MercoPress. South Atlantic News Agency

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  Brit Bob

  Argentina's and Chile's Antarctic claims:-
  
  The fact remains that uti possidetis juris fails to square properly with the legal establishment of non-Hispanic states in the New World, as well as with the more recently evolved principle of decolonization and self-determination. Furthermore, save for the Latin American states, succession from the original Spanish rights has neither commanded widespread respect nor attracted international acceptance, either in practice or in principle. The dearth of contemporary legal appreciation for uti possidetis juris strongly suggests that it contributes only a modium, if any, legal support to either Argentina's or Chile's assertion to valid title over claims in the Southern Ocean or Antarctica. In short, consideration of intertemporal law and factual conditions, especially the extent to which the territorial sovereignty of Spain was actually manifest in the Antarctic casts serious doubts about the legal propriety or validity of the uti possidetis argument today. ('Antarctica and the Law of The Sea,' Joyner C,* Nijhoff, M Publishers, p59-60, 1992, quoting, 'Conflict of Sovereignties in Antarctica,' Yearbook of World Affairs, Daniel J, p 262-66, 1949; 'The American Antarctic,' American Journal of International Law,' p603, Hayton R.D., 1956; and 'Antarctic Law and Politics,' Auburn, F.M. P50, pub C Hurst 1982).
  
  
  Falklands – Argentina's Inheritance Problem ( 1 pg): -
  https://www.academia.edu/35194694/Falklands_Argentinas_Inheritance_Problem

  Dec 04th, 2017 - 10:52 am - Link - Report abuse 0
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