Argentina's Falklands Claim: A Hong Kong-Style Handover Proposal
A recent editorial in the South China Morning Post proposes that Britain might contemplate a transfer of the Falkland Islands (Islas Malvinas) to Argentina, drawing on historical, geographical, and legal arguments. Argentina asserts its claim to sovereignty, tracing it back to territorial succession from Spain in 1816, having governed the islands from 1820 until 1833. Located 480km from Argentina and 13,000km from Britain, the islands are seen as remnants of imperialism. The piece mentions the 1984 Joint Declaration as a relevant example for such a transfer and includes insights from legal experts Marcelo Kohen and Facundo Rodriguez, who contend that Argentina inherited Spanish sovereignty and that Britain's expulsion in 1833 was unlawful. Additionally, it highlights Argentina's diplomatic protests since 1833 and UN Resolution 2065 from 1965, which acknowledges the dispute.
Key facts
- Argentina claims sovereignty over the Falkland Islands (Islas Malvinas) based on territorial succession from Spain upon independence in 1816.
- Argentina exercised governmental authority over the islands between 1820 and 1833.
- The islands are located 480km from Argentina and 13,000km from Britain.
- The 1984 Joint Declaration is cited as a precedent for a peaceful, negotiated transfer of sovereignty.
- International legal scholars Marcelo Kohen and Facundo Rodriguez have articulated legal arguments for Argentina's claim.
- The legal arguments invoke uti possidetis juris and characterize Britain's 1833 expulsion of Argentine authorities as illegal usurpation.
- Argentina's diplomatic protests since 1833 have been consistent.
- The United Nations recognized the dispute's legitimacy in Resolution 2065 in 1965, inviting negotiations that remain unanswered.
Entities
Institutions
- United Nations
- South China Morning Post
Locations
- Argentina
- Britain
- Falkland Islands
- Islas Malvinas
- Hong Kong
- Buenos Aires
- Spain