Thursday, February 9, 2012

Falkland Islands and The Falklands War

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The Falkland Islands are an archipelago in the South Atlantic Ocean located over 250 nautical miles (460kms;290 miles) East of the coast of mainland South America. The archipelago comprises East Falkland,West Falkland and 776 lesser islands.Stanley, the capital and only major city, is on East Falkland. The islands are a Self-governing British Overseas Territory, with the United Kingdom responsible for its defence and foreign affairs

The Falkland Islands and South Georgia and South Sandwich Islands are British Overseas Territories

Capital Stanley
Language English
Population 3140(2008 estimate)

Controversy and War

Controversy exists over the Falkland's original discovery and subsequent colonisation by Europeans. At various times there have been French, British, Spanish, and Argentine settlements.Britain re-established its rule in 1833, yet the islands remain claimed by Argentina .

Argentina says it has a right to the islands, which it calls the Malvinas, because it inherited them from the Spanish crown in the early 1800s. It has also based its claim on the islands' proximity to the South American mainland. But it has stressed that its claim to the territory is nowadays entirely peaceful.

Britain rests its case on its long-term administration of the Falklands and on the principle of self-determination for the islanders, who are almost all of British descent

In 1982, following Argentina's invasion of the islands, the two-month-long undeclared Falklands War between both countries resulted in the withdrawal of Argentine forces. Despite its defeat, Argentina still pursues its claim.

The military which had ruled Argentina since 1976 sought to maintain power by diverting public attention from the nation's poor economic performance and exploiting the long-standing feelings of the Argentines towards the islands on April 2, 1982invaded the Falklands Islands and other British Territories in the South Atlantic.
The UN Security Council issued resolution 502 calling on Argentina to withdraw forces from the Islands and for both parties to seek a diplomatic solution.
The British sent force to retake the islands, leading to the Falklands War . After short but fierce naval and air battles and a land campaign followed leading to the British taking the high ground surrounding Stanley on June11,1982. The Argentine forces surrendered on June 14,1982. The war resulted in the deaths of 255 British and 649 Argentine soldiers, sailors and airmen, as well as 3 civilian Falklanders.

Falkland Islands - Two Side Claim

Argentina says it inherited the islands from the Spanish crown in 1767 and the islands were seized by Britain in 1833
Britain says it had long previously established a settlement there and never relinquished sovereignty but has continuously inhabited and administered the islands since 1833

The Disputed Islands
Tricky question	Argentina's view of Las Malvinas	Britain's view of the Falklands
Who got there first?	The Argentine Ministry of Foreign Relations says the Malvinas were discovered by members of Portuguese explorer Ferdinand Magellan's expedition in 1520, and that he was navigating at the service of Spain. However, he did not land on the islands.	The British government makes much of the first known landing, which was by British naval Captain John Strong in1690. He named the Islands after Viscount Falkland, who was his patron at the time and shortly afterwards became First Lord of the Admiralty.
Who settled first?	Argentina says France established the settlement of Port Louis in 1764, but Spain objected and won recognition of its right to the Malvinas. After it was handed over in 1767, "there was always a Spanish governor residing in the Malvinas who reported to the authorities of Buenos Aires". It says a "clandestine" British expedition arrived in 1765 and established a fort in 1766. It says Spain expelled the settlers by force in 1770, but an agreement meant they were later allowed to resettle. It also claims the British Crown struck a secret deal with Spain to leave Port Egmont in 1774, and "from then on, the Spanish authorities continued to exercise their jurisdiction and control over the whole archipelago".	A small French colony, Port Louis, was established on East Falkland in 1764 and handed to the Spanish three years later. A British expedition reached Port Egmont, in the West Falkland, in 1765, and "took formal possession of it and of 'all the neighbouring islands' for King George III". Another British expedition established a settlement of about 100 people at Port Egmont in 1766, and although it withdrew on economic grounds in 1774, "sovereignty was never relinquished or abandoned". Britain says the Spanish settlement on East Falkland was withdrawn in 1811, "leaving the islands without inhabitants or any form of government".
How close geographically?	About 300 miles (480km)	About 8,000 miles (13,000km)
Why claim ownership?	Argentina says it has a right to the Malvinas because it inherited the islands from the Spanish crown, bolstered by the French concession in 1767. It also says the British left the Malvinas in 1774 and "remained silent for over 50 years", only objecting when a newly-independent Argentina made a series of actions in support of their sovereignty in the 1820s. It has also based its claim on the islands' proximity to the South American mainland.	Britain argues its case on its long-term administration of the islands and on the principle of self-determination for the residents. It says the islands have been continuously, peacefully and effectively inhabited and administered by Britain since 1833.
What are the legal claims?	Succession to territorial title provides the basis for the Argentinian claim, says Dr Marko Milanovic, of the University of Nottingham's School of Law. Argentina says Spain acquired ownership and upon its independence from Spain, that title was inherited by Argentina. But the UK says Spain's claim has lapsed, because Spain abandoned its outposts in the islands. "There is therefore both a legal and a factual dispute: first, under what conditions exactly can title over territory be abandoned, and second, did Spain in fact abandon it." Both sides have some good arguments, he says, and if it ever went to court, it is far from clear who would win. "International law does not overwhelmingly favour either Argentina or the UK. That is, among other reasons, why neither state is willing to submit the case to adjudication and bear the risk of losing it."	Several modes of acquisition of territory are recognised in international law, says Dr Milanovic. The prior discovery of an uninhabited island and its first effective occupation is one of these, but in this case both the exact legal parameters and the facts can be disputed. Prescription - or the acquisition of title through a long passage of time without protest by the adverse state - is recognised by international law, but again there are contentious legal and factual points. Self-determination hinges on the difficult question of whether the current population legally constitutes a "people", since only peoples - and not national minorities, of which there is also no universally accepted definition as whether factors like self-identification, or identification by others, culture and language play a part is disputed - are entitled to self-determination. "Are, for example, the populations of Jersey, Guernsey or the Isle of Man 'peoples' under international law? The answer is not clear."
What do the inhabitants want?	Argentina says the principle of self-determination does not apply to the Malvinas. Its foreign ministry says there must be a legitimate relationship between that population and the concerned territory. It says no such relationship exists in the Malvinas, as British colonists "occupied the islands by force in 1833, expelled the people that had settled there and did not allow their return, thus violating the territorial integrity of Argentina". It cites the sixth paragraph of UN resolution 1514, which says "any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations", and argues that the limitation imposed upon the right to self-determination means that it yields to respect for the territorial integrity.	Falkland Islanders have repeatedly made known their wish to remain British, according to the Foreign Office, which cites an Argentine-inspired poll, conducted in 1994, which revealed that 87% of them would be against any form of discussion with Argentina over sovereignty, under any circumstances. It says people who live in the Falklands are fully entitled to enjoy the right of self-determination, and it is committed to defending their right to choose their own future. Self-determination is a right that cannot be applied selectively or be open to negotiation - it is recognised in the UN Charter and the International Covenant on Civil and Political Rights. It also rejects Argentina's argument that the islanders do not enjoy the right of self-determination "on the (false) basis that they replaced an indigenous Argentine population expelled by force". It says there was no indigenous or settled population until British settlement.
What do leaders say?	President Cristina Fernandez de Kirchner has repeatedly requested talks on the islands' future and accused the UK of "arrogance" for refusing to negotiate. "In the 21st Century [Britain] continues to be a crude colonial power in decline."	Prime Minister David Cameron has said the Falklands will stay British for as long as the islanders want. "What the Argentinians have been saying recently, I would argue, is actually far more like colonialism because these people want to remain British and the Argentinians want them to do something else''

Post Falklands War

The dispute over control of the islands has continued since the Falklands War although diplomatic relations between Argentina and the UK were resumed in 1990.
In 1994, Argentina added its claim to the islands to the Argentine Constitution stating that this claim must be pursued in a manner "respectful of the way of life of their inhabitants and according to the principles of international law".
Since the war, successive Argentine governments have stated their intention to pursue their claim to the islands by peaceful means.
In 2007, 25 years after the war, Argentina reasserted its claim over the Falkland Islands, asking for the UK to resume talks on sovereignty.
In March 2009, British PM Gordon Brown stated in a meeting with Argentine President Cristina Fernandez that there would be no talks over the future sovereignty of the Falkland Islands.
In February 2010, the Argentine government announced that ships traversing Argentine territorial waters en route to the Falklands, South Georgia and the South Sandwich Islands would require a permit, as part of a dispute over British oil exploration near the Falklands.

Argentina to protest in UN over Falklands
Argentina's Foreign Minister Hector Marcos Timerman is to lodge a protest at the UN on Friday Feb 10,2012 against the UK's "militarisation" of the Falklands.The move was announced by Argentine President Cristina Fernandez de Kirchner on Wednesday Feb 08,2012.

UK and Argentina mark invasion 30 years on(April 2,1982-2012)

Services are being held in Britain and Argentina to mark the 30th anniversary of the start of the Falklands War.he anniversary comes amid renewed tension, as Argentina has reasserted its claim to the archipelago.

UK Prime Minister David Cameron said the day should be used to remember both the British and Argentine dead.In a statement,David Cameron also said that he remained committed to upholding British sovereignty over the islands.