SELF - DETERMINATION AND THE FALKLANDS / MALVINAS CASE United Nations General Assembly resolutions on the Falklands / Mavinas With the Falkland Islands ( Malvinas ) case , the United Nations encountered several particularities absent in ...
Author: Roberto C. Laver
Publisher: Martinus Nijhoff Publishers
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author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of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.
Myhre , ' ' Title to the Falklands / Malvinas , " p . 26. ... Such acquiescence is implied in cases where ... Quoted in Peter Beck , ' ' The Anglo - Argentine Dispute Over Title to the Falkland Islands : Changing British Perceptions on ...
Author: Lowell S. Gustafson
Publisher: Oxford University Press
Category: Political Science
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.
... have used the Falklands as a leading case study of diversionarywar theorizing: for example, J.S. Levy and L.I. Vakili, 'Diversionary Action by Authoritarian Regimes: Argentina in the Falklands/Malvinas Case', in M.I. Midlarsky (ed.) ...
Author: M. González
Category: Political Science
Drawing on a wide range of British and Argentine sources, this book highlights the importance of the neglected 1960s as the decade in which the dormant Falklands (Malvinas) dispute became reactivated, developing into a dynamic set of bilateral negotiations on the question of sovereignty.
Finally , in both cases the ' contiguous ' country - Argentina in the case of the Falklands / Malvinas , Spain in the case of Gibraltar - claims a reversionary title to sovereignty over the territory in question .
Author: Antonio Cassese
Publisher: Cambridge University Press
Which of the peoples currently claiming the right to self-determination have that right under international law? At what point does this political ideal turn into an international legal standard? This first comprehensive legal account asks how far self-determination is reshaping international relations and assesses the extent of its impact on traditional international institutions. The book scrutinizes State practice through national digests and United Nations proceedings and reappraises the concept against the whole body of international law, thus making an important contribution to an understanding of the interplay of law and politics.
In the Falkland/Malvinas case, the Spanish possession until 1811 and the Argentine possession until 1832 were notorious. There are many other cases supporting the conclusion that the international law of territory offers little help in ...
Author: Alberto R. Coll
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.
(1983) 'Research Problems in Studying Britain's Latin American Past: the Case of the Falklands Dispute 1920—50', Bulletin of Latin American Research, vol. ... (1985) 'The Future of the Falkland Islands: a Solution Made in Hong Kong?
Author: Peter J. Beck
Category: Political Science
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.