Treaty of Peace and Friendship of 1984 between Chile and Argentina
Encyclopedia
The Treaty of Peace and Friendship of 1984 between Chile and Argentina (Spanish: Tratado de Paz y Amistad de 1984 entre Chile y Argentina, see the text in the United Nations) was signed into agreement at the Vatican
on 29 November 1984.
It was ratified
On 12 April 1985 it was signed by Augusto Pinochet
and on 2 May 1985 the Foreign Ministers of both countries exchanged original documents.Due to the timing, the treaty is variously known as the 1984 Treaty or the 1985 Treaty.
The treaty contains a preamble
, a maritime border definition, a comprehensive body of legislation on solving disputes, ship navigation rights and an exact definition of the border through the Straits of Magellan.
Chile and Argentina, though never at war with each other, have named some of their border treaties as "peace treaties".
and was the result of long standing negotiations between Chile, Argentina and the Vatican as mediator
. The outcome of the Falklands war
made the treaty possible.
The treaty recognizes the Boundary treaty of 1881 between Chile and Argentina and its «…supplementary and declaratory instruments…» as the unshakeable foundation of relations between Chile and Argentina and defines the border «…from the end of the existing boundary in the Beagle Channel, i.e., the point fixed by the coordinates 55°07.3' South latitude and 66°25.0' West longitude…». That is, Argentina recognizes the borderline determined by the Beagle Channel Arbitration
in 1977 (Report and Decision of the Court of Arbitration), which it had earlier rejected. Hence, there is no mention of Picton, Nueva, Lennox and other islands. The Treaty calls its content a "Transaction".
Excepting articles 1 to 6, which define a comprehensive body of legislation regarding dispute resolution, the other provisions shall not affect in any way, nor may they be interpreted in any way, that can affect, directly or indirectly, the sovereignty, rights, juridical positions of the Parties, or the boundaries in Antarctica or in its adjacent maritime areas, including the seabed and subsoil.
The international maritime border is the line ABCDEF. Westward are Chilean waters, eastward are Argentine waters.
Both countries mutually recognized its baselines. (The Chilean Baseline can be seen here). From the Cape Horn
Meridian (67°16',0 West) to the east end of the Isla de los Estados
both countries reduced their internal waters
to 3 nmi (5.6 km) only in their mutual relations.
The line ABCDEF gives most of the exclusive economic zone
of the islands (eastwards of Cape Horn) previously in dispute to Argentina. On the map, the gray line is approximately equidistant between the shores of Chile and Argentina. Such an equidistant line is normally how maritime borders are drawn between two countries, though this approach is not compulsory.
, Canal Cockburn, Paso Brecknock or Canal Occasion, Canal Ballenero, Canal O'Brien, Paso Timbales, northwest arm of the Beagle Channel and the Beagle Channel as far as the meridian 68°36'38.5" West longitude and vice versa. The passage shall be navigated with a Chilean pilot and the Chilean Authority shall be informed at least 48 hours in advance of the date on which the vessel will begin passage.
For maritime traffic between Argentine ports in the Beagle Channel and the Argentine Exclusive Economic Zone (or Antarctic), and vice versa, Argentine vessels shall enjoy navigation facilities for the passage through Chilean internal waters exclusively via the following route: Paso Picton and Paso Richmond, then following from a point fixed by the coordinates 55'21.0' South latitude and 66*41.0" West longitude, the general direction of the arc between true 090' and 180', emerging in the Chilean territorial sea; or crossing the Chilean territorial sea in the general direction of the arc between true 270' and 000', and continuing through Paso Richmond and Paso Picton. The passage may be effected without a Chilean pilot and without notice.
For maritime traffic to and from the north through the Le Maire Strait
, Chilean vessels shall enjoy navigation facilities for the passage of that strait, without an Argentine pilot and without notice.
and free for navigation for vessels of all countries.
New in respect thereof is that the Argentine Republic undertakes to maintain, at any time and in whatever circumstances, the right of ships of all flags to navigate expeditiously and without obstacles through its jurisdictional waters to and from the Straits of Magellan.
The Parties give mutual recognition to the baselines which they have traced in their respective territories. That is, regarding the Straits of Magellan, Argentina recognizes that the Straits of Magellan have no delta
at the western end and that the Channels Abra, Magdalena, Cockburn and others are Chilean internal waters as defined by the Chilean baselines and that they are not free for navigation.
The parties agree that at the eastern end of the Straits of Magellan, defined by Punta Dúngeness
in the north and Cabo del Espiritu Santo in the south, the boundary between their respective sovereignties shall be the straight line joining the "Dungeness Marker (Former Beacon)", located at the very tip of the said geographical feature, and "Marker I on Cabo del Espiritu Santo" in Tierra del Fuego. The sovereignty of Chile and Argentina over the sea, seabed and subsoil shall extend, respectively, to the west and east of this boundary. This commitment ends any Chilean projection over the Atlantic and any Argentine pretension to coregulate traffic in the Straits of Magellan.
The parties reiterate solemnly their commitment to preserve, strengthen and develop their unchanging ties of perpetual friendship and to refrain from resorting directly or indirectly to any form of threat or use of force and from adopting any other measures which may disturb the peace in any sector of their mutual relations.
They create a Conciliation Commission and, if fails, eventually a Arbitral Tribunal. The decision of the tribunal shall be binding on the Parties, final and unappealable. Its implementation shall be entrusted to the honour of the nations signing the Treaty of Peace and Friendship.
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
on 29 November 1984.
It was ratified
- on 30 December 1984 by the Argentine Chamber of DeputiesArgentine Chamber of DeputiesThe Chamber of Deputies is the lower house of the Argentine National Congress. This Chamber holds exclusive rights to create taxes, to draft troops, and to accuse the President, the ministers and the members of the Supreme Court before the Senate....
- on 15 March 1985 by the Argentine National CongressArgentine National CongressThe Congress of the Argentine Nation is the legislative branch of the government of Argentina. Its composition is bicameral, constituted by a 72-seat Senate and a 257-seat Chamber of Deputies....
- on 16 March 1985 by the InterimInterimInterim is an album by British rock band The Fall, compiled from live and studio material and released in 2004. It features the first officially released versions of "Clasp Hands", "Blindness" and "What About Us?" — all of which were later included on the band's next studio album Fall Heads Roll —...
representant of the President of ArgentinaPresident of ArgentinaThe 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...
, who was abroad - on 11 April 1985 by the Chilean Military Government JuntaGovernment Junta of Chile (1973)Government Junta of Chile was the military junta established to rule Chile during the military dictatorship that followed the overthrow of President Salvador Allende in the 1973 Chilean coup d'état. It was the executive and legislative branch of government until December 17, 1974...
as LegislatureLegislatureA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
On 12 April 1985 it was signed by Augusto 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...
and on 2 May 1985 the Foreign Ministers of both countries exchanged original documents.Due to the timing, the treaty is variously known as the 1984 Treaty or the 1985 Treaty.
The treaty contains a preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
, a maritime border definition, a comprehensive body of legislation on solving disputes, ship navigation rights and an exact definition of the border through the Straits of Magellan.
Chile and Argentina, though never at war with each other, have named some of their border treaties as "peace treaties".
Genesis of the treaty
The treaty ended the Beagle conflictBeagle conflict
The Beagle Conflict was a border dispute between Chile and Argentina over the possession of Picton, Lennox and Nueva islands and the scope of the maritime jurisdiction associated with those islands that brought the countries to the brink of war in 1978....
and was the result of long standing negotiations between Chile, Argentina and the Vatican as mediator
Papal mediation in the Beagle conflict
The Papal mediation in the Beagle conflict followed the failure of negotiations between Chile and Argentina, when, on 22 December 1978, the Argentinian Junta started Operation Soberanía, to invade Cape Horn and islands awarded to Chile by the Beagle Channel Arbitration...
. The outcome of 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...
made the treaty possible.
The Preamble
Beagle Channel Arbitration
On 22 July 1971 Salvador Allende and Alejandro Lanusse, the Presidents of Chile and Argentina, signed an arbitration agreement . This agreement related to their dispute over the territorial and maritime boundaries between them, and in particular the title to the Picton, Nueva and Lennox islands...
in 1977 (Report and Decision of the Court of Arbitration), which it had earlier rejected. Hence, there is no mention of Picton, Nueva, Lennox and other islands. The Treaty calls its content a "Transaction".
Excepting articles 1 to 6, which define a comprehensive body of legislation regarding dispute resolution, the other provisions shall not affect in any way, nor may they be interpreted in any way, that can affect, directly or indirectly, the sovereignty, rights, juridical positions of the Parties, or the boundaries in Antarctica or in its adjacent maritime areas, including the seabed and subsoil.
The maritime border
| Point | Latitude | Longitude |
|---|---|---|
| A | 55°07',3 | 66°25',0 |
| B | 55°11',0 | 66°04',7 |
| C | 55°22',9 | 65°43',6 |
| D | 56°22',8 | 65°43',6 |
| E | 56°22',8 | 67°16',0 |
| F | 58°21',1 | 67°16',0 |
The international maritime border is the line ABCDEF. Westward are Chilean waters, eastward are Argentine waters.
Both countries mutually recognized its baselines. (The Chilean Baseline can be seen here). From the 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...
Meridian (67°16',0 West) to the east end of the Isla de los Estados
Isla de los Estados
Isla de los Estados is an Argentine island that lies off the eastern extremity of the Argentine portion of Tierra del Fuego, from which it is separated by the Le Maire Strait...
both countries reduced their internal waters
Internal waters
A nation's internal waters covers all water and waterways on the landward side of the baseline from which a nation's territorial waters is defined. It includes waterways such as rivers and canals, and sometimes the water within small bays. According to the United Nations Convention on the Law of...
to 3 nmi (5.6 km) only in their mutual relations.
The line ABCDEF gives most of the exclusive economic zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
of the islands (eastwards of Cape Horn) previously in dispute to Argentina. On the map, the gray line is approximately equidistant between the shores of Chile and Argentina. Such an equidistant line is normally how maritime borders are drawn between two countries, though this approach is not compulsory.
Navigation rights
Vessels of all nations in traffic between the Straits of Magellan and Argentine ports in the Beagle Channel, and vice versa, enjoy navigation facilities exclusively along the following route through Chilean internal waters: Magdalena ChannelMagdalena Channel
Magdalena Channel is a Chilean channel joining the Strait of Magellan with Cockburn Channel and is part of a major navigation route which ultimately connects with the Beagle Channel. It separates Capitán Aracena Island from the westernmost portion of Isla Grande de Tierra del Fuego, and crosses...
, Canal Cockburn, Paso Brecknock or Canal Occasion, Canal Ballenero, Canal O'Brien, Paso Timbales, northwest arm of the Beagle Channel and the Beagle Channel as far as the meridian 68°36'38.5" West longitude and vice versa. The passage shall be navigated with a Chilean pilot and the Chilean Authority shall be informed at least 48 hours in advance of the date on which the vessel will begin passage.
For maritime traffic between Argentine ports in the Beagle Channel and the Argentine Exclusive Economic Zone (or Antarctic), and vice versa, Argentine vessels shall enjoy navigation facilities for the passage through Chilean internal waters exclusively via the following route: Paso Picton and Paso Richmond, then following from a point fixed by the coordinates 55'21.0' South latitude and 66*41.0" West longitude, the general direction of the arc between true 090' and 180', emerging in the Chilean territorial sea; or crossing the Chilean territorial sea in the general direction of the arc between true 270' and 000', and continuing through Paso Richmond and Paso Picton. The passage may be effected without a Chilean pilot and without notice.
For maritime traffic to and from the north through the Le Maire Strait
Le Maire Strait
The Le Maire Strait is a sea passage between Isla de los Estados and the eastern extremity of the Argentine portion of Tierra del Fuego....
, Chilean vessels shall enjoy navigation facilities for the passage of that strait, without an Argentine pilot and without notice.
The Straits of Magellan
The Straits of Magellan belong, since the Treaty of 1881, to Chile, The Straits are a demilitarized zoneDemilitarized zone
In military terms, a demilitarized zone is an area, usually the frontier or boundary between two or more military powers , where military activity is not permitted, usually by peace treaty, armistice, or other bilateral or multilateral agreement...
and free for navigation for vessels of all countries.
New in respect thereof is that the Argentine Republic undertakes to maintain, at any time and in whatever circumstances, the right of ships of all flags to navigate expeditiously and without obstacles through its jurisdictional waters to and from the Straits of Magellan.
The Parties give mutual recognition to the baselines which they have traced in their respective territories. That is, regarding the Straits of Magellan, Argentina recognizes that the Straits of Magellan have no delta
River delta
A delta is a landform that is formed at the mouth of a river where that river flows into an ocean, sea, estuary, lake, reservoir, flat arid area, or another river. Deltas are formed from the deposition of the sediment carried by the river as the flow leaves the mouth of the river...
at the western end and that the Channels Abra, Magdalena, Cockburn and others are Chilean internal waters as defined by the Chilean baselines and that they are not free for navigation.
The parties agree that at the eastern end of the Straits of Magellan, defined by Punta Dúngeness
Punta Dúngeness
Punta Dúngeness is a headland at the eastern entrance of the Strait of Magellan on its north shore, opposite Cabo del Espiritu Santo in Tierra del Fuego. West of the Punta Dungeness lies the Bahia Possession...
in the north and Cabo del Espiritu Santo in the south, the boundary between their respective sovereignties shall be the straight line joining the "Dungeness Marker (Former Beacon)", located at the very tip of the said geographical feature, and "Marker I on Cabo del Espiritu Santo" in Tierra del Fuego. The sovereignty of Chile and Argentina over the sea, seabed and subsoil shall extend, respectively, to the west and east of this boundary. This commitment ends any Chilean projection over the Atlantic and any Argentine pretension to coregulate traffic in the Straits of Magellan.
Dispute resolution
They create a Conciliation Commission and, if fails, eventually a Arbitral Tribunal. The decision of the tribunal shall be binding on the Parties, final and unappealable. Its implementation shall be entrusted to the honour of the nations signing the Treaty of Peace and Friendship.
See also
- Boundary treaty of 1881 between Chile and Argentina
- Argentina-Chile relationsArgentina-Chile relationsArgentina–Chile relations refers to interstate relations between the Republic of Chile and the Argentine Republic. Argentina and Chile share the world's third-longest international border, which is long and runs from north to the south along the Andes mountains...
- Foreign relations of ArgentinaForeign relations of ArgentinaThis article deals with the diplomatic affairs, foreign policy and international relations of Argentina.At the political level, these matters are officially handled by the Ministry of Foreign Relations, also known as the Cancillería, which answers to the President...
- Foreign relations of ChileForeign relations of ChileSince its return to democracy in 1990, Chile has been an active participant in the international political arena. Chile assumed a two-year non-permanent position on the UN Security Council in January 2003 and is an active member of the UN family of agencies, serving as a member of the Commission on...
Literature
- Beagle Channel Arbitration between the Republic of Argentina and the Republic of Chile, Report and Decision of the Court of Arbitration
- Mark Laudy: The Vatican Mediation of the Beagle Channel Dispute: Crisis Intervention and Forum Building in Words Over War of Carnegie Commission on Preventing Deadly Conflict.
- Alejandro Luis Corbacho: Predicting the Probability of War During Brinkmanship Crises: The Beagle and the Malvinas Conflicts, Universidad del CEMA, Argentina, Documento de Trabajo No. 244, September 2003, Spanish Language
- Karin Oellers-Frahm: Der Schiedsspruch in der Beagle-Kanal-Streitigkeit, Berichte und Urkunden: Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, German Language
- Ministerio de Relaciones Exteriores de Chile: Relaciones Chileno-Argentinas, La controversia del Beagle. Genf 1979, English and Spanish Language
- Andrea Wagner: Der argentinisch-chilenische Konflikt um den Beagle-Kanal. Ein Beitrag zu den Methoden friedlicher Streiterledigung. Verlag Peter Lang, Frankfurt a.M. 1992, ISBN 3-631-43590-8, German Language
- Karl Hernekamp: Der argentinisch-chilenisch Grenzstreit am Beagle-Kanal. Institut für Iberoamerika-Kunde, Hamburg 1980, German Language
- Andrés Cisneros y Carlos EscudéCarlos EscudéCarlos Andrés Escudé Carvajal is an Argentine political scientist and author, who during the 1990s served as special advisor to one of Argentina's most distinguished Foreign Ministers - Guido di Tella...
, "Historia general de las Relaciones Exteriores de la República Argentina", Las relaciones con Chile, Cema, Argentina, Buenos Aires. Spanish Language - Annegret I. Haffa: Beagle-Konflikt und Falkland (Malwinen)-Krieg. Zur Außenpolitik der Argentinischen Militarregierung 1976-1983. Weltforum Verlag, München/Köln/London 1987, ISBN 3-8039-0348-3, German Language
- Isaac F. Rojas und Arturo Medrano: Argentina en el Atlántico Chile en el Pacífico. Editorial Nemont, Buenos Aires, Argentina, 1979, in spanischer Sprache.
- Isaac F. Rojas, La Argentina en el Beagle y Atlántico sur 1. Parte. Editorial Diagraf, Buenos Aires, Argentina, Spanish Language
- Carlos Escudé und Andrés Cisneros: Historia general de las relaciones exteriores de la República Argentina (here), in spanischer Sprache.
- Fabio Vio Valdivieso: La mediación de su S.S. el Papa Juan Pablo II, Editorial Aconcagua, Santiago de Chile, 1984, Spanish Language
- Alberto Marín Madrid: El arbitraje del Beagle y la actitud Argentina. 1984, Editorial Moisés Garrido Urrea, id = A-1374-84 XIII, Spanisch Language
- Luis Alberto Romero, Argentina in the twentieth Century. Pennsylvania State University Press, translated by James P. Brennan, 1994, ISBN 0-271-02191-8
- Divisionsgeneral (a.D.) Juan E. Gugliamelli: Cuestión del Beagle. Negociación directa o diálogo de armas (Trans.:The Beagle-Question, direct Negotiations or Dialog of the Weapons), in Spanish Language. (Book compiled from articles of Argentine Magazin "Estrategia", Buenos Aires Nr:49/50, enero-febrero 1978, erschienen sind.
- General Martín Antonio BalzaMartín BalzaLieutenant General Martín Antonio Balza is an Argentine military former Chief of Staff of the Argentine Army. He is currently Argentine ambassador to the Republic of Colombia....
und Mariano GrondonaMariano GrondonaMariano Grondona is an Argentine lawyer, sociologist, political scientist, essayist and commentator. He has been a journalist for several decades, appearing in print media and on television, and has written several books...
: Dejo Constancia: memorias de un general argentino. Editorial Planeta, Buenos Aires 2001, ISBN 9504908136, Spanish Language - Francisco Bulnes Serrano und Patricia Arancibia Clavel: La Escuadra En Acción. Chile, Editorial Grijalbo, 2004, ISBN 9562582116, Spanish Language
External links
- Chilean Telecast of Televisión Nacional de Chile "Informe Especial", Theme El año que vivimos en peligro, (sometimes in YouTube), Spanish Language
- Argentine Telecast of History Channel: Operativo Soberanía YouTube, Spanish Language
- Special edition of El Mercurio, Santiago de Chile, 2 September 2005, Spanish Language. There are Interviews with contemporary witness like Ernesto Videla, Jaime Del Valle, Helmut Brunner, Marcelo Delpech und Luciano Benjamín Menéndez. Spanish Language.
- Interview with the (later, in the nineties) Chief Commander of the Argentine Army Martín BalzaMartín BalzaLieutenant General Martín Antonio Balza is an Argentine military former Chief of Staff of the Argentine Army. He is currently Argentine ambassador to the Republic of Colombia....
in El Mercurio de Santiago de Chile, 2 September 2005, Spanish Language - Interview with Sergio Onofre JarpaSergio Onofre JarpaSergio Onofre Jarpa Reyes is a Chilean politician who served as a member of the cabinet during the government of Augusto Pinochet.-Biography:Coming from a rural background, he studied agriculture at the University of Chile...
, Chile's AmbassadorAmbassadorAn ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
in Argentina 1978 to 1982 in La Tercera, Santiago, Chile, 17 March 2002, Spanish Language - Interview with Argentine General Luciano Benjamín Menéndez, Commandant of the III Army Corps in El Mercurio de Santiago de Chile, (from the Argentine Magazine "Somos"), Spanish Language
- Interview with Pio Laghi, Nuntius in Argentina, 1978, in Clarín, Buenos Aires, 20 December 1998. Spanish Language
- Interview with the Ambassador of the United States of America in Argentina, Raúl Héctor CastroRaúl Héctor CastroRaul Hector Castro is a Mexican-born American politician. He has served in both elected and non-elected public offices, including United States Ambassador and the 14th Governor of Arizona. He was the first Mexican American to be elected governor of Arizona...
, in Clarín Buenos Aires, 20 December 1998, Spanish Language - Interview with the former Chief of the "Secretaría General del Ejército" (a Think-Tank of the Argentine Army), General Reynaldo BignoneReynaldo BignoneReynaldo Benito Antonio Bignone is an Argentine general who served as dictatorial President of Argentina from July 1, 1982 to December 10, 1983. In 2010, he was sentenced to 25 years in prison for his role in the kidnappings, torture, and murders of the Dirty War.-Early career:Reynaldo Benito...
, President of Argentina after the Falkland War, in Clarín, Buenos Aires, 20 December 1998, Spanish Language - Article Cartas desde el Abismo, Clarín, Buenos Aires, 20 December 1998, Spanish Language
- Article El belicismo de los dictadores Clarín, Buenos Aires, 20 December 1998, Spanish Language
- Article Beagle: historia secreta de la guerra que no fue La Nación, Buenos Aires, 12 August 1996, Spanish Language
- Article Historia de la santa mediación en Clarín, Buenos Aires, 20 December 1998, Spanish Language
- Chile-Argentina Relations, Spanish Language
- Toma de decisiones políticas y la influencia de los discursos oficialistas durante el Connflicto del Beagle: Chile - Argentina 1977-1979, Spanish Language
- Text of the Tratado de Paz y Amistad de 1984, Dirección de Fronteras y Límites de Chile, Spanish Language
- Text of the Peace and Friendship Treaty of 1984, Copy to the United NationsUnited NationsThe 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...
, English Language