Falkland Islands sovereignty dispute

Spain made claims that the Falkland Islands were held under provisions in the 1713 Treaty of Utrecht, which defined the limits of the Spanish Empire in the Americas.

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.

[17]In October 1820, the frigate Heroína, under the command of American privateer Colonel David Jewett, arrived in Puerto Soledad after an eight-month voyage and with most of her crew incapacitated by scurvy and other disease.

Weddell reported that only thirty seamen and forty soldiers out of a complement of 200 were fit for duty and that Jewett slept with pistols over his head following an attempted mutiny.

On 6 November 1820, Jewett raised the flag of the United Provinces of the Río de la Plata (the nation that would become Argentina) and claimed possession of the islands for the new state.

Weddell reported that the letter he received from Jewett read:[19] "Sir, I have the honour to inform you of the circumstance of my arrival at this port, commissioned by the supreme government of the United Provinces of South America to take possession of these islands in the name of the country to which they naturally appertain.

[22] The Government of the United Provinces of the Río de la Plata attempted to control the islands through commerce, granting land on East Falkland to Jorge Pacheco in 1823, and fishing and hunting rights the following year.

As none were available, the Buenos Aires government, headed by General Juan Galo de Lavalle, appointed him Military and Civil Commander, essentially the governor of the islands.

[27] Darwin's visit in 1833 confirmed the squalid conditions in the settlement, although Captain Matthew Brisbane, Vernet's deputy, later insisted that these were the result of the attack by the Lexington.

[20][34][40] Argentines have claimed that the population of Puerto Luis was expelled after the British return,[41][42][43] but historical records shows that only four members of the settlement chose to leave.

In Britain, the Reform Act 1832 had extended the vote to more British citizens, including members of the free-trade merchant class who saw economic opportunity in opening up markets in South America.

In 1841, General Rosas offered to relinquish any Argentine territorial claims in return for relief of debts owed to Barings Bank in the City of London.

It has been argued by several authors on both sides of the dispute that Argentina tacitly gave up her claim by failing to mention it and ceasing to protest over the Falklands.

Argentina saw this as an opportunity to push its case for gaining sovereignty over the Falkland Islands,[citation needed] and raised the issue in the United Nations, first stating its claim after joining the UN in 1945.

Following this claim, the United Kingdom offered to take the dispute over the Falkland Islands Dependencies to mediation at the International Court of Justice in The Hague (1947,[51] 1948[52] and 1955[52]).

Shackleton's report found that contrary to popular belief, the Falkland Islands actually produced a surplus by its economic activities and was not dependent on British aid to survive.

The landing was reported in the UK only in 1978, although the British government issued a rejection of the notion of sending a force of Royal Marines to dismantle the Argentine base Corbeta Uruguay.

There was a more serious confrontation in 1977 when the Argentine Navy cut off the fuel supply to Port Stanley Airport and said they would no longer fly the Red Ensign in Falklands waters.

The United Nations Security Council issued Resolution 502 calling on Argentina to withdraw forces from the Falklands and on both parties to seek a diplomatic solution.

The European Community condemned the invasion and imposed economic sanctions on Argentina, although several EC states expressed reservations about British policy in this area.

The British Task Force began offensive action against Argentina on 23 April 1982 and recaptured South Georgia after a short naval engagement.

[68] 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.

[73] 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 world tour prior to the 2009 G-20 London Summit.

[84] In June 2022 the Special Committee on Decolonization of the United Nations adopted a resolution requesting the Governments of Argentina and the United Kingdom to consolidate the current process of dialogue through the resumption of negotiations to find a peaceful solution to the sovereignty dispute relating to the question of the Falkland Islands (Malvinas)[85] The Argentine government argues that it has maintained a claim over the Falkland Islands since 1833.

The British argue that the agreement did not affect the respective claims and only stipulated that neither party would make further establishments on the coasts or "adjacent" islands already held by Spain.

The recovery of these territories and the full exercise of sovereignty, respecting the way of life for its inhabitants and according to the principles of international law, constitute a permanent and unwavering goal of the Argentine people.In addition, Argentina demonstrates its claim to the islands by stating they are part of its Tierra del Fuego Province.

In 1964 the Argentine government raised the matter at the United Nations 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 its preamble it referred to the UN's "cherished aim to bring colonialism to an end everywhere", and invited both nations to proceed with negotiations to find a peaceful solution bearing in mind "the interests of the population of the Falkland Islands (Malvinas)".

[107] Supporters of the British position argue: The Constitution of the Falkland Islands, which came into force on 1 January 2009, claims the right to self-determination, specifically mentioning political, economic, cultural, and other matters.

In 1988, the General Assembly reiterated a 1965 request that both countries negotiate a peaceful settlement to the dispute and respect the interests of the Falkland Islanders and the principles of UN GA resolution 1514.