Time
to solve the TERRITORIAL DISPUTE over the Falkland/Malvinas islands. The last
four posts introduced very briefly the background situation of this TERRITORIAL
DISPUTE.
Territory,
in principle, can be defined as an area owned and possessed by the population
(in land, water, space and, perhaps, cyberspace). Like population, it may have
features that could cause controversy in TERRITORIAL DISPUTES. Some of the
features that constitute territory will be reviewed using the Falkland/Malvinas
islands conflict as an example. Those that introduce controversy will be
analysed using the model proposed here. Next time we centre the attention on
borders, natural resources and defence.
Let us remember the way in why this series propose to deal with
TERRITORIAL DISPUTES. The
allocation of sovereignty will be given by: a) equal right to participate
(egalitarian consensus principle); b) the nature and degree of participation
depends on efficiency of accomplishing the particular objective/area/activity
at issue (principle of efficiency); c) each party receives a benefit (in terms
of rights and opportunities) that depends on what that party cooperates with
(input-to-output ratio principle); and d) provided the party with greater
ability and therefore greater initial participation rights has the obligation
to bring the other two parties towards equilibrium (equilibrium proviso). I
call this way of dealing with sovereignty conflicts or disputes the EGALITARIAN
SHARED SOVEREIGNTY.
Many
questions are to be expected. Amongst them: How is that translated into
geographical borders between the Falkland/Malvinas islands and Argentina? What
about the exploration and exploitation of natural resources? This question has
two parts: a) the sea-zone surrounding the Falkland/Malvinas islands only; and
b) the portion of Argentina’s sea-zone that overlaps with the Falkland/Malvinas.
Finally, in the hypothetical scenario that a party alien to the original
dispute decided to invade the Falkland/Malvinas islands, who would defend them?
The next posts on this blog series about TERRITORIAL DISPUTES will cover these questions.
NOTE: based on Chapter 7, Núñez, Jorge Emilio. 2017. Sovereignty Conflicts and International Law and Politics: A Distributive Justice Issue. London and New York: Routledge, Taylor and Francis Group.
Jorge Emilio Nunez
Twitter: @London1701
30th March 2018
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