The Falkland Islands Dispute In International Law And Politics

The complex question of the sovereignty of the Falkland Islands remains far from resolved, even after the military and political events that took place from April to June 1982. The first scholarly work of its kind, this broad and dispassionate study of the causes of the South Atlantic war between Britain and Argentina addresses the larger issues raised by the Falkland crisis and untangles a web of events and attitudes that stretch back over the past century. The book begins with a close evaluation of the two pivotal arguments: Argentina's stance that international law supports their historical right to the islands, and Britain's position that the length of their occupation of the Falklands, together with the principles of self-determination, legalized their de facto control. Gustafson then discusses how potential off-shore oil reserves, diplomacy, domestic politics, and the use of force entered into the sovereignty dispute; analyzes the effects of war on international relations; and considers possible future approaches to handling the dispute.

The dispute over the South Atlantic islands that Britain calls the Falklands and Argentina claims as the Islas Malvinas has its own unique features, but the legal and political problems at its center, the tension between sovereignty based on prior title, the principle of territorial integrity, and the right of "a people" to self-determination are core issues in many of the other difficult conflicts that beset our rapidly changing world. This book presents a comprehensive analysis of the Falklands/Malvinas dispute and offers concrete suggestions for a new approach to its resolution. The author reviews the long and complex legal history of the islands, from the papal bulls of the fifteenth century and the diplomatic maneuverings of the European colonial powers to the break-up of empires and the evolution of the concept of self-determination. He also describes more recent developments in detail: the role of the United Nations, the failed negotiations that preceded military conflict in 1982, and the profound changes that have occurred in the islands since then. The Falklands War did not resolve the dispute between Britain and Argentina; after a period of stalemate, new initiatives are emerging, new proposals are being offered. The author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of all concerned. This book makes an important contribution not only to the ongoing debate on the fate of the Falklands/Malvinas but also to the field of international law and conflictresolution.

Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

The dispute over the South Atlantic islands that Britain calls the Falklands and Argentina claims as the Islas Malvinas has its own unique features, but the legal and political problems at its center,the tension between sovereignty based on prior title, the principle of territorial integrity, and the right of "a people" to self-determination are core issues in many of the other difficult conflicts that beset our rapidly changing world. This book presents a comprehensive analysis of the Falklands/Malvinas dispute and offers concrete suggestions for a new approach to its resolution. The author reviews the long and complex legal history of the islands, from the papal bulls of the fifteenth century and the diplomatic maneuverings of the European colonial powers to the break-up of empires and the evolution of the concept of self-determination. He also describes more recent developments in detail: the role of the United Nations, the failed negotiations that preceded military conflict in 1982, and the profound changes that have occurred in the islands since then. The Falklands War did not resolve the dispute between Britain and Argentina; after a period of stalemate, new initiatives are emerging, new proposals are being offered. The author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of all concerned. This book makes an important contribution not only to the ongoing debate on the fate of the Falklands/Malvinas but also to the field of international law and conflict resolution.

Although the Falklands War of 1982 had a decisive outcome in respect to the restoration of British control, it failed to resolve the basic cause of the war: the Anglo-Argentine dispute over sovereignty. Relations between the two countries remain unstable, whilst a series of events throughout the past three decades have emphasised the sensitive and important nature of the international problem. First published in 1988, this book stresses the dispute’s significance as both a domestic and an international problem, with important consequences for other governments and such international organisations as the United Nations, as well as the two key players. The book shows an equal concern for the obvious and immediate problem of sovereignty, and for the long term future of the South Atlantic and Antarctic region. Discussing issues that remain of major political relevance, this reissue will be of particular value to students of politics, international relations and diplomatic history with an interest in the key developments within and background to the Anglo-Argentine dispute.

The complex question of the sovereignty of the Falkland Islands remains far from resolved, even after the military and political events that took place from April to June 1982. The first scholarly work of its kind, this broad and dispassionate study of the causes of the South Atlantic war between Britain and Argentina addresses the larger issues raised by the Falkland crisis and untangles a web of events and attitudes that stretch back over the past century. The book begins with a close evaluation of the two pivotal arguments: Argentina's stance that international law supports their historical right to the islands, and Britain's position that the length of their occupation of the Falklands, together with the principles of self-determination, legalized their de facto control. Gustafson then discusses how potential off-shore oil reserves, diplomacy, domestic politics, and the use of force entered into the sovereignty dispute; analyzes the effects of war on international relations; and considers possible future approaches to handling the dispute.

First published in 1985, The Falklands War was the first comprehensive work of its kind. The book brings together a wealth of work by scholars and practitioners in the fields of diplomacy, military affairs, and international politics and law. It provides a comprehensive and objective overview of the Falklands War and the underlying crisis that continued following it. This volume is a detailed study suitable for anyone wishing to expand their knowledge of the Falklands War.