Wednesday, 11 December 2024

Territorial Disputes in the Americas blog series. Post 7: Falkland/Malvinas Islands

 

Falkland/Malvinas Islands (Argentina and the United Kingdom)

The Falkland/Malvinas Islands territorial dispute has all the elements for the type of conflict this series discusses, namely two sovereign States (Argentina and the United Kingdom) and a non-sovereign third territory (Falkland/Malvinas Islands).[1] Indeed, it has features that are often the main cause of controversy in sovereignty conflicts. A very brief historical account will put this into context.

There is doubt about who first sighted the islands and about the first landing (Ferdinand Magellan and/or Amerigo Vespucci or the English sea captain John Davis) in the 1500s. British and Spanish settlements appear afterwards. Argentina declared its independence from Spain (1816) and then claimed rights over the islands as they were part of the region previously under Spanish dominion (1829).

The United Kingdom and Argentina have had continuous presence and/or claimed exclusive sovereign rights over the islands since then, both bilaterally and internationally with a climax in 1982 with a war between the two.

According to the 2012 census the islands had 2841 inhabitants. Most of them (59%) considered themselves “Falkland Islanders” and a large percentage identified themselves as British (29%). Bilateral relations have been re-established after the war.

The sovereignty dispute over the islands continues nowadays. Commerce and trade between the islands and Argentina have been an issue. Because of the lack of negotiations, Argentina has threatened an economic blockade, an idea supported by other Latin-American States with visible immediate negative results for the islanders. In March 2013, the Falkland/Malvinas Islanders voted in a referendum whether they wanted (or not) to remain as British Overseas Territory. By a large majority (99.8%) they made clear their wishes to remain British.

In March 2013, the Falkland/Malvinas Islanders voted in a referendum whether they wanted (or not) to remain as British Overseas Territory. By a large majority (99.8%) they made clear their wishes to remain British.

The number of ballot papers issued was 1,522

The number of votes cast at the referendum was 1,518

The total number of rejected ballot papers was 1

The total number of votes validly cast at the referendum was 1,517

The percentage of turnout at the referendum was 92%

The number of “Yes” votes cast was 1,513 (99.8%)

The number of “No” votes cast was 3 (0.2%)

There was only one question with an explanatory preamble that read:

The current political status of the Falkland Islands is that they are an Overseas Territory of the United Kingdom.  The Islands are internally self-governing, with the United Kingdom being responsible for matters including defence and foreign affairs.  Under the Falkland Islands Constitution the people of the Falkland Islands have the right to self-determination, which they can exercise at any time.  Given that Argentina is calling for negotiations over the sovereignty of the Falkland Islands, this referendum is being undertaken to consult the people regarding their views on the political status of the Falkland Islands.  Should the majority of votes cast be against the current status, the Falkland Islands Government will undertake necessary consultation and preparatory work in order to conduct a further referendum on alternative options.

Do you wish the Falkland Islands to retain their current political status as an Overseas Territory of the United Kingdom?

YES or NO

For more information about this referendum, dates, the question and the relative leaflet see o

Falklands: referendum, dates and question

Link to Falklands: referendum, dates and question

Lisa Watson, editor of the ‘Penguin News’, gave an interview a week after the referendum in the Falklands. Amongst many issues, she talked about self-determination.

Interview and information available on this blog:

Self-determination and the Falklands: interview to Lisa Watson

Link to self-determination and the Falklands: interview to Lisa Watson

To finish today’s post, I am leaving a link to a post I published on this blog back in 2013 at the time of the referendum. I had the opportunity to have one of the Falkland’s islanders writing for us. Post available on this blog:

A day in the Falklands

Link to “A day in the Falklands”

To reiterate part of what I wrote at the time “[…] to have so many people arguing about others without even including them is just… bizarre. In any case in which someone’s life is going to be affected by another’s decision, that someone should at least BE HEARD. Why? Simply because they count, they have moral standing. Their life is the one that is going to be affected by any decision – and that of their children. […]

This blog series introduces, explains and assesses issues pertaining territorial disputes in the Americas including law, politics, culture, history and religion. There will be new posts every Monday, Wednesday and Friday.

The Falklands/Malvinas and the different accounts

State Sovereignty: Concept and Conceptions (OPEN ACCESS) (IJSL 2024)

AMAZON

ROUTLEDGE, TAYLOR & FRANCIS

Wednesday 11th December 2024

Dr Jorge Emilio Núñez

X (formerly, Twitter): https://x.com/DrJorge_World

https://drjorge.world


[1] This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty: International Law and Politics (London and New York: Routledge, Taylor & Francis Group, 2020).

No comments:

Post a Comment