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| The ] are an ] in the ]. The islands have been subject to rival sovereignty claims since their discovery in the early 17th century. ], ], ] and the ] have all maintained colonies on the islands at some point. The islands are currently |
The ] are an ] in the ]. The islands have been subject to rival sovereignty claims since their discovery in the early 17th century. ], ], ] and the ] have all maintained colonies on the islands at some point. The islands are currently administered by the ], a position recognised by most countries in the world. ] also claims the islands. The sovereignty dispute escalated in 1982, when the ] was fought following an Argentine invasion of the islands. | ||
| ==History of Sovereignty claims== | |||
| ==Argentine claim== | |||
| ''See Also:] | |||
| ===First Settlements=== | |||
| Argentina considers that the islands were a Spanish territory and that they passed to Argentine sovereignty when Argentina became independent in 1816 (a principle known as ''uti possedetis''). They maintain that the islands were first discovered by Magallanes, that the Spanish bought out the French settlement and that Britain had abandoned her settlement (in 1774). The Spanish also maintained that while they allowed a British settlement on the islands, they did not concede sovereignty to the British. Further, they consider that Britain ceded its rights over the islands at the Nootka Sound Convention in 1790. When Argentina established a settlement on the islands in 1820, they were uninhabited. Thus they consider the ] to have been in breach of international law. On June 17, 1833, Manuel Moreno, the Argentine ambassador to the United Kingdom, delivered a formal complaint. From that moment onwards, Argentina has always contested what they regard as the British occupation of the islands. | |||
| France was the first country to establish defacto control in the Falkland Islands in ], when the colony of ] in ] was established. The French colony consisted of a small fort and some settlements with a population of around 250. | |||
| Another argument advanced by the Argentine governments is the fact that the islands are located on the ] facing Argentina, which would give them a claim, as stated in the ] ] ''Convention on the Continental Shelf''. The islands are included in the ] as territories to be considered for ]. | |||
| The British first discovered the Falklands in ], when a Captain John Strong sailed through the ], naming the passage of water after Anthony Cary, 5th Viscount Falkland, the ] at that time. The British were keen to settle the islands, as it had the potential to be a strategic naval base for passage around ]. In In 1765, Commander John Byron landed on West Falkland and founded a colony at ]. The following year, a Captain John McBride returned to Port Egmont to construct a fort. The British later discovered the French colony at Port Louis, and the first sovereignty dispute would begin. | |||
| Finally, the Argentine government states that the fact that the current population of the islands is purely British is not a valid argument for British possession of the islands, as it is a result of the British occupation of 1833, which Argentina considers to have been illegal, and in which the Argentine population was expelled by force. | |||
| ===Spanish involvement=== | |||
| In Argentina it is considered that in 1982 Argentine forces ''retomaron'' ("retook") the islands, while in the UK the word "invaded" is normally used. | |||
| Spain claimed the ] under provisions in the ] which agreed the limits of the Spanish Empire in the Americas, which included the Falkland Islands. When Spain discovered the British and French colonies on the Islands, a diplomatic row broke out between the claimants. As France was an ally of Spain at the time, an agreement was reached whereby control of Port Louis would transfer to Spanish control and the French would quit the islands. However Spain and Great Britain, although not at war, could not be described as allies. | |||
| ==British claim== | |||
| Britain claims that according to treaties signed with Spain, all land not under 'effective control' was open to colonisation even if it was within the territory allocated to Spain under the ] (an agreement made by the Catholic church between ] and ], but not recognised by any other nation). | |||
| The Spanish took control of Port Louis and renamed it Puerto Soledad in ]. In ], a Spanish expedition expelled the British colony in West Falkland, and Spain assumed total control of the Islands. After a period of diplomatic intensity, with threat of war between Spain and Great Britain, the British returned to their colony in West Falkland, although it was later abandoned in ] with a plaque asserting British sovereignty left behind. The British then signed the ] where they renounced colonial ambitions in South America, "and the islands adjacent". | |||
| Britain claims that the Spanish ceded sovereignty over the areas settled by the British and that Britain did not relinquish sovereignty when Port Egmont was abandoned in 1774. Furthermore Britain states that Argentina's claimed inheritance under the principle of ''uti possedetis'' is not accepted as a general principle of international law. Thus the British claim that the 1820 Argentine settlement was on British territory. Britain sees the events of 1833 as a legitimate retaking of the islands and the 1982 military efforts by Argentina as an invasion. | |||
| Spain now assumed uncontested sovereignty over the islands, ruling them from ]. The islands were abandoned by the Spanish in ], although sovereignty was presumed to remain with Spain. | |||
| Britain also cites the right of the islanders to self-determination and the continuous settlement since 1833—some families have been on the islands for more than five generations—as justification for continuing British sovereignty. | |||
| ===Argentina=== | |||
| Argentina gained independence from Spain in ]. Argentine assumed sovereignty over the islands held by the Spanish Empire, and in ] landed in the Falklands and established a colony. The Argentine colony was made up of penal colony, and a small fishing ports. The first Argentine Governor was appointed in ]. In response the British consul in Buenos Aires protested the move and restated the UK's original claim. | |||
| The Argentine colony was destroyed by the ] in ] following a piracy dispute. This left the islands in a state of anarchy, occupied by escaped convicts and pirates. Attempts by the Argentine government to re-establish the colony failed when a new Governor arrived in the islands, only to be murdered by the remaining colonists. In ], the United Kingdom ] and expelled the population, and regained defacto control of the islands | |||
| ===United Kingdom=== | |||
| After the 1833 invasion, the British began moves to begin a fully fledged colony on the islands. A colonial administration was formed in ]. This was expanded in ] when the UK unilaterally declared sovereignty over Antarctic tottery south of the Falklands, including ], the ], and the ], grouping them into the Falkland Islands Dependencies. | |||
| The ] of ] led to suspension of territorial claims south of the 60th parallel, and the Falkland Island Dependencies was reduced to include the Islands, South Georgia and the South Sandwich Islands. | |||
| Argentina never recognised British sovereignty in the Islands, and formally protested when the Falkland Islands dependencies were established. Argentina also began to claim the other British held islands in the South Atlantic in response to the creation of the Falkland Islands Dependency. However, as the United Kingdom was the leading superpower at the time, it was inconceivable for the Argentineans to successfully retake the Islands by military force. The UK had substantial naval power in the South Atlantic with a naval base in Port Stanley, and also at Simonstown in ]. | |||
| ==Sovereignty discussions== | |||
| Following World War II, the British Empire began a substantial decline, with colonies in Asia and Africa gaining independence. Argentina saw this as an opportunity to push their case for regaining sovereignty over the Falkland Islands, and raised the issue in the ]. In ], the United Nations passed a resolution calling on the UK and Argentina to proceed with negotiations on finding a peaceful solution to the sovereignty question. A series of talks between the two nations took place over the next 17 years until 1981. | |||
| Although the issue of sovereignty was of little concern to the British public, the Argentine public still viewed the issue as a significant national interest. This was shown in 1966 when a group of Argentine students hijacked an aircraft and flew it to Port Stanley, and "arrested" two British officials after landing on the racecourse. The ] detachment on the islands arrested the men and retuned them to Argentina to public acclaim. | |||
| The results of the sovereignty talks was mixed. Some progress in the talks came through on the issue of connections to the Argentine mainland. Argentina and the UK conspired to construct Port Stanley Airport, administered by the civilian arm of the Argentine Air Force. The UK also conceded passport control over the Islanders to Argentina following Argentina's imposition of immigration controls to Falkland Islanders visiting the mainland. | |||
| ==Falklands War== | |||
| The Falklands War of 1982 was the largest armed conflict over the sovereignty of the islands. The War was largely started following the occupation of ] by Argentine scrap merchants. However the UK had also reduced its presence in the Islands, by announcing the withdrawal of HMS Endurance, the Royal Navy's icebreaker ship and only permanent presence in the South Atlantic. The UK has also denied Falkland Islanders full British citizenship under the British Nationality Act 1981. | |||
| Argentina invaded the Islands on ], ]. Immediately the UK served diplomatic ties with Argentina, and began a diplomatic charm offensive to gain support from the United Nations Security Council, the European Community and the United States. The UN Security Council issued Resolution XXX, calling on Argentina to withdraw from the Islands. The European Community also condemned the invasion and imposed economic sanctions on Argentina. The United States supported mediated talks and initially took a neutral stance, although in private, substantial material aid was made available to the UK from the moment of invasion. The USA publicly supported the UK's position following the failure of peace talks. | |||
| The UK began offensive action against Argentina on ], ] and recaptured South Georgia following a short naval engagement. Royal Navy taskforce began operations to recover the Falkland Islands on ]. A series of naval and air engagement took place over the next few weeks before an amphibious landing at ]. X days later, the Argentine forces surrendered and control of the islands returned to the UK. | |||
| On XX, the Royal Navy ships XX sailed to the South Sandwich Islands and expelled the Argentine settlement at XX, leaving no Argentine presence on the Falkland Islands Dependency. | |||
| ==Post War== | |||
| Following the 1982 war, the UK increased their sovereign presence in the Falkland Islands. Firstly, ] was constructed which allowed fighter jets to be based on the islands and allowed the islands to be reinforced at a much shorter time period. The military garrison was also increased substantially. A new garrison was also constructed on ] . Royal Navy South Atlantic patrol was strengthen to include both HMS Endurance, and a Falkland Islands guardship. | |||
| As well as the military build-up, the UK also passed the ] which granted full British citizenship to the islanders. High profile British dignitaries also vested the islands to show British commitment to the islands, including ], the ] and ]. The UK has also pursed links to the islands from Chile, who provided help during the Falklands War. ] now provides a direct air link to Chile. | |||
| In 1985, the Falkland Islands Dependency was split into the Falkland Islands, and a new separate territory of ]. | |||
| ==Current Claims== | |||
| ===Argentina=== | |||
| Argentina has maintained a claim over the Falkland Islands since 1883. Supporters of Argentina's claim highlight the following factors that favour the claim: | |||
| * Sovereignty of the islands transferred to Argentina from Spain upon independence, (a principle known as ''uti possedetis'') | |||
| * Spain never renounced sovereignty over the islands, even when a British settlement existed | |||
| * Great Britain abandoned their settlement in ] | |||
| * Great Britain formally renounced sovereignty in the Nootka Sound Convention | |||
| * The UK invasion in 1833 was illegal under international law, and was formally protested by the Argentine government | |||
| * islands are located on the continental shelf facing Argentina, which would give them a claim, as stated in the 1958 UN Convention on the Continental Shelf | |||
| * Argentina has always claimed the Falklands, and never renounced its claim | |||
| ===United Kingdom=== | |||
| The United Kingdom's position on the sovereignty of the Falkland Islands has varied since discovery of the Islands in XX. The United Kingdom's direct interest in the Falkland Islands was originally derived from the strategic location of the islands as naval base in the South Atlantic, and for navigation around ]. Following the decline of the British Empire, the United Kingdom has generally followed a strategy of ] in line with the ] treaty. Supporters of the British sovereignty in the Falkland Islands base their arguments on the following factors: | |||
| * Although Great Britain signed treaties with Spain over colonisation in the Americas, it did not extend to territories not under effective control | |||
| * The UK did not renounce sovereignty over its settlement on the Islands after abandonment | |||
| * The principle of ''uti possedetis'' is not valid under international law | |||
| * The right of the islanders to self determination outweighs any Argentine claim | |||
| * The Islanders are fifth generation settlers, and are continuous settlers. | |||
| ==International Position== | |||
| The International position on the sovereignty of the islands is varied, with some countries supporting the British claim; with others supporting the Argentine claim. Some countries maintain a neutrality on the issue. | |||
| ===Supporters of the British claim=== | |||
| The United Kingdom’s sovereignty over the Falkland Islands is recognised by many countries. | |||
| The ] classes the islands as a special overseas territory, subject to EU law in some areas, and eligible for some European funding initiatives. The inclusion of the islands in an appendix to the proposed European constitution provoked a hostile Argentine response. | |||
| The ] recognises the islands as a British territory. The Falkland Islands are not represented in the Commonwealth as they are not an independent state, but they do participate in the ]. | |||
| ===Supporters of the Argentine claim=== | |||
| The Argentine claim to the Falkland Islands is supported by mainly South American and Latin nations. Peru is the most vocal supporter of the Argentine claim, and provided material aid during the ]. Brazil has also spoken in favour of the Argentine claim. Spain, although part of the European Union, has given tact support to the Argentine claim, voting in the Argentine interest in UN Security Council votes during the Falklands War. | |||
| ===Neutral=== | |||
| The United States maintains a neutrality on the island’s sovereignty. The CIA World Factbook lists the islands as ''Falkland Islands (Islas Malvinas)''; and CIA maps list that the islands are administered by the United Kingdom and claimed by Argentina. | |||
| ] | |||
Revision as of 14:45, 8 October 2005
| 1764 - 1767 |  France
|
| 1765 - 1774 |  Great Britain
|
| 1767 - 1811 | File:Spain flag large.png Spain |
| 1811 - 1820 | Uninhabited |
| 1820 - 1833 | File:Argentina flag large.png Argentina |
| 1833 - 1982 | File:Uk flag large.png United Kingdom |
| April - June 1982 | File:Argentina flag large.png Argentina |
| 1982 - | File:Uk flag large.png United Kingdom |
The Falkland Islands are an archipelago in the South Atlantic. The islands have been subject to rival sovereignty claims since their discovery in the early 17th century. Spain, France, Argentina and the United Kingdom have all maintained colonies on the islands at some point. The islands are currently administered by the United Kingdom, a position recognised by most countries in the world. Argentina also claims the islands. The sovereignty dispute escalated in 1982, when the Falklands War was fought following an Argentine invasion of the islands.
History of Sovereignty claims
See Also:History of the Falkland Islands
First Settlements
France was the first country to establish defacto control in the Falkland Islands in 1764, when the colony of Port Louis in East Falkland was established. The French colony consisted of a small fort and some settlements with a population of around 250.
The British first discovered the Falklands in 1690, when a Captain John Strong sailed through the Falkland Sound, naming the passage of water after Anthony Cary, 5th Viscount Falkland, the First Lord of the Admiralty at that time. The British were keen to settle the islands, as it had the potential to be a strategic naval base for passage around Cape Horn. In In 1765, Commander John Byron landed on West Falkland and founded a colony at Port Egmont. The following year, a Captain John McBride returned to Port Egmont to construct a fort. The British later discovered the French colony at Port Louis, and the first sovereignty dispute would begin.
Spanish involvement
Spain claimed the Falkland Islands under provisions in the Treaty of Utrecht which agreed the limits of the Spanish Empire in the Americas, which included the Falkland Islands. When Spain discovered the British and French colonies on the Islands, a diplomatic row broke out between the claimants. As France was an ally of Spain at the time, an agreement was reached whereby control of Port Louis would transfer to Spanish control and the French would quit the islands. However Spain and Great Britain, although not at war, could not be described as allies.
The Spanish took control of Port Louis and renamed it Puerto Soledad in 1767. In 1769, a Spanish expedition expelled the British colony in West Falkland, and Spain assumed total control of the Islands. After a period of diplomatic intensity, with threat of war between Spain and Great Britain, the British returned to their colony in West Falkland, although it was later abandoned in 1774 with a plaque asserting British sovereignty left behind. The British then signed the Nootka Sound Convention where they renounced colonial ambitions in South America, "and the islands adjacent".
Spain now assumed uncontested sovereignty over the islands, ruling them from Viceroyalty of the Río de la Plata. The islands were abandoned by the Spanish in 1811, although sovereignty was presumed to remain with Spain.
Argentina
Argentina gained independence from Spain in 1816. Argentine assumed sovereignty over the islands held by the Spanish Empire, and in 1820 landed in the Falklands and established a colony. The Argentine colony was made up of penal colony, and a small fishing ports. The first Argentine Governor was appointed in 1823. In response the British consul in Buenos Aires protested the move and restated the UK's original claim.
The Argentine colony was destroyed by the United States in 1829 following a piracy dispute. This left the islands in a state of anarchy, occupied by escaped convicts and pirates. Attempts by the Argentine government to re-establish the colony failed when a new Governor arrived in the islands, only to be murdered by the remaining colonists. In 1833, the United Kingdom invaded the Falkland Islands and expelled the population, and regained defacto control of the islands
United Kingdom
After the 1833 invasion, the British began moves to begin a fully fledged colony on the islands. A colonial administration was formed in 1842. This was expanded in 1908 when the UK unilaterally declared sovereignty over Antarctic tottery south of the Falklands, including South Georgia, the South Sandwich Islands, and the South Orkney Islands, grouping them into the Falkland Islands Dependencies.
The Antarctic Treaty System of 1959 led to suspension of territorial claims south of the 60th parallel, and the Falkland Island Dependencies was reduced to include the Islands, South Georgia and the South Sandwich Islands.
Argentina never recognised British sovereignty in the Islands, and formally protested when the Falkland Islands dependencies were established. Argentina also began to claim the other British held islands in the South Atlantic in response to the creation of the Falkland Islands Dependency. However, as the United Kingdom was the leading superpower at the time, it was inconceivable for the Argentineans to successfully retake the Islands by military force. The UK had substantial naval power in the South Atlantic with a naval base in Port Stanley, and also at Simonstown in South Africa.
Sovereignty discussions
Following World War II, the British Empire began a substantial decline, with colonies in Asia and Africa gaining independence. Argentina saw this as an opportunity to push their case for regaining sovereignty over the Falkland Islands, and raised the issue in the United Nations. In 1964, the United Nations passed a resolution calling on the UK and Argentina to proceed with negotiations on finding a peaceful solution to the sovereignty question. A series of talks between the two nations took place over the next 17 years until 1981.
Although the issue of sovereignty was of little concern to the British public, the Argentine public still viewed the issue as a significant national interest. This was shown in 1966 when a group of Argentine students hijacked an aircraft and flew it to Port Stanley, and "arrested" two British officials after landing on the racecourse. The Royal Marines detachment on the islands arrested the men and retuned them to Argentina to public acclaim.
The results of the sovereignty talks was mixed. Some progress in the talks came through on the issue of connections to the Argentine mainland. Argentina and the UK conspired to construct Port Stanley Airport, administered by the civilian arm of the Argentine Air Force. The UK also conceded passport control over the Islanders to Argentina following Argentina's imposition of immigration controls to Falkland Islanders visiting the mainland.
Falklands War
The Falklands War of 1982 was the largest armed conflict over the sovereignty of the islands. The War was largely started following the occupation of South Georgia by Argentine scrap merchants. However the UK had also reduced its presence in the Islands, by announcing the withdrawal of HMS Endurance, the Royal Navy's icebreaker ship and only permanent presence in the South Atlantic. The UK has also denied Falkland Islanders full British citizenship under the British Nationality Act 1981.
Argentina invaded the Islands on April 2, 1982. Immediately the UK served diplomatic ties with Argentina, and began a diplomatic charm offensive to gain support from the United Nations Security Council, the European Community and the United States. The UN Security Council issued Resolution XXX, calling on Argentina to withdraw from the Islands. The European Community also condemned the invasion and imposed economic sanctions on Argentina. The United States supported mediated talks and initially took a neutral stance, although in private, substantial material aid was made available to the UK from the moment of invasion. The USA publicly supported the UK's position following the failure of peace talks.
The UK began offensive action against Argentina on April 30, 1982 and recaptured South Georgia following a short naval engagement. Royal Navy taskforce began operations to recover the Falkland Islands on May 1. A series of naval and air engagement took place over the next few weeks before an amphibious landing at San Carlos Bay. X days later, the Argentine forces surrendered and control of the islands returned to the UK.
On XX, the Royal Navy ships XX sailed to the South Sandwich Islands and expelled the Argentine settlement at XX, leaving no Argentine presence on the Falkland Islands Dependency.
Post War
Following the 1982 war, the UK increased their sovereign presence in the Falkland Islands. Firstly, RAF Mount Pleasant was constructed which allowed fighter jets to be based on the islands and allowed the islands to be reinforced at a much shorter time period. The military garrison was also increased substantially. A new garrison was also constructed on South Georgia . Royal Navy South Atlantic patrol was strengthen to include both HMS Endurance, and a Falkland Islands guardship.
As well as the military build-up, the UK also passed the British Nationality (Falkland Islands) Act 1983 which granted full British citizenship to the islanders. High profile British dignitaries also vested the islands to show British commitment to the islands, including Margaret Thatcher, the Prince of Wales and Princess Alexandra. The UK has also pursed links to the islands from Chile, who provided help during the Falklands War. LAN now provides a direct air link to Chile.
In 1985, the Falkland Islands Dependency was split into the Falkland Islands, and a new separate territory of South Georgia and the South Sandwich Islands.
Current Claims
Argentina
Argentina has maintained a claim over the Falkland Islands since 1883. Supporters of Argentina's claim highlight the following factors that favour the claim:
- Sovereignty of the islands transferred to Argentina from Spain upon independence, (a principle known as uti possedetis)
- Spain never renounced sovereignty over the islands, even when a British settlement existed
- Great Britain abandoned their settlement in 1765
- Great Britain formally renounced sovereignty in the Nootka Sound Convention
- The UK invasion in 1833 was illegal under international law, and was formally protested by the Argentine government
- islands are located on the continental shelf facing Argentina, which would give them a claim, as stated in the 1958 UN Convention on the Continental Shelf
- Argentina has always claimed the Falklands, and never renounced its claim
United Kingdom
The United Kingdom's position on the sovereignty of the Falkland Islands has varied since discovery of the Islands in XX. The United Kingdom's direct interest in the Falkland Islands was originally derived from the strategic location of the islands as naval base in the South Atlantic, and for navigation around Cape Horn. Following the decline of the British Empire, the United Kingdom has generally followed a strategy of self determination in line with the United Nations treaty. Supporters of the British sovereignty in the Falkland Islands base their arguments on the following factors:
- Although Great Britain signed treaties with Spain over colonisation in the Americas, it did not extend to territories not under effective control
- The UK did not renounce sovereignty over its settlement on the Islands after abandonment
- The principle of uti possedetis is not valid under international law
- The right of the islanders to self determination outweighs any Argentine claim
- The Islanders are fifth generation settlers, and are continuous settlers.
International Position
The International position on the sovereignty of the islands is varied, with some countries supporting the British claim; with others supporting the Argentine claim. Some countries maintain a neutrality on the issue.
Supporters of the British claim
The United Kingdom’s sovereignty over the Falkland Islands is recognised by many countries.
The European Union classes the islands as a special overseas territory, subject to EU law in some areas, and eligible for some European funding initiatives. The inclusion of the islands in an appendix to the proposed European constitution provoked a hostile Argentine response.
The Commonwealth of Nations recognises the islands as a British territory. The Falkland Islands are not represented in the Commonwealth as they are not an independent state, but they do participate in the Commonwealth Games.
Supporters of the Argentine claim
The Argentine claim to the Falkland Islands is supported by mainly South American and Latin nations. Peru is the most vocal supporter of the Argentine claim, and provided material aid during the Falklands War. Brazil has also spoken in favour of the Argentine claim. Spain, although part of the European Union, has given tact support to the Argentine claim, voting in the Argentine interest in UN Security Council votes during the Falklands War.
Neutral
The United States maintains a neutrality on the island’s sovereignty. The CIA World Factbook lists the islands as Falkland Islands (Islas Malvinas); and CIA maps list that the islands are administered by the United Kingdom and claimed by Argentina.
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