors in the international stage. It called for a positive legal analysis of international issues. This edition comes with a new 10,000 word introduction that will put the original work it in its proper historical context. New generations of international legal scholars who did not read Carty in the 1980s and who have had little chance to do so since then because of the book's unavailability will show a great deal of interest in delving into the thoughts of one of the most influential critical legal thinkers.
Author | : Graham Pascoe |
Publisher | : Grosvenor House Publishing |
Total Pages | : 507 |
Release | : 2022-10-13 |
Genre | : History |
ISBN | : 1803810904 |
Falklands Facts and Fallacies is a pioneer work and an essential contribution to an understanding of the history and legal status of the Falkland Islands. It presents abundant evidence from documents (some never printed before) in archives in Buenos Aires, La Plata, Montevideo, London, Cambridge, Stanley, Paris, Munich and Washington DC, and provides the facts to correct the fallacies and distortions in accounts by earlier authors. It reveals persuasive evidence that the Falklands were discovered by a Portuguese expedition at the latest around 1518-19, and not by Vespucci or Magellan. It demonstrates conclusively that the Anglo-Spanish agreement of 1771 did not contain a reservation of Spanish rights, that Britain did not make a secret promise to abandon the islands, and that the Nootka Sound Convention of 1790 did not restrict Britain's rights in the Falklands, but greatly extended them at the expense of Spain. For the first time ever, extracts from the despairing letters from the Falklands written in German in 1824 to Louis Vernet by his brother Emilio are printed here in translation, revealing the total chaos of the abortive 1824 Argentine expedition to the islands. This book reveals how tiny the Argentine settlement in the islands was in 1826-33. In April 1829 there were only 52 people, and there was a constant turnover of population; many people stayed only a few months, and the population reached its maximum of 128 only for a few weeks in mid-1831 before declining to 37 people at the beginning of 1833. This work also refutes the falsehood that Britain expelled an Argentine population from the Falklands in 1833. That myth has been Argentina's principal propaganda weapon since the 1960s in its attempts to undermine Falkland Islanders' right to self-determination. In fact Britain encouraged the residents to stay, and only a handful left the islands. A crucial document printed here is the 1850 Convention of Peace between Argentina and Britain. At Argentina's insistence, this was a comprehensive peace treaty which restored "perfect friendship" between the two countries. Critical exchanges between the Argentine and British negotiators are printed here for the first time, which show that Argentina dropped its claim to the Falklands and accepted that the islands are British. That, and the many later acts by Argentina described here, definitively ended any Argentine title to the islands. The legal status of the Falklands is analysed here by extensive reference to legal works, to United Nations resolutions on decolonisation, and to rulings by the International Court of Justice, which together demonstrate conclusively that the islands are British territory in international law and that the Falkland Islanders, who have now (2022) lived in their country for over 180 years and for nine generations, are a unique people who are holders of territorial sovereignty with the full right of external self-determination. This book completely refutes the argumentation presented by Professor Marcelo Kohen and Facundo Rodríguez in their work Las Malvinas entre el Derecho y la Historia, Buenos Aires, 2015 (and its English version: The Malvinas/Falklands Between History and Law), which repeats many of the untruths and distortions that have been presented for over half a century by Argentine authors – and by Argentine governments at the United Nations. This second edition has been thoroughly revised and updated; in cases of difference it supersedes the first edition published in March 2020.