THE QUESTION OF THE MALVINAS ISLANDS. Brief Review. Title and Rights. Succession to the rights of Spain / Uti Possidetis Juris: Discovery; Spain-England Treaty, American Treaty of 1670 and Treaty of Utrecht of 1713; Recognition by France in 1767; Recognition by England in 1774;
THE QUESTION OF THE MALVINAS ISLANDS
- Argentina immediately protested against the usurpation of its territory by Great Britain.
- Argentina reiterated that protest on every pertinent occasion, demanding the restitution of its exercise of sovereignty and without ever consenting to the act of force that resulted in the usurpation.
- Argentina continuously offered Great Britain resort to peaceful dispute settlement mechanisms and even proposed international arbitration in the second half of the 19th century, but this was rejected by Great Britain.
- Takes into account the principles of self-determination and territorial integrity;
- Defines the beneficiaries of the decolonization process: “subjection of peoples to alien subjugation, domination and exploitation”;
- Proclaims the necessity of “bringing to a speedy and unconditional end colonialism in all its forms and manifestations”.
-Editorial Directive of 1966
-Resolution 3160(XXVIII) of 1973.
-Resolution 31/49 of 1976
- Memorandum of Understanding of 1968 (transfer of sovereignty/safeguards and guarantees);
- Practical aspects: Communications Agreement of 1971 (sovereignty formula);
- Consideration of joint dominion formulas (1974/1975)
- Consideration of transfer of sovereignty and British lease (1980)
United Nations, OAS, NAM
-Resolutions of the General Assembly: 37/9, 38/12, 39/6, 40/21, 41/40, 42/19, 43/25;
- Rejection by the General Assembly of two British amendments suggesting the incorporation of the principle of self-determination (1985);
- Resolutions of OAS;
- Declarations by Non-Aligned Countries;
- Resolutions of the Special Committee on Decolonization.
- Joint Declaration of 1989 (sovereignty formula; resumption of consular relations)
United Nations, OAS and regional and bi-regional groups.
- Secretary-General’s Good Offices Mandate.
- Resolutions of the Special Committee on Decolonization.
- OAS Declarations.
- Declarations of MERCOSUR Member and Associate States.
- Declarations of: Rio Group; South Atlantic Peace and Cooperation Zone, Ibero-American Summit, CALC Summit, ASPA Summit, ASA Summit, UNASUR.
- Resumption of Diplomatic Relations, February 1990;
- Provisional Understandings on practical matters under the sovereignty umbrella:
Joint Statement on Conservation of Fishing Resources (1990).
- Joint Declaration on Cooperation over Offshore Activities in the South West Atlantic (1995).
1999 Joint Declaration (communications, memorial, demining).
2005: last Meeting of the Fisheries Committee
2007: the Joint Declaration on Cooperation over Offshore Activities in the South West Atlantic of 1995 ceased to apply
Law No. 26386 amending the Federal Law of Fisheries, June 2008.
Resolution No. 407 of the Secretariat of Energy, March 2007
Decree No. 256/2010, April 2010
Law No. 26659 on Hydrocarbons, April 2011
Illegal unilateral activities including, among others, exploration for and exploitation of renewable and non-renewable natural resources, as well as military exercises in the disputed area.
Montevideo, 20 December 2011"
DECLARATION ON THE QUESTION OF THE MALVINAS ISLANDS
Asunción, 17 March 2012
DECLARATION ON THE DEPARTURE OF THE FRIGATE HMS MONTROSE FOR THE MALVINAS ISLANDS
Asunción, 29 October 2011
The Heads of State and Government of Latin America and the Caribbean, gathered in the Unity Summit, reaffirm their support for the legitimate rights of the Argentine Republic in the sovereignty dispute with the United Kingdom of Great Britain and Northern Ireland related to the Question of the Malvinas Islands.
Special Communiqué on the Question of the Malvinas Islands adopted by the Heads of State and Government at the 21st Ibero-American Summit, held in Asunción, Paraguay, on 28-29 October 2011:
The Heads of State and Government of the Ibero-American countries, gathered in Asunción, Paraguay, on the occasion of the 21st Ibero-American Summit:
Reaffirm the need for the Governments of the Argentine Republic and of the United Kingdom of Great Britain and Northern Ireland to resume, as soon as possible, negotiations aimed at finding a prompt solution to the sovereignty dispute over the Malvinas, South Georgia and South Sandwich Islands and the surrounding maritime areas, within the framework of the resolutions passed by the United Nations Organization, the Organization of American States and the provisions and objectives of the Charter of the United Nations, including the territorial integrity principle. We further highlight the Argentine Republic’s permanent disposition for dialogue.
With regard to the unilateral actions of exploration and exploitation of renewable and non-renewable resources that the United Kingdom has been carrying out in the disputed area, they recall the international community’s call to refrain from adopting decisions that entail unilateral modifications to the situation of the Malvinas Islands pursuant to Resolution 31/49 of the United Nations General Assembly, which do not contribute in any way to reaching a definitive solution to the territorial dispute.
Reiterate that the conduct of military exercises by the Government of the United Kingdom, including the firing of missiles from the territory of the Malvinas Islands, in addition to amounting to a violation of Resolution 31/49 referred to above, is incompatible with the policy aimed at searching for a peaceful solution to the territorial dispute between the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland.
In this regard, they highlight the successive UNGA resolutions urging the Secretary-General to carry out good offices efforts aimed at the resumption of negotiations for finding as soon as possible a peaceful solution to the aforesaid dispute.
Land AreaMalvinas Islands 11,410 km2South Georgia Islands 3,560 km2South Sandwich Islands 307 km2Exclusive Economic Zone and continental shelf up to 200 miles Malvinas Islands: 448,094 km2South Georgia and South Sandwich Islands: 1,122,970 km2 to the North 60°SSouth Georgia and South Sandwich Islands: 151,030 km2 to the South 60°S