Research Paper On Malvinas

For the past one hundred and eighty-five years, the Malvinas Islands have been in the possession of the United Kingdom. This fact has been continuously disputed by the Argentinian government, which believes that the islands have always been considered as a part of their territory. In 1982, the military junta in control of Argentina sought to reclaim the islands from the British through the use of military force. War was declared and Argentinian forces swiftly took control of the island. However, the military forces of the United Kingdom retaliated and in two short months retook the island, resulting in over 600 Argentinian casualties. While a treaty of peace was reached between the two states, it did not resolve the question of ownership over …show more content…
This paper will work to prepare the Argentinian government for the likely counter-arguments from the United Kingdom over their claim, and inform the Argentinian government of the legal options it has to counter these arguments. Each argument of the United Kingdom will be addressed and countered as they are presented. These arguments are: that the people of the Malvinas Islands have the right to self-determination to decide which state they desire to be a part of; that the international law principle of uti possidetis juris is not universally accepted; that the 1850 Convention of Settlement between the UK and Argentina settled the issue as Argentina relinquished their claim in the agreement and did not reestablish their claim for 90 years; and that the United Kingdom has demonstrated effective administrative control over the Malvinas for almost two centuries (since …show more content…
According to the UK government, Argentina’s claim that upon its independence in 1811 it inherited the possessory title of the Malvinas Islands from Spain is flawed. While they declare that Spain’s title to the Malvinas was disputed in 1811 in the first place, it is of particular focus that they choose to deny a perfectly acceptable principle of international law, such as uti possedetis juris. According to Kosovar statesman Enver Hasani, uti possedtis juris became a norm of international relations during the medieval period, first in Latin America and then in Africa and Asia. By Hasani’s deduction, it can be assumed that in 1811, at the time of Argentinian independence, the concept of uti possedetis juris was fully accepted in determining the borders of a state achieving independence whether or not it is initially