Sovereignty of the Falkland Islands
Encyclopedia
| February 1764 – April 1767 | |
| January 1765 – July 1770 |  Kingdom of Great Britain |
| April 1767 – February 1811 |  Spain |
| September 1771 – May 1776 | Kingdom of Great Britain |
| February 1811 – August 1829 | None |
| August 1829 – December 1831 |  United Provinces |
| December 1831 – January 1832 | |
| January 1832 – December 1832 | None |
| December 1832 – January 1833 | |
| January 1833 – August 1833 |  United Kingdom of Great Britain and Ireland |
| August 1833 – January 1834 | None |
| January 1834 – April 1982 |  United Kingdom |
| April 1982 – June 1982 | Argentina |
| June 1982 – present | United Kingdom |
Sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
over the Falkland Islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
(Islas Malvinas in Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
) is disputed between Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
The British claim to de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
sovereignty dates from 1690, and the United Kingdom has exercised de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
sovereignty over the archipelago
Archipelago
An archipelago , sometimes called an island group, is a chain or cluster of islands. The word archipelago is derived from the Greek ἄρχι- – arkhi- and πέλαγος – pélagos through the Italian arcipelago...
almost constantly since 1833. Argentina has long disputed this claim, having been in control of the islands for a brief period prior to 1833. The dispute escalated in 1982, when Argentina invaded the islands
1982 invasion of the Falkland Islands
On 2 April 1982, Argentine forces mounted amphibious landings of the Falkland Islands . The invasion involved an initial defence force organised by the Falkland Islands' Governor Sir Rex Hunt giving command to Major Mike Norman of the Royal Marines, the landing of Lieutenant-Commander Guillermo...
, precipitating the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
.
Contemporary Falkland Islanders consider themselves to be British. They gained full British citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
with the British Nationality (Falkland Islands) Act 1983
British Nationality (Falkland Islands) Act 1983
The British Nationality Act 1983 was an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983...
, after the Falklands War. Argentina argues that the islanders do not have the right to self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
, arguing that they are not aboriginal
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
and were brought to replace the Argentine population that Argentina claims was expelled after the re-establishment of British rule in 1833. The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
have called on both countries to begin dialogue over the sovereignty claim.
History of the claims
French claim
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
control in the Falkland Islands, with the foundation of Port Saint Louis in East Falkland
East Falkland
East Falkland the largest of the Falkland Islands in the South Atlantic, has an area of and a coastline long. Most of the population of the Falklands live in East Falkland, almost all of them living in the northern half of the island...
, in 1764. The French colony consisted of a small fort and some settlements with a population of around 250. The Islands were named after the Breton port of St. Malo as the Îles Malouines, (which remains the French name for the islands). In 1766, France agreed to leave the islands to Spain, with Spain reimbursing France for the cost of the settlement.
Spanish claim
In 1493 the Pope Alexander VIPope Alexander VI
Pope Alexander VI , born Roderic Llançol i Borja was Pope from 1492 until his death on 18 August 1503. He is one of the most controversial of the Renaissance popes, and his Italianized surname—Borgia—became a byword for the debased standards of the Papacy of that era, most notoriously the Banquet...
issued a Papal bull
Papal bull
A Papal bull is a particular type of letters patent or charter issued by a Pope of the Catholic Church. It is named after the bulla that was appended to the end in order to authenticate it....
, Inter caetera
Inter caetera
Inter caetera was a papal bull issued by Pope Alexander VI on , which granted to Spain all lands to the "west and south" of a pole-to-pole line 100 leagues west and south of any of the islands of the Azores or the Cape Verde Islands.It remains unclear to the present whether the pope was issuing a...
, dividing the New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...
between Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
. The following year, the Treaty of Tordesillas
Treaty of Tordesillas
The Treaty of Tordesillas , signed at Tordesillas , , divided the newly discovered lands outside Europe between Spain and Portugal along a meridian 370 leagueswest of the Cape Verde islands...
between those countries agreed that the dividing line between the two should be 370 leagues west of the Cape Verde Islands. The Falklands lie on the western (Spanish) side of this line.
Spain claimed the Falkland Islands under provisions in the 1713 Treaty of Utrecht
Treaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
which settled the limits of the Spanish Empire
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
in the Americas
Americas
The Americas, or America , are lands in the Western hemisphere, also known as the New World. In English, the plural form the Americas is often used to refer to the landmasses of North America and South America with their associated islands and regions, while the singular form America is primarily...
. When Spain discovered the British and French colonies on the Islands, a diplomatic row broke out between the claimants. In 1766, Spain and France, who were allies at the time, agreed that France would hand over Port Saint Louis, and Spain would repay the cost of the settlement. Spain and Great Britain enjoyed uneasy relations at the time, and no corresponding agreement was reached.
The Spanish took control of Port Saint Louis and renamed it Puerto Soledad
Puerto Soledad
Puerto Soledad was a Spanish military outpost and penal colony on the Falkland Islands, situated at an inner cove of Berkeley Sound .-Port St...
in 1767. On 10 June 1770, a Spanish expedition expelled the British colony at Port Egmont
Port Egmont
Port Egmont was the first British settlement in the Falkland Islands, on Saunders Island.-History:Port Egmont was established in on 25 January 1765, by an expedition led by Commodore John Byron consisting of the boats , and...
, and Spain took de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
control of the Islands. Spain and Great Britain came close to war over the issue, but instead, concluded a treaty on 22 January 1771, allowing the British to return to Port Egmont with neither side relinquishing sovereignty claims.
The British returned in 1771 but for economic reasons decided to leave the Islands in 1774. The British withdrawal was completed in 1776, with a plaque asserting British sovereignty left behind, leaving Spain in de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
control. From 1774 to 1811, the islands were ruled from Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
as part of the Viceroyalty of the River Plate
Viceroyalty of the Río de la Plata
The Viceroyalty of the Río de la Plata, , was the last and most short-lived Viceroyalty of the Spanish Empire in America.The Viceroyalty was established in 1776 out of several former Viceroyalty of Perú dependencies that mainly extended over the Río de la Plata basin, roughly the present day...
. The Spanish governor was withdrawn in 1806, and the islands abandoned by the Spanish settlers by a 8 January 1811 decree of the Governor of Montevideo, in turn leaving a plaque asserting Spanish sovereignty.
British claim
John Strong (mariner)
John Strong was an English mariner.During an expedition from London to South America in 1689–91, commanding the HMS Welfare, he discovered the sound between the two main islands in the Falkland Islands. He named it Falkland Sound for Anthony Cary, 5th Viscount of Falkland, a part-owner in the Welfare...
sailed through Falkland Sound, naming this passage of water after Anthony Cary, 5th Viscount of Falkland
Anthony Cary, 5th Viscount of Falkland
Anthony Cary, 5th Viscount of Falkland PC was a Scottish nobleman and English politician. He was the son of Henry Cary, 4th Viscount Falkland....
, the First Lord of the Admiralty
Lord Commissioner of the Admiralty
The Lords Commissioners of the Admiralty were the members of the Board of Admiralty, which exercised command over the Royal Navy.Officially known as the Commissioners for Exercising the Office of Lord High Admiral of the United Kingdom of Great Britain and Northern Ireland &c. The Lords...
at that time. The British were keen to settle the islands, as they had the potential to be a strategic naval base for passage around Cape Horn
Cape Horn
Cape Horn is the southernmost headland of the Tierra del Fuego archipelago of southern Chile, and is located on the small Hornos Island...
. In 1765, Captain John Byron
John Byron
Vice Admiral The Hon. John Byron, RN was a Royal Navy officer. He was known as Foul-weather Jack because of his frequent bad luck with weather.-Early career:...
landed on Saunders Island
Saunders Island (Falkland Islands)
Saunders Island is the fourth largest of the Falkland Islands, lying north west of West Falkland. The island is run as a sheep farm.The island has an area of square miles and a has a coastline miles long . It is about 13 miles from east to west and almost that distance...
. He then explored other islands' coasts and claimed the group for Britain. The following year, Captain John McBride returned to Port Egmont
Port Egmont
Port Egmont was the first British settlement in the Falkland Islands, on Saunders Island.-History:Port Egmont was established in on 25 January 1765, by an expedition led by Commodore John Byron consisting of the boats , and...
, on Saunders, to construct a fort. The British later discovered the French colony at Port Saint Louis, and the first sovereignty dispute began.
The Spanish expelled the British colony in 1770, but it was restored in 1771 following British threats of war over the islands. However, in 1774, economic pressures leading up to the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
forced Great Britain to withdraw from many overseas settlements. By 1776, the British had left their settlement, leaving behind a plaque asserting British sovereignty over the islands. Although there was no British administration in the islands, British and American sealers routinely used them to hunt for seals, also taking on fresh water as well as feral cattle, pigs and even penguins for provisions. Whalers also used the islands to shelter from the South Atlantic weather and to take on fresh provisions.
Luis Vernet
Luis Vernet
Luis Vernet was a merchant from Hamburg of Huguenot descent. Vernet established a settlement on East Falkland in 1828, after first seeking approval from both the British and Argentine authorities. As such, Vernet is a controversial figure in the history of the Falkland Islands sovereignty dispute...
approached the British for permission to build a settlement at the former Spanish settlement of Puerto Soledad
Puerto Soledad
Puerto Soledad was a Spanish military outpost and penal colony on the Falkland Islands, situated at an inner cove of Berkeley Sound .-Port St...
, initially in 1826 and again in 1828 following the failure of the earlier expedition. In addition, Vernet requested British protection for his settlement should the British choose to form a permanent presence on the islands. After receiving assurances from the British minister chargé d'affaires
Chargé d'affaires
In diplomacy, chargé d’affaires , often shortened to simply chargé, is the title of two classes of diplomatic agents who head a diplomatic mission, either on a temporary basis or when no more senior diplomat has been accredited.-Chargés d’affaires:Chargés d’affaires , who were...
, Sir Woodbine Parish
Woodbine Parish
Sir Woodbine Parish KCH was a British diplomat, traveller and scientist.Educated at Eton College, he took up his first diplomatic post in 1814, and was involved in events immediately following the defeat of Napoleon at Waterloo...
, Vernet provided regular reports to the British on the progress of his enterprise. Vernet's appointment as Governor in 1829 was protested by the British Consul Parish, in return the Government of the United Provinces of the River Plate merely acknowledged the protest. Britain protested again when Vernet announced his intentions to exercise exclusive rights over fishing and sealing in the islands. (Similar protests were received from the American representative, who protested at the curtailment of established rights and that the United States did not recognise the jurisdiction of the United Provinces over the islands.) Vernet continued to provide regular reports to Parish throughout this period.
The raid of the in December 1831 combined with the United Provinces assertions of sovereignty were the spur for the British to establish a military presence on the islands.
On 2 January 1833, Captain James Onslow, of the brig-sloop HMS Clio, arrived at the Spanish settlement at Port Louis to request that the Argentine flag be replaced with the British one, and for the Argentine administration to leave the islands. While Argentine Lt. Col. José María Pinedo, commander of the Argentine schooner Sarandí, wanted to resist, his numerical disadvantage was obvious, particularly as a large number of his crew were British mercenaries who were unwilling to fight their own countrymen. Such a situation was not unusual in the newly independent states in Latin America, where land forces were strong, but navies were frequently quite undermanned. As such he protested verbally, but departed without a fight on 5 January. The colony was set up and the islands continued under a British presence until the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
.
After their return in 1833, the British began moves to begin a fully-fledged colony on the islands, initially based upon the settlers remaining in Port Louis. Vernet's deputy, Matthew Brisbane, returned later that year to take charge of the settlement and was encouraged to further Vernet's business interests provided he did not seek to assert Argentine Government authority.
In 1841, General Rosas
Juan Manuel de Rosas
Juan Manuel de Rosas , was an argentine militar and politician, who was elected governor of the province of Buenos Aires in 1829 to 1835, and then of the Argentine Confederation from 1835 until 1852...
offered to relinquish any Argentine territorial claims in return for relief of debts owed to interests in the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
. The British Government chose to ignore the offer.
A colonial administration was formed in 1842. This was expanded in 1908, when in addition to South Georgia claimed in 1775, and the South Shetland Islands
South Shetland Islands
The South Shetland Islands are a group of Antarctic islands, lying about north of the Antarctic Peninsula, with a total area of . By the Antarctic Treaty of 1959, the Islands' sovereignty is neither recognized nor disputed by the signatories and they are free for use by any signatory for...
claimed in 1820 the UK unilaterally declared sovereignty over more Antarctic territory south of the Falklands, including the South Sandwich Islands, the South Orkney Islands
South Orkney Islands
The South Orkney Islands are a group of islands in the Southern Ocean, about north-east of the tip of the Antarctic Peninsula. They have a total area of about ....
, and Graham Land
Graham Land
Graham Land is that portion of the Antarctic Peninsula which lies north of a line joining Cape Jeremy and Cape Agassiz. This description of Graham Land is consistent with the 1964 agreement between the British Antarctic Place-names Committee and the US Advisory Committee on Antarctic Names, in...
, grouping them into the Falkland Islands Dependencies.
Following the introduction of the Antarctic Treaty System
Antarctic Treaty System
The Antarctic Treaty and related agreements, collectively called the Antarctic Treaty System or ATS, regulate international relations with respect to Antarctica, Earth's only continent without a native human population. For the purposes of the treaty system, Antarctica is defined as all of the land...
in 1959 the Falkland Island Dependencies were reduced to include South Georgia and the South Sandwich Islands. Territory south of the 60th parallel was formed into a new dependency, the British Antarctic Territory
British Antarctic Territory
The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom as one of its 14 British Overseas Territories. It comprises the region south of 60°S latitude and between longitudes and , forming a wedge shape that extends to the South Pole...
which overlaps claims by Argentina (Argentine Antarctica
Argentine Antarctica
Argentine Antarctica is a sector of Antarctica claimed by Argentina as part of its national territory. The Argentine Antarctic region, consisting of the Antarctic Peninsula and a triangular section extending to the South Pole, is delimited by the 25° West and 74° West meridians and the 60° South...
) and Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
(Antártica Chilena Province
Antártica Chilena Province
Antártica Chilena Province is the southernmost and one of four provinces in Chile's southernmost region, Magallanes and Antártica Chilena Region . The capital is Puerto Williams...
).
In 1976 the British Government commissioned a study on the future of the Falklands, looking at the ability of the Islands to sustain themselves, and the potential for economic development. The study was led by Lord Shackleton
Edward Shackleton, Baron Shackleton
Edward Arthur Alexander Shackleton, Baron Shackleton, KG AC OBE PC FRS , was a British geographer and Labour Party politician....
, son of the Antarctic explorer, Ernest Shackleton
Ernest Shackleton
Sir Ernest Henry Shackleton, CVO, OBE was a notable explorer from County Kildare, Ireland, who was one of the principal figures of the period known as the Heroic Age of Antarctic Exploration...
. Argentina reacted with fury to the study and refused to allow Lord Shackleton permission to travel to the Islands from Argentina, forcing the British to send a Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
ship to transport him to the Islands. In response Argentina severed diplomatic links with the UK. An Argentine naval vessel later fired upon the ship carrying Shackleton as he visited his father's grave in South Georgia.
Shackleton's report found that contrary to popular belief, the Falkland Islands actually provided a surplus by its economic activities and was not dependent on British aid to survive. However the report stressed the need for a political settlement if further economic growth was to be achieved, particularly from the exploitation of any natural resources in the water around the Islands.
Argentine claim
Argentina declared its independenceArgentine Declaration of Independence
What today is commonly referred as the Independence of Argentina was declared on July 9, 1816 by the Congress of Tucumán. In reality, the congressmen that were assembled in Tucumán declared the independence of the United Provinces of South America, which is still today one of the legal names of the...
from Spain in 1816, although this was not then recognised by any of the major powers. Britain recognized Argentine independence on December 15, 1823, as the "province of Buenos Aires," but like the US did not recognise the full extent of the territory claimed by the new state.
The new state, the United Provinces of the River Plate, was formed by provinces of the former Viceroyalty of the River Plate
Viceroyalty of the Río de la Plata
The Viceroyalty of the Río de la Plata, , was the last and most short-lived Viceroyalty of the Spanish Empire in America.The Viceroyalty was established in 1776 out of several former Viceroyalty of Perú dependencies that mainly extended over the Río de la Plata basin, roughly the present day...
and as such claimed sovereignty over the Falklands. In October 1820, the frigate
Frigate
A frigate is any of several types of warship, the term having been used for ships of various sizes and roles over the last few centuries.In the 17th century, the term was used for any warship built for speed and maneuverability, the description often used being "frigate-built"...
Heroína
Heroina
The Heroína was a privately owned frigate that was operated as a privateer under a license issued by the United Provinces of the River Plate . It was under the command of American-born Colonel David Jewett and has become linked with the Argentine claim to sovereignty of the Falkland Islands...
, under the command of American privateer
Privateer
A privateer is a private person or ship authorized by a government by letters of marque to attack foreign shipping during wartime. Privateering was a way of mobilizing armed ships and sailors without having to spend public money or commit naval officers...
Colonel David Jewett
David Jewett
Colonel David Jewett is a notable figure in the history of the sovereignty dispute between Great Britain and Argentina as he commanded the Frigate Heroína that visited the Falkland Islands in 1820 and raised the first Argentine flag on the islands....
, arrived in Puerto Soledad
Puerto Soledad
Puerto Soledad was a Spanish military outpost and penal colony on the Falkland Islands, situated at an inner cove of Berkeley Sound .-Port St...
following an eight-month voyage and with most of her crew incapacitated by scurvy and disease (a storm had severely damaged the Heroína and had sunk its prize, the Carlota, forcing Jewett to put into Puerto Soledad for repairs). The captain chose to rest and recover in the islands, seeking assistance from the British explorer James Weddell
James Weddell
James Weddell was a British sailor, navigator and seal hunter who in the early Spring of 1823 sailed to latitude of 74°15' S and into a region of the Southern Ocean that later became known as the Weddell Sea.-Early life:He entered the merchant service very...
. Weddell reported that only thirty seamen and forty soldiers out of a complement of two hundred were fit for duty, and that Jewett slept with pistols over his head following an attempted mutiny. On November 6, 1820, Jewett raised the flag of the United Provinces of the River Plate and claimed possession of the islands for the new state. Weddell reported that the letter he received from Jewett read:
Sir, I have the honor of informing you that I have arrived in this port with a commission from the Supreme Government of the United Provinces of the Rio de la Plata to take possession of these islands on behalf of the country to which they belong by Natural Law. While carrying out this mission I want to do so with all the courtesy and respect all friendly nations; one of the objectives of my mission is to prevent the destruction of resources necessary for all ships passing by and forced to cast anchor here, as well as to help them to obtain the necessary supplies, with minimum expenses and inconvenience. Since your presence here is not in competition with these purposes and in the belief that a personal meeting will be fruitful for both of us, I invite you to come aboard, where you'll be welcomed to stay as long as you wish; I would also greatly appreciate your extending this invitation to any other British subject found in the vicinity; I am, respectfully yours. Signed, Jewett, Colonel of the Navy of the United Provinces of South America and commander of the frigate Heroína.
Many modern authors report this letter as the declaration issued by Jewett claiming the islands for Argentina. Weddell did not believe that Jewett was acting with the interests of the United Provinces in mind but, rather, had merely put into the harbour in order to obtain refreshments for his crew, and that Jewett's assumption of possession was chiefly intended to secure an exclusive claim to the wreck of the French ship Uranie, which had foundered at the entrance of Berkeley Sound
Berkeley Sound
Berkeley Sound is an inlet, or fjord in the north east of East Falkland in the Falkland Islands. The inlet was the site of the first attempts at colonisation of the islands, at Port Louis, by the French....
a few months earlier. Weddell left the islands on November 20, 1820, noting that Jewett had not yet completed repairs to the Heroína.
In 1823, the Argentines granted land on East Falkland
East Falkland
East Falkland the largest of the Falkland Islands in the South Atlantic, has an area of and a coastline long. Most of the population of the Falklands live in East Falkland, almost all of them living in the northern half of the island...
to Luis Vernet
Luis Vernet
Luis Vernet was a merchant from Hamburg of Huguenot descent. Vernet established a settlement on East Falkland in 1828, after first seeking approval from both the British and Argentine authorities. As such, Vernet is a controversial figure in the history of the Falkland Islands sovereignty dispute...
, who first travelled to the islands the following year. That first expedition failed almost as soon as it landed, and a second attempt, in 1826, sanctioned by the British (but delayed until winter by a Brazilian blockade), also failed after arrival in the islands. In 1828, the Argentine government granted Vernet all of East Falkland, including all its resources, with exemption from taxation if a colony could be established within three years. He took settlers, including British Captain Matthew Brisbane, and before leaving once again sought permission first from the British Consulate in Buenos Aires. The British asked for a report on the islands for the British government, and Vernet asked for British protection should they return.
On Vernet's return to the Falklands, Puerto Soledad was renamed Puerto Luis. The Argentine government appointed Vernet governor in 1829, to which the British objected as an Argentine attempt to foster political and economic ties to the islands. One of Vernet's first acts was to curb seal hunting
Seal hunting
Seal hunting, or sealing, is the personal or commercial hunting of seals. The hunt is currently practiced in five countries: Canada, where most of the world's seal hunting takes place, Namibia, the Danish region of Greenland, Norway and Russia...
on the Islands to conserve the dwindling seal population. In response, the British consul
Consul (representative)
The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...
at Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
protested the move and restated the claim of his government. Islanders were born during this period (including Malvina María Vernet y Saez, Vernet's daughter).
Vernet later seized the American ship Harriet for breaking his restrictions on seal hunting. Property on board the ship was seized and the captain was returned to Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
to stand trial. The American Consul in Argentina protested Vernet's actions and stated that the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
did not recognise Argentine sovereignty in the Falklands. The consul dispatched a warship, the USS Lexington
USS Lexington (1825)
The second USS Lexington was a sloop in the United States Navy built at the New York Navy Yard in Brooklyn, New York, in 1825; and commissioned on 11 June 1826, Master Commandant William B. Shubrick in command....
, to Puerto Luis
Port Louis, Falkland Islands
Port Louis is a settlement on northeastern East Falkland. It was established by Louis de Bougainville in 1764 as the first French settlement on the islands, but was then transferred to Spain in 1767 and renamed Puerto Soledad .-History:The settlement has seen several name changes...
to retake the confiscated property.
By 1831, the colony was successful enough to be advertising for new colonists, although a report by the captain of the Lexington suggests that the conditions on the islands were quite miserable. The captain of the Lexington in his report asserts that he destroyed the settlement's powder store and spiked the guns, however it was later claimed that during the raid the Argentine settlement at Puerto Luis was destroyed. Upon leaving to return to Montevideo
Montevideo
Montevideo is the largest city, the capital, and the chief port of Uruguay. The settlement was established in 1726 by Bruno Mauricio de Zabala, as a strategic move amidst a Spanish-Portuguese dispute over the platine region, and as a counter to the Portuguese colony at Colonia del Sacramento...
, the captain of the Lexington declared the islands to be res nullius
Res nullius
Res nullius is a Latin term derived from Roman law whereby res is not yet the object of rights of any specific subject. Such items are considered ownerless property and are usually free to be owned...
(the property of no one). (Darwin's visit in 1833 confirmed the squalid conditions in the settlement, although Captain Matthew Brisbane (Vernet's deputy) later insisted that those were the result of the attack by the Lexington.) Vernet having returned to Buenos Aires in 1831 before the Lexington's attack resigned as governor. An interim governor, Esteban José Francisco Mestivier, was appointed by the Argentine Government, who with his family arrived at Puerto Luis aboard the schooner Sarandí in October 1832. Mestivier's appointment again drew protests from the British consul in Buenos Aires.
The Sarandí, under the command of its captain, José María Pinedo, then began to patrol the surrounding seas. Upon its return to Puerto Luis on December 29, 1832, the Sarandí found the colony in an uproar. In Pinedo's absence there had been a mutiny led by a man named Gomila; Mestivier had been murdered and his wife raped. The captain of the French vessel Jean Jacques had meanwhile provided assistance disarming and incarcerating the mutineers. Pinedo dispatched the mutineers to Buenos Aires with the British schooner Rapid. Gomila would be condemned to exile, while six other mutineers were executed.
On January 2, 1833, Captain John Onslow arrived and delivered written requests that Pinedo lower the Argentine flag in favour of the British one, and that the Argentine administration leave the islands. Pinedo asked if war had been declared between Argentina and Great Britain; Onslow replied that it had not. Nonetheless, Pinedo, heavily outmanned and outgunned, left the islands under protest. Argentines subsequently claimed that the population of Puerto Luis was expelled at the same time, though sources from the time appear to dispute this, suggesting that the colonists were encouraged to remain under Vernet's deputy, Matthew Brisbane. Later that year, Manuel Moreno
Manuel Moreno
Manuel Moreno was an Argentine politician, brother of Mariano Moreno. He was one of the founders of the Federal Party in the province of Buenos Aires.-Biography:...
, representing the United Provinces before Britain, protested the occupation, which the British rejected six months later. The British did not answer other formal protests that were made annually until 1849.
Back on the mainland, Pinedo faced court martial; he was suspended for four months and transferred to the army, though he was recalled to the navy in 1845.
Sovereignty discussions
Following World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
declined and colonies in Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
, Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
and the Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
gained their independence. Argentina saw this as an opportunity to push its case for gaining sovereignty over the Falkland Islands and raised the issue in the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, first stating its claim after joining the UN in 1945. Following the Argentine claim, the United Kingdom offered to take the dispute over the Falkland Island Dependencies to mediation at the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
in the Hague (1947, 1948 and 1955); on each occasion Argentina declined.
In 1964, the United Nations passed a resolution calling on the UK and Argentina to proceed with negotiations on finding a peaceful solution to the sovereignty question which would be "bearing in mind the provisions and objectives of the Charter of the United Nations and of General Assembly resolution 1514 (XV) and the interests of the population of the Falkland Islands (Malvinas)."
A series of talks between the two nations took place over the next 17 years until 1981 but failed to reach a conclusion on sovereignty.
Following the signing of the Communications Agreement, on 3 July 1971 the Argentine Air Force
Argentine Air Force
The Argentine Air Force is the national aviation branch of the Armed Forces of the Argentine Republic. , it had 14,606 military and 6,854 civilian staff.-History:...
broke the islands' airways isolation by opening an air route with an amphibious flight from Comodoro Rivadavia
Comodoro Rivadavia
Comodoro Rivadavia is a city in the Patagonian province of Chubut in southern Argentina, located on the San Jorge Gulf, an inlet of the Atlantic Ocean, at the foot of the Chenque Hill. Comodoro Rivadavia is the most important city of the San Jorge Basin....
with Grumman HU-16B Albatross
HU-16 Albatross
The Grumman HU-16 Albatross is a large twin-radial engine amphibious flying boat that was utilized by the U.S. Air Force, the U.S. Navy and the U.S. Coast Guard, primarily as a search and rescue and combat search and rescue aircraft...
aircraft operated by LADE
Lade
Lade may refer to:People* Brendon Lade , Australian rules footballer* Sir John Lade , baronet and Regency horse-breeder* Heinrich Eduard von Lade , German banker and amateur astronomer...
, Argentina's military airline. In 1972, after Argentine request, the United Kingdom agreed to allow Argentina to construct a temporary air strip near Stanley. On 15 November 1972 a temporary runway was inaugurated with the first arrival of a Fokker F-27 with subsequent flights arriving twice weekly. Flights were improved in 1978 with Fokker F-28 jets following the completion of a permanent runway funded by the British Government. This service, representing the only connection by air to the islands, was maintained until the 1982 war.
Also YPF
Yacimientos Petrolíferos Fiscales
Yacimientos Petrolíferos Fiscales is an Argentine oil company.Founded in 1922 under President Hipólito Yrigoyen's administration, it was privatized in 1993 by Carlos Menem, and bought by the Spanish firm Repsol; the resulting merger in 1999 produced Repsol YPF...
, which was then the Argentine national oil and gas company, was in charge of supplying the island regularly.
Lack of progress in negotiations
Although the sovereignty discussions had some success in establishing economic and transport links between the Falklands and Argentina, there was no progress on the question of sovereignty of the Islands.Whilst maintaining the British claim for sovereignty, the British Government considered transfer of sovereignty worthy of improved relations with Argentina. However, the British Government had limited room for manoeuvre owing to the strength of the Falkland Islands lobby in the Houses of Parliament. Any measure that the Foreign Office suggested on the sovereignty issue was loudly condemned by the Islanders, who re-iterated their determination to remain British. This led to the British Government maintaining a position that the right to self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
of the Islanders was paramount. In return, Argentina did not recognise the rights of the Islanders and so negotiations on the sovereignty issue effectively remained at a stalemate.
Confrontation
In 1976, Argentina landed an expedition in Southern ThuleSouthern Thule
Southern Thule is a collection of the three southernmost islands in the South Sandwich Islands: Bellingshausen, Cook, and Thule . Southern Thule is British territory, though claimed by Argentina. The island group is barren, windswept, bitterly cold, and uninhabited. It has an extenzive EEZ rich...
, an island in the South Sandwich Islands which at that time was part of the Falkland Islands Dependency. The landing was reported in the UK only in 1978 although the UK government stated a rejection of the notion of sending a force of Royal Marines
Royal Marines
The Corps of Her Majesty's Royal Marines, commonly just referred to as the Royal Marines , are the marine corps and amphibious infantry of the United Kingdom and, along with the Royal Navy and Royal Fleet Auxiliary, form the Naval Service...
to dismantle the Argentine base, Corbeta Uruguay
Corbeta Uruguay
Corbeta Uruguay was an Argentine military outpost established in November 1976 on the island of Thule, Southern Thule, in the South Sandwich Islands. The base was established by order of the then-military junta governing Argentina as a way to back up its territorial claims on British territory in...
.
However, a more serious confrontation occurred in 1977 after the Argentine Navy cut off the fuel supply to Port Stanley Airport and stated they would no longer fly the Red Ensign
Red Ensign
The Red Ensign or "Red Duster" is a flag that originated in the early 17th century as a British ensign flown by the Royal Navy and later specifically by British merchantmen. The precise date of its first appearance is not known, but surviving receipts indicate that the Navy was paying to have such...
in Falklands waters. (Traditionally ships in a foreign country's waters would fly the country's maritime flag as a courtesy.) The British Government suspected Argentina would attempt another expedition in the manner of its Southern Thule operation. James Callaghan
James Callaghan
Leonard James Callaghan, Baron Callaghan of Cardiff, KG, PC , was a British Labour politician, who was Prime Minister of the United Kingdom from 1976 to 1979 and Leader of the Labour Party from 1976 to 1980...
, the British Prime Minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
ordered the dispatch of a nuclear submarine, HMS Dreadnought
HMS Dreadnought (S101)
The seventh HMS Dreadnought was the United Kingdom's first nuclear-powered submarine, built by Vickers Armstrongs at Barrow-in-Furness. Launched by Queen Elizabeth II on Trafalgar Day 1960 and commissioned into service with the Royal Navy in April 1963, she continued in service until 1980...
and the frigate
Frigate
A frigate is any of several types of warship, the term having been used for ships of various sizes and roles over the last few centuries.In the 17th century, the term was used for any warship built for speed and maneuverability, the description often used being "frigate-built"...
s Alacrity
HMS Alacrity (F174)
HMS Alacrity was a Type 21 frigate of the Royal Navy. Built by Yarrow Shipbuilders Ltd, Glasgow, Scotland, she was completed with Exocet launchers in "B" position....
and Phoebe
HMS Phoebe (F42)
HMS Phoebe was a Leander-class frigate of the Royal Navy . She was, like the rest of her class, named after a figure of mythology. Built by Vickers on the River Tyne, she was launched on the 19th December 1964 and commissioned on the 15th May 1966.In the year of her commission, Phoebe assisted in...
to the South Atlantic, with rules of engagement set in the event of a clash with the Argentine navy. The British even considered setting up an exclusion zone around the islands, but this was rejected in case it escalated matters. None of this was ever made public at the time, and Callaghan only revealed the operation during Parliamentary debates in 1982 during the Falklands War.
In the end, no military action occurred and diplomatic relations between Argentina and the UK were restored.
Falklands War
South Georgia and the South Sandwich Islands
South Georgia and the South Sandwich Islands is a British overseas territory and overseas territory of the European Union in the southern Atlantic Ocean. It is a remote and inhospitable collection of islands, consisting of South Georgia and a chain of smaller islands, known as the South Sandwich...
by Argentine scrap merchants. However the UK had also reduced its presence in the Islands by announcing the withdrawal of HMS Endurance
HMS Endurance (1967)
HMS Endurance was a Royal Navy ice patrol vessel that served from 1967 to 1991. She came to public notice when she was involved in the Falklands War of 1982.-Service history:...
, the Royal Navy's icebreaker ship and only permanent presence in the South Atlantic. The UK had also denied Falkland Islanders full British citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
under the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
.
In 1982, Argentina was in the midst of a devastating economic crisis and large-scale civil unrest against the repressive military junta that was governing the country. On 2 April, with Admiral Jorge Anaya
Jorge Anaya
Admiral Jorge Isaac Anaya was a member of the Argentine Navy. He was born in Bahía Blanca, in the province of Buenos Aires...
, the Argentine Navy
Argentine Navy
The Navy of the Argentine Republic or Armada of the Argentine Republic is the navy of Argentina. It is one of the three branches of the Armed Forces of the Argentine Republic, together with the Army and the Air Force....
commander-in-chief at the time, as the main architect and supporter of the operation, a combined Argentine amphibious force invaded the Islands
1982 invasion of the Falkland Islands
On 2 April 1982, Argentine forces mounted amphibious landings of the Falkland Islands . The invasion involved an initial defence force organised by the Falkland Islands' Governor Sir Rex Hunt giving command to Major Mike Norman of the Royal Marines, the landing of Lieutenant-Commander Guillermo...
. Immediately, the UK severed diplomatic ties with Argentina, began to assemble a task force to retake the Islands and a diplomatic offensive began to gain support for economic and military sanctions. The United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
issued Resolution 502
United Nations Security Council Resolution 502
United Nations Security Council Resolution 502 was a resolution adopted on 3 April 1982. After expressing its concern at the invasion of the Falkland Islands by the armed forces of Argentina, the Council demanded an immediate cessation of hostilities between Argentina and the United Kingdom and a...
calling on Argentina to withdraw forces from the Islands and to both parties to seek a diplomatic solution. Another resolution called for an immediate cease fire but was vetoed by both the United States and Britain. The European Community condemned the invasion and imposed economic sanctions on Argentina, although several EC states expressed reservations about British policy in this area, and two EC states (Denmark and Ireland) defected from cooperation. France and Germany also temporarily suspended several military contracts with the Argentine military. The United States supported mediated talks, via Secretary of State Alexander Haig
Alexander Haig
Alexander Meigs Haig, Jr. was a United States Army general who served as the United States Secretary of State under President Ronald Reagan and White House Chief of Staff under Presidents Richard Nixon and Gerald Ford...
, and initially took a neutral stance, although in private substantial material aid was made available to the UK from the moment of invasion. The USA publicly supported the UK's position following the failure of peace talks.
The British Task Force began offensive action against Argentina on 23 April 1982 and recaptured South Georgia following a short naval engagement. The operation to recover the Falkland Islands began 1 May and after fierce naval and air engagements an amphibious landing was made at San Carlos Bay
Port San Carlos
Port San Carlos is located on the northern bank of the inlet known as Port San Carlos, off San Carlos Water on the Western coast of East Falkland, in the Falkland Islands...
on 21 May. On 14 June the Argentine forces surrendered and control of the islands returned to the UK.
Following the Argentine surrender, two Royal Navy ships sailed to the South Sandwich Islands and expelled the Argentine military from Thule Island
Thule Island
Thule Island, also called Morrell Island, is one of the southernmost of the South Sandwich Islands, part of the grouping known as Southern Thule. It is named, on account of its remote location, after the mythical land of Thule, said by ancient geographers to lie at the extreme end of the earth...
, leaving no Argentine presence in the Falkland Islands Dependencies.
Post war
Following the 1982 war, the British increased their presence in the Falkland Islands. RAF Mount PleasantRAF Mount Pleasant
RAF Mount Pleasant is a military base for the Royal Air Force in the British Overseas Territory of the Falkland Islands. The facility is part of the British Forces South Atlantic Islands...
was constructed. This allowed fighter jets to be based on the islands and strengthened the UK's ability to reinforce the Islands at short notice. The military garrison was substantially increased and a new garrison was established on South Georgia. The Royal Navy South Atlantic patrol was strengthened to include both HMS Endurance and a Falkland Islands guard ship.
As well as this military build-up, the UK also passed the British Nationality (Falkland Islands) Act 1983
British Nationality (Falkland Islands) Act 1983
The British Nationality Act 1983 was an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983...
, which granted full British citizenship to the islanders. To show British commitment to the islands, high-profile British dignitaries visited the Falklands, including Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
, the Prince of Wales
Charles, Prince of Wales
Prince Charles, Prince of Wales is the heir apparent and eldest son of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. Since 1958 his major title has been His Royal Highness The Prince of Wales. In Scotland he is additionally known as The Duke of Rothesay...
and Princess Alexandra, The Hon Lady Ogilvy
Princess Alexandra, The Honourable Lady Ogilvy
Princess Alexandra, The Honourable Lady Ogilvy is the youngest granddaughter of King George V of the United Kingdom and Mary of Teck. She is the widow of Sir Angus Ogilvy...
. The UK has also pursued links to the islands from Chile, which had provided help to British Forces during the Falklands War. LAN now provides a direct air link to Chile from Mount Pleasant.
In 1985, the Falkland Islands Dependency was split into the Falkland Islands proper and a new separate territory of South Georgia and the South Sandwich Islands
South Georgia and the South Sandwich Islands
South Georgia and the South Sandwich Islands is a British overseas territory and overseas territory of the European Union in the southern Atlantic Ocean. It is a remote and inhospitable collection of islands, consisting of South Georgia and a chain of smaller islands, known as the South Sandwich...
.
Under the 1985 constitution the Falkland Islands Government (FIG) became a parliamentary representative democratic dependency, with the governor as head of government and representative of the Queen. Members of the FIG are democratically elected, the Governor is effectively a figurehead. Theoretically the Governor has the power under the 1985 constitution to exercise executive authority, in practice he is obliged to consult the Executive Council
Executive Council of the Falkland Islands
The Executive Council of the Falkland Islands is the policy making body of the Government of the Falkland Islands, exercising executive power by advising the Governor...
in the exercise of his functions. The main responsibilities of the Governor are external affairs and public services. Effectively under this constitution, the Falkland Islands are self-governing with the exception of foreign policy, although the FIG represents itself at the United Nations Special Committee on Decolonisation as the British Government no longer attends.
Embargo
An embargo is the partial or complete prohibition of commerce and trade with a particular country, in order to isolate it. Embargoes are considered strong diplomatic measures imposed in an effort, by the imposing country, to elicit a given national-interest result from the country on which it is...
against Argentina that was initiated during the 1982 war, which forced Argentine armed forces, traditionally a UK buyer, to switch to other markets.
Relations improved further in the 1990s between the UK and Argentina. In 1998, Carlos Menem
Carlos Menem
Carlos Saúl Menem is an Argentine politician who was President of Argentina from 1989 to 1999. He is currently an Argentine National Senator for La Rioja Province.-Early life:...
, the President of Argentina
President of Argentina
The President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
visited London, where he reaffirmed his country's claims to the Islands, although he stated that Argentina would use only peaceful means for their recovery. In 2001, Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
, Prime Minister of the United Kingdom
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
visited Argentina where he stated that he hoped the UK and Argentina could resolve their differences that led to the 1982 war. However, no talks on sovereignty took place during the visit and Argentina's President Néstor Kirchner
Néstor Kirchner
Néstor Carlos Kirchner was an Argentine politician who served as the 54th President of Argentina from 25 May 2003 until 10 December 2007. Previously, he was Governor of Santa Cruz Province since 10 December 1991. He briefly served as Secretary General of the Union of South American Nations ...
stated that he regarded gaining sovereignty over the islands as a 'top priority' of his government.
Argentina renewed claims in June 2006 citing concern over fishing and petroleum rights, amid concern when Britain changed from annually granting fishing concessions, to granting a 25 year concession. On 28 March 2009, UK Prime Minister Gordon Brown stated that there was “nothing to discuss” with Cristina Kirchner, the Argentine president, over sovereignty of the islands, when they met in Chile on his pre-2009 G-20 London Summit
2009 G-20 London summit
The 2009 G-20 London Summit is the second meeting of the G-20 heads of state in discussion of financial markets and the world economy, which was held in London on 2 April 2009 at the ExCeL Exhibition Centre. It followed the first G-20 Leaders Summit on Financial Markets and the World Economy, which...
world tour. On 22 April 2009 Argentina made a formal claim to the UN to an area of the continental shelf encompassing the Falklands, South Georgia and South Sandwich Islands, and parts of Antarctica, citing 11 years worth of maritime survey data. The UK quickly protested these claims.
In February 2010, in response to British plans to begin drilling for oil, the Argentine government announced that ships travelling to the Falklands (as well as South Georgia and the South Sandwich Islands) would require a permit to use Argentine territorial waters. The British and Falkland governments stated that this announcement did not affect the waters surrounding the islands. Despite the new restrictions, Desire Petroleum
Desire Petroleum
Desire Petroleum plc is an oil and gas exploration company headquartered in Malvern, United Kingdom. It owns offshore exploration and production licences in the North Falkland Basin in the waters north of the Falkland Islands...
began drilling for oil on 22 February, about 100 kilometres (54 nmi) (100 km, 62 mi) north of the Islands.
Claims by Argentina
Tierra del Fuego Province (Argentina)
Tierra del Fuego is an Argentine province entirely separated from mainland Argentina by the Strait of Magellan. It includes:* The eastern part of the Isla Grande of Tierra del Fuego archipelago and the Staten Island.* Argentina's claims to the Falkland Islands and to...
, along with South Georgia and the South Sandwich Islands.
Supporters of the Argentine position make the following claims:
- Sovereignty of the islands was transferred to Argentina from Spain upon independence, a principle known as uti possidetis jurisUti Possidetis JurisUti possidetis juris is a principle of international law that states that newly formed sovereign states should have the same borders that their preceding dependent area had before their independence.-History:...
. - Spain never renounced sovereignty over the islands, even when a British settlement existed.
- Great Britain abandoned its settlement in 1776, and formally renounced sovereignty in the Nootka Sound Convention. Argentina has always claimed the Falklands, and never renounced its claim.
- The British return in 1833 (classified as an invasion by Argentina) was illegal under international law, and this has been noted and protested by Argentina since June 17, 1833.
- Self-determination principles are not applicable since the current inhabitants are not aboriginal and were brought to replace the Argentine population (see below).
- The Argentine population was expelled by the British invasion of 1833.
- 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.§
- Great Britain was looking to extend its territories in Americas as shown with the British invasions of the Río de la PlataBritish invasions of the Río de la PlataThe British invasions of the Río de la Plata were a series of unsuccessful British attempts to seize control of the Spanish colonies located around the La Plata Basin in South America . The invasions took place between 1806 and 1807, as part of the Napoleonic Wars, when Spain was an ally of...
years earlier.
§ Although a signatory to the 1958 convention, Argentina never ratified the convention. The 1958 Convention was superseded by 1982 United Nations Convention on the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
, ratified by Argentina in 1995.
The Nootka Sound Conventions
In 1789, both the United Kingdom and Spain attempted settlement in the Nootka SoundNootka Sound
Nootka Sound is a complex inlet or sound of the Pacific Ocean on the rugged west coast of Vancouver Island, in the Canadian province of British Columbia. Historically also known as King George's Sound, as a strait it separates Vancouver Island and Nootka Island.-History:The inlet is part of the...
, on Vancouver Island
Vancouver Island
Vancouver Island is a large island in British Columbia, Canada. It is one of several North American locations named after George Vancouver, the British Royal Navy officer who explored the Pacific Northwest coast of North America between 1791 and 1794...
. On October 25, 1790, these two Kingdoms approved the Nootka Sound Convention
Nootka Convention
The Nootka Conventions were a series of three agreements between the Kingdom of Spain and the Kingdom of Great Britain, signed in the 1790s which averted a war between the two empires over overlapping claims to portions of the Pacific Northwest coast of North America.The claims of Spain dated back...
, also known as the Treaty of San Lorenzo del Escorial. The Conventions included provisions recognising that the coasts and islands of South America colonised by Spain at the time were Spanish, and that areas south of the southernmost settlements were off limits to both countries, provided (in a secret article) that no third party settled there either. The conventions were unilaterally repudiated by Spain in 1795 but implicitly revived by the Treaty of Madrid
Treaty of Madrid
Treaty of Madrid may refer to:*Treaty of Madrid , in which France renounced claims in Italy, surrendered Burgundy to Spain, and abandoned sovereignty over Flanders and Artois....
in 1814.
The sixth article of the convention states:
Whether or not this includes the islands is disputed.
Constitution of Argentina
The Argentine claim is included in the transitional provisions of the Constitution of ArgentinaConstitution of Argentina
The constitution of Argentina is one of the primary sources of existing law in Argentina. Its first version was written in 1853 by a Constitutional Assembly gathered in Santa Fe, and the doctrinal basis was taken in part from the United States Constitution...
as amended in 1994:
Claims by the United Kingdom
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in a sub-committee of the Special Committee on the situation with regard to the implementation of the UN Declaration of the Granting of Independence to Colonial Countries and Peoples. In reply the British Representative on the Committee declared that the British Government held that the question of sovereignty over the islands was "not negotiable". Following a report by the Special Committee, UN Resolution
United Nations resolution
A United Nations resolution is a formal text adopted by a United Nations body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly.-Legal status:...
2065 was passed on December 16, 1965, at the General Assembly. In its preamble it referred to the UN's "cherished aim to bring colonialism to an end everywhere", and later added that all settlements between nations had to be peaceful and, in this case, "in the interests of the population of the Falkland Islands".
In January 1966 the British Foreign Secretary, Michael Stewart, visited Buenos Aires when the Argentine claim to the islands was raised with him, following which, in July, a preliminary meeting was held in London, where the British delegation "formally rejected" the Argentine Ambassador's suggestion that Britain's occupation of the Islands was illegal.
On 2 December 1980 the Minister of State, Foreign and Commonwealth Office, Nicholas Ridley
Nicholas Ridley, Baron Ridley of Liddesdale
Nicholas Ridley, Baron Ridley of Liddesdale, PC was a British Conservative Party politician and government minister.-Personal life:...
, stated in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
: "We have no doubt about our sovereignty over the Falkland Islands... we have a perfectly valid title".
The current United Kingdom position remains the same and regards the right of the islanders to self-determination as "paramount".
- The British were the first to claim the islands in 1690 and have never renounced that claim.
- The islands have been continuously and peacefully occupied by the UK since 1833, with the exception of 2 months occupation by Argentina.
- Argentina's attempts to colonise the islands in 1820–33 were "sporadic and ineffectual".
- The islands had no indigenous or settled population before British settlement.
- In an Argentine-inspired poll in 1994, 87% of the island's population rejected any form of discussion of sovereignty under any circumstances
- UN General Assembly resolutions calling for negotiations "are flawed because they make no reference to the Islanders' right to choose their own future."
- The European UnionEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
Treaty of LisbonTreaty of LisbonThe Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
ratifies that the Falkland Islands belong to Britain.
Falkland Islands Constitution
The Falkland Islands Constitution, which came into force on 1 January 2009, claims a right to self-determination, stating that:International position
The international position on the sovereignty of the islands is varied, with some countries supporting the British claim and others supporting the Argentine claim. Some countries maintain neutrality on the issue.Resolutions of the United Nations and the OAS
In 1946 the UK included the Falkland Islands on the UN list of non-self-governing territoriesUnited Nations list of Non-Self-Governing Territories
The United Nations list of Non-Self-Governing Territories is a list of countries that, according to the United Nations, are non-decolonized. The list was initially prepared in 1946 pursuant to Chapter XI of the United Nations Charter, and has been updated by the General Assembly on recommendation...
under Chapter XI of the UN charter. However, the General Assembly of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
did not explicitly address the issue of the Falkland Islands until 1965, which Resolution 2065 noted "the existence of a dispute between the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland concerning sovereignty over [said] Islands", and invited those governments "to proceed without delay with the negotiations... with a view to finding a peaceful solution to the problem, bearing in mind the provisions and objectives of the Charter of the United Nations and of General Assembly UN Resolution 1514 (XV) and the interests of the population of the Falkland Islands (Malvinas)."
The UN General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
and the UN Decolonization Committee have repeated this call for the resumption of negotiations since then, and especially since the restoration of democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
in Argentina in 1983. The Falkland Islands Government has requested that the UN Decolonization Committee send a fact finding mission to the islands, to date that request has not been answered (the committee has never visited the islands). Following the visit by the chairman of the C24 to Argentina, the FIG called for a reciprocal visit to the islands.
The Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
(OAS) General Assembly has repeatedly endorsed Argentine proposals calling the United Kingdom to restart the negotiations.
Supporters of the British claim
The European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
classes the islands as a special overseas territory, subject to EU law in some areas, and eligible for some European funding initiatives. The inclusion of the islands in an appendix to the proposed European Constitution
Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
provoked a hostile Argentine response. Its mention is retained in the treaty replacing the abandoned Constitution, the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
.
France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
has been particularly supportive of the British position, and provided invaluable help to the British military on the French supplied aircraft and missiles of the Argentine military during the Falklands War. France may also be motivated by the fact that it, like the UK, retains many overseas territories that are subject to rival sovereignty claims including the Glorioso Islands
Glorioso Islands
The Glorieuses or Glorioso Islands are a group of French islands and rocks totalling , at , in the northern Mozambique channel, about northwest of Madagascar. The Glorieuses have an Exclusive Economic Zone of...
, Mayotte
Mayotte
Mayotte is an overseas department and region of France consisting of a main island, Grande-Terre , a smaller island, Petite-Terre , and several islets around these two. The archipelago is located in the northern Mozambique Channel in the Indian Ocean, namely between northwestern Madagascar and...
and Tromelin.
Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, which has close relations with the United Kingdom, has also been particularly supportive of the British position, and has voiced this in international organisations.
The people and government of Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
which is also a British overseas territory have been very supportive of the British position. A potential reason for this is that they are also claimed by another country
Disputed status of Gibraltar
Gibraltar is a British overseas territory, near the southernmost tip of the Iberian peninsula, which is the subject of a disputed irredentist claim by Spain....
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
.
The Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
recognises the islands as a British territory, though members of the Caribbean Community
Caribbean Community
The Caribbean Community is an organisation of 15 Caribbean nations and dependencies. CARICOM's main purposes are to promote economic integration and cooperation among its members, to ensure that the benefits of integration are equitably shared, and to coordinate foreign policy...
have recently stated support for the Argentine position. The Falkland Islands are not represented in the Commonwealth as they are not an independent state, but they do participate in the Commonwealth Games
Commonwealth Games
The Commonwealth Games is an international, multi-sport event involving athletes from the Commonwealth of Nations. The event was first held in 1930 and takes place every four years....
.
The Legislative Assembly of the Falkland Islands, the Government of the Falkland Islands, opposes Argentinian claims.
Supporters of the Argentine claim
PeruPeru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
is the most vocal supporter of the Argentine claim, and provided material aid during the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
. Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
officially supports the Argentine claim over the Falklands and the South Georgia and the South Sandwich Islands, and has voiced its support at international organisations. Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
has also spoken in favour of the Argentine claim. Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
supported the United Kingdom during the Falklands War, but the post-Pinochet
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet , was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973...
democratic governments have given greater support to the Argentine claim, calling on several occasions for the resume of the negotiations at the United Nations Special Committee on Decolonization
Special Committee on Decolonization
The Special Committee on Decolonization was created in 1961 by the General Assembly of the United Nations with the purpose of monitoring implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples...
Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, although part of the European Union, has given tacit support to the Argentine claim, voting in the Argentine interest in UN Security Council votes during the Falklands War, although at this time Spain was not a member of the European Union. Argentina, for its part, supports Spain's claim
Disputed status of Gibraltar
Gibraltar is a British overseas territory, near the southernmost tip of the Iberian peninsula, which is the subject of a disputed irredentist claim by Spain....
to Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
, also under British sovereignty and also inhabited by people who consider themselves British.
The Union of South American Nations, the Andean Community, and Mercosur
Mercosur
Mercosur or Mercosul is an economic and political agreement among Argentina, Brazil, Paraguay and Uruguay. Founded in 1991 by the Treaty of Asunción, which was later amended and updated by the 1994 Treaty of Ouro Preto. Its purpose is to promote free trade and the fluid movement of goods, people,...
have all supported the Argentine claim since their creation, and the Ibero-American Summit
Ibero-American Summit
The Ibero-American Summit , is a yearly meeting of the heads of government and state of the Spanish-...
has called for negotiations.
The People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
officially supports the Argentine claim.
Neutral
In 1823 the President of the United States, James MonroeJames Monroe
James Monroe was the fifth President of the United States . Monroe was the last president who was a Founding Father of the United States, and the last president from the Virginia dynasty and the Republican Generation...
, in his address to the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
put forward a statement that was to become known as the Monroe Doctrine
Monroe Doctrine
The Monroe Doctrine is a policy of the United States introduced on December 2, 1823. It stated that further efforts by European nations to colonize land or interfere with states in North or South America would be viewed as acts of aggression requiring U.S. intervention...
. In his statement he forewarned the imperial European powers against interfering in the affairs of the newly independent Latin American states or potential United States territories. The doctrine was seen by many Americans as an opportunity to build up trade relations with Latin America. However in 1833, United States Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
Edward Livingston
Edward Livingston
Edward Livingston was an American jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code. He represented both New York, and later Louisiana in Congress and he served as the U.S...
declined to invoke the Monroe Doctrine when the Untied Kingdom resumed its presence in the Falkland Islands. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
has maintained a policy of official neutrality on the islands' sovereignty, since the 1940s. Despite this, the US provided material aid and intelligence to the British during the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
. The CIA World Factbook
The World Factbook
The World Factbook is a reference resource produced by the Central Intelligence Agency of the United States with almanac-style information about the countries of the world. The official paper copy version is available from the National Technical Information Service and the Government Printing Office...
lists the islands as Falkland Islands (Islas Malvinas); and Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
maps state that the islands are administered by the United Kingdom and claimed by Argentina.
During the 1982 war, the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
and the Warsaw Pact
Warsaw Pact
The Warsaw Treaty Organization of Friendship, Cooperation, and Mutual Assistance , or more commonly referred to as the Warsaw Pact, was a mutual defense treaty subscribed to by eight communist states in Eastern Europe...
countries maintained an official neutrality, despite Argentine diplomatic attempts to acquire support at the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
. Although the UK suspected possible Soviet interference by providing Argentina with satellite intelligence or arms, Argentina claimed after the war that no support was received. Subsequent revelations indicate that, despite the denials, Argentina did receive Soviet satellite intelligence.
Maintaining a neutral view, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
's position for decades has been to ask both parties to begin negotiations regarding this dispute.
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