The Falklands Malvinas Case

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author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of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.

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.

This book explores the Falklands War from an Argentinian perspective, taking into consideration three aspects. First, it introduces classified documents after the end of the thirty-year ban. Second, it highlights various conceptual, institutional, and doctrinal reforms in the Argentinian and other South American armed forces as a result of lessons learned from the Malvinas War. Third, it reflects on the war's long-term implications on Argentina’s foreign policy and society. The book offers the first comprehensive, multi-level analysis, and Argentinian scholarship on the conflict. It is based on original primary data, mainly official documentation and interviews with military officers and combatants.

To the British, they are the Falkland Islands; to the Argentines, the Malvinas. The dispute between the two countries over these remote islands has smoldered since 1833, when the British expelled the few Argentine settlers and established their own colony. A century-and-a-half later, in April 1982, Argentina seized the islands by force and war ensued. By June, the islands were again under British control, but not until 1990 did Argentina and Britain formally declare an end to hostilities and resume full diplomatic and trade relations. And even now, the conflict remains unresolved and festering.

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.

On April 2, 1982, Argentine forces overran the Malvinas Islands, which the British call the Falklands, triggering a confrontation over possession of the South Atlantic territory. Part A of this case study presents a historical account of this dispute, from the late 17th century through the invasion. Part B recounts Secretary of State Alexander Haig’s arduous mediation efforts, as he shuttled between London, Buenos Aires, and Washington. This case raises issues involving problems of negotiating “under the gun” and the dilemmas faced by negotiators and mediators in crisis situations. The two parts can be used with other case studies involving regional disputes in order to understand how governments assess each other.

This is a collection of important new work on the Falklands Conflict by the leading authorities in the field, British and Argentine. The themes of the volume are defence and diplomacy, and the problematic relationship between them. The authors investigate aspects of the conflict from the relevance of Falklands/Malvinas past, through the diplomatic and military crisis of 1982, to shifts in public opinion in both countries. Contributors include Peter Beck, Peter Calvert, Lawrence Freedman, Virginia Gamba-Stonehouse, Guillermo Makin and Paul Rogers.