I could just imagine the Argentinean President responding to our Prime Minister:
“You know that the Malvinas were handed over to us by the original settlers; there is clearly no question about the true sovereignty of these islands so bring it on Mr. Cameron! We are much better prepared than before and have the whole of Latin America behind us “as we say “Que la corrida de toros comienzan” – “tenemos los mejores toreros” (let the bullfight begin – we have the best Matadors).
It is clear to me having studied the history, marine navigation and International Maritime Law that these islands do belong to Argentina.
Latin America was colonised by the Spanish. The only British involvement was that of “Piracy”- we have always been good at stealing from others. It’s hard to be critical when reflecting on the days we established the “Great British Empire” raped and pillaged so many countries all under the good name of “Queen Victoria.
I know that Spain committed some terrible atrocities in Latin America but what country didn’t in those early days! One cannot forgive what we the “Brits” did to India the scars of which remain there to this day.
French government conceived the project of colonising the “Malouines” (Falkland Islands). These islands were at that time almost unknown until a French Explorer, Louis Antoine de Bougainville, undertook the task at his own expense. He set out with the French frigate “Eagle” and the sloop “Sphinx.”
But the settlement he established in 1763 at what is now Port St. Louis, excited the jealousy of Britain and the Spanish government. The small French colony however was not to last as the Spanish feared it would become a rear base to attack her Peruvian gold, Bougainville was ordered by the French government to dismantle his colony, and sell the islands to the Spanish (the King of Spain paid him 603,000 pounds for the islands).
On 31 January 1767 Bougainville met with Don Felipe Ruiz Puente, the future governor of the Malvinas Islands (Falklands), in Rio de la Plata to take possession of the islands. The two arrived at Port St. Louis on the 1st April 1767 and commenced evacuating the tiny French colony. Maps of the islands clearly show the French Port St. Louis which was named after Louis Antoine de Bougainville the person who discovered it and created the first settlement.
What happened in the interim period and just prior to this formal handover of sovereignty was a very tactful and conniving move by the “Good old Brits” under the command of Capt Byron who in 1765 claimed the West Island Group for King George III and was totally unaware the French colony on the East Island Group.
During this time, British sailors tried to settle in the of Port de la Croisade in 1766, that they renamed Port Egmont. Bougainville wrote: – “In December 1766, the frigate HMS Japan dropped anchor in Port Louis opposite to the fort. Captain Mac Bride landed uttered threats and went away on the same day.” It was he who attempted to set up an illegal base in the western group of islands.
The islands were formerly transferred to Spain in 1767 under a Governor subordinate to the Buenos Aires Colonial Administration and renamed Puerto Soledad (In Spanish, East Falkland known as Isla Soledad).
In 1770, Spain attacked Port Egmont and expelled the British presence…….and rightfully so!!
The British again returned to the islands and again settled on the Islands but in 1774 were again forced to leave to back up their activity in the US leading up to the American Revolutionary War. The British left behind a plaque asserting their continued claim. Spain maintained its governor until 1806 who, on their departure also left behind a plaque asserting Spanish claims. The remaining settlers were withdrawn in 1811.
In 1820 privateer Heroina took shelter in the islands and Captain David Jewitt raised the flag of the United Provinces of the River Plate and read a proclamation claiming the islands. Luis Vernet established a settlement in 1828 with authorisation from the Republic of Buenos Aires and Great Britain. In 1829, after asking for assistance from Buenos Aires, he was proclaimed Military and Civil Commander of the islands. Vernet asked the British to protect his settlement if they returned.
Argentina played the leading role in the settlement of the Malvinas and in November 1832 sent Commander Mestivier as an interim commander to establish a penal settlement. This didn’t last long because in January 1833 the British again returned and forcibly requested the Argentinean Garrison to leave. Captain Don Pinedo of the Argentina warship ARA Sarandi, reluctantly left the island but the Vernet settlement remained. The settlement continued until August 1833 when the leaders were all killed.
From 1834 – 1840 the British Navy controlled the area by force until they fully established a permanent colony which was totally and utterly illegal.
Sovereignty over the islands later became an issue when Argentina saw the creation of the United Nations as an opportunity to pursue its claim. Talks between British and Argentine foreign missions took place in the 1960s but failed to come to any meaningful conclusion. A major point in all the negotiations was that the inhabitants preferred that the islands remain British territory.
On 2 April 1982 Argentina invaded the Malvinas (Falkland Islands) in an attempt to regain its own sovereign territory but the mission failed….not without a fight…..the Argentinean Air Force almost gained control when the Royal Navy lost many ships and aircraft. It was purely a fluke that they didn’t manage to find the Carriers otherwise the outcome would have been totally different.
Diplomatic relations were again established in 1990 but turned sour in 1994 when Argentina again stood its ground and added its claim to the islands to the Argentine Constitution under the principles of International Law.
Kirchner who was campaigning for President in 2003 regarded the islands as a top priority, taking actions such as banning flights to the Falklands from Argentine airspace. In June 2003 the issue was again brought before a UN and attempts made to open talks with the UK to resolve the issues but to no avail.
In 2007 Argentina reasserted its claim over the Falkland Islands, asking for the UK to resume talks on sovereignty. Gordon Brown in March 2009 stated at a meeting with the Argentinean President that there would be no talks over the future sovereignty of the Falkland Islands. As far as the governments of the UK and of the Falkland Islands are concerned, there is no issue to resolve. The Falkland Islanders consider themselves as almost entirely British and maintain their allegiance to the United Kingdom.
In October 2007 Britain submitted a claim to the UN to extend seabed territory around the Falklands and South Georgia, in advance of the expiry of the deadline for territorial claims following Britain’s ratification of the 1982 Law of the Sea Convention. This claim would enable Britain to control activities such as fishing within the zone, in areas not conflicting with the Antarctic Treats. Argentina said it would challenge any claim by the British to Antarctic Territory and the area around the Falkland Islands and South Georgia.
Argentina made a similar claim in 2009 and the UK protested. Later a World Summit on Fishing Sustainability took place and delegates from the Falkland Islands were invited causing the Argentine delegation to protest and walked out of the conference.
In February 2010, the Argentine government announced that ships traversing Argentine territorial waters en route to the Falklands, South Georgia and the South Sandwich Islands would require a permit, as part of a dispute over British oil exploration near the Falklands. The British and Falkland governments stated that Falklands-controlled waters were unaffected.
So here we are some 30 years on since the Falklands War and still the “Tit for Tat” continues. Argentina certainly does have a very good arguable case as to whom is the legitimate owner of these islands. However, David Cameron is clearly at war with everyone and everything covering a vast area from Libya – Syria – Afghanistan – Somalia and now in true “Thatcher Style” is once again wishing to bring yet another conflict to the islands.
My comment however would be “Don’t bite off more than you can chew”…..the entire scenario has changed since the last war in that we do not have a carrier or the Harriers who had the upper hand when it came to aerial combat.
Argentina no longer stands alone and has the entire South American Continent standing shoulder to shoulder with her and the outcome, should a conflict occur, could well be totally different. Despite our PM’s on going arrogance it is clear that he has made three very important mistakes:
· He’s not aware of the incredible shortfalls in our military
· He’s ignoring the enormous support for Argentina from Latin America
· He’s fraudulently using a non existent oil field for commercial leverage (Oil for Britain) and is promoting fake or virtual oil companies.
Legality of these islands show that originally it was settled by the French who then clearly and legally handed it over to Spain whose territory at the time included Argentina and many other colonies in Latin America.
Argentina also has the right to claim the territory in its coastal and offshore islands under the existing United Nations Convention on the Law of the Sea ( UNCLOS) which I have studied in depth during my time in the Royal Navy and whilst working in the offshore oil and gas industry on the navigational aspects of this law.
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Every country, colony or even small independent island groups have a legal right to own their coastal fringe as well as an extended Exclusive Economic Zone (EEZ) so as to benefit from the natural resources that may exist within their territory…
Let’s now apply the UNCLOS rulings to the Malvinas and you will clearly see that Argentina wins this game hands down based on the following:
Territorial Waters extend out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource.
Contiguous Zone: A further 12 nautical miles from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: Customs, Taxation, immigration and pollution…
Exclusive Economic Zone (EEZ): Extend from the edge of the territorial sea out to 200 nautical miles. Within this area, the coastal nation has sole exploitation rights over all natural resources. The term may include the territorial sea and even the continental shelf.
Continental Shelf: The natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater.
The US clearly takes advantage of its Continental Shelf and as they say “what’s good enough for the goose is good enough for the gander” and in this context it would be advantageous for Argentina to use the same tactics.
Archaeological finds have revealed settlers arrived from Tierra Del Fuego (Argentina) and it remains clear to me that the rightful / legal owner of the Malvinas (Falkland Islands) is Argentina.
The only right the UK has on these distant islands is the fact they took them by military force and kicked out the legal owners.
Peter Eyre – Middle East Consultant
Disclaimer: The views expressed in this article and its contents are the sole responsibility of the author and do not necessarily reflect those of Press TV.
MOL/HE
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