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Poll: Who is the rightful owner of the Falklands?
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Argentina
0%
0 0%
United Kingdom(or Great Britain)
100.00%
5 100.00%
Other
0%
0 0%
Total 5 vote(s) 100%
* You voted for this item. [Show Results]

The Falklands: Its dispute, and who owns it?
#1

As we know, the Falklands War of 1982 was a war for the Falklands. It was caused by Argentina to solidify its claims to the islands, although the UK kicked them out after 2 months(I think?)

The factors that support Argentina's claim are:

That sovereignty of the islands was transferred to Argentina from Spain upon independence in 1810,[67] a principle known as uti possidetis juris.

That Spain never renounced sovereignty over the islands, even when a British settlement existed.

That Great Britain abandoned its settlement in 1774, and formally renounced sovereignty in the Nootka Sound Convention.

That the British dropped their claim by acquiescence by not protesting the many years of pacific and effective Spanish occupation, after the abandonment of Port Egmont.

That, in addition to uti possidetis juris, sovereignty was obtained when the islands were formally claimed in Argentina's name in 1820, followed by Argentina's confirmation and effective occupation from 1826 to 1833.

That the establishment of British de facto rule on the Falklands in 1833 (referred to as an "act of force" by Argentina) was illegal under international law, and this has been noted and protested by Argentina on 17 June 1833 and repeated in 1841, 1849, 1884, 1888, 1908, 1927, 1933, 1946, and yearly thereafter in the UN.

That the principle of self-determination is not applicable since the current inhabitants are not aboriginal and were brought to replace the Argentine population.

That the principle of self-determination does not apply to this sovereignty question because, as Argentina argues, the current inhabitants are a "transplanted population", of British character and nationality, not a distinct "people" as required by external self-determination doctrine.

That self-determination is further rendered inapplicable due to the disruption of the territorial integrity of Argentina that began with a forceful removal of its authorities in the islands in 1833, thus there is a failure to comply with an explicit requirement of UN Resolution 1514 (XV).

That the UN ratified this inapplicability of self-determination when the Assembly rejected proposals to condition sovereignty on the wishes of the islanders.

That the 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.

That Great Britain was looking to extend its territories in Americas as shown with the British invasions of the 
Río de la Plata years earlier.

Facts supporting the United Kingdom are:

That self determination is a universal right enshrined in UN charter, and applies in the case of the Falkland Islanders.

That the 2013 referendum, in which 99.8% of Falklands voters voted to remain a British Overseas Territory on a 92% turnout, was an exercise in self-determination that "demonstrated beyond all doubt" the islanders' views on the dispute; and that the result should be respected by all other countries including Argentina.

That Britain both claimed and settled the islands in 1765 before Argentina existed.

That the 1771 Anglo-Spanish agreement signed preserved the claims of both Spain and Britain, not Spain alone.

That Britain abandoned its settlement in 1774 due to economic pressures, but left a plaque behind proving sovereignty was not relinquished.

That the Nootka Sound Convention only stipulated against further establishments and did not affect existing claims to sovereignty.

That uti possidetis juris "is not a universally accepted principle of international law" and Argentina could not inherit the islands upon independence anyway as Spain did not have De facto control since 1811.

That Argentina's attempts to colonise the islands were ineffectual and there was no indigenous or settled population before British settlement.

That in 1833 an Argentine garrison was expelled but the civilian residents were encouraged to stay.

That the islands have been continuously and peacefully occupied by the UK since 1833, with the exception of "2 months of illegal occupation" by Argentina.

That the Arana-Southern Treaty of 1850 (the 'Convention of Settlement'), ended all possible claims by Argentina on the Falkland Islands.

That Argentine leaders indicated in the 1860s that there was no dispute between Argentina and Britain, and that Argentine maps printed between 1850 and 1884 did not show the islands as part of Argentina.

That the UN Special Committee on Decolonization resolutions calling for negotiations "are flawed because they make no reference to the Islanders' right to choose their own future".

The European Union Treaty of Lisbon ratifies that the Falkland Islands belong to Britain.

What does TSP think about this?

I think that the UK is the legal owner of the Falklands, as shown by the will of the people in the Falklands to remain British. Argentina has no right to claim these islands, as the UK has occupied them for hundreds of years, and its population is pro-British.

Basically, Argentina is throwing a tantrum over these islands. Geez, Argentina, get over it!
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)

Local Council Member(April 24-August 11)

Court Justice of TSP(August 15-December 7)


#2

I think the "natives wanting to remain British" thing pretty much settles this.
RandomGuy199
Representative of the Federal Republic of Karnetvor
Resident Venezuelan/Lampshade Bar & Grill Manager- The South Pacific
Soldier, South Pacific Special Forces



 "You're talkin' to the Rolex wearin', diamond ring wearin', kiss stealin', wheelin' n' dealin', limousine ridin', jet flyin', son of a gun, and I'm having a hard time keeping these alligators down!"
 
"The Nature Boy" Ric Flair
#3

The sun has not yet set on the British empire.
Darkstrait  :ninja:

Former Justice, Former Local Councilor, Roleplayer, Former SPSF Deputy for Recruitment, Politically Active Citizen, Ex-Spammer Supreme, and Resident Geek

"Hats is very fashion this year."

#4

If you look at the geography the Falklands does belong to Argentina, however it's up to the people of the Falklands. If they want to remain British then they should remain British, however if they want to be Argentinian then they should be Argentinian. They must be a referendum to decide.
Europeian Ambassador to The South Pacific
Former Local Council Member
Former Minister of Regional Affairs
Former High Court Justice




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