MercoPress. South Atlantic News Agency
C24 reiterates call for Argentina/UK negotiations on Falklands/Malvinas dispute
The United Nations Decolonization Committee, C24, reiterated its call on Argentina and the UK to resume bilateral negotiations for a “peaceful and long-lasting” solution to the Falkland/Malvinas Islands sovereignty dispute. Read full article
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Disclaimer & comment rulesThe C24 continues to operate, despite numerous criticisms levelled at it over the years, including that it is an 'anachronism' because of its inflexibility, that does not accurately reflect territorial developments in its Resolutions, that it is no longer useful, and that its operation is too expensive. (New Zealand Yearbook of International Law (voL 11, 2013, P12).
Jun 26th, 2019 - 08:50 am - Link - Report abuse +2But nobody pays any attention to it, including Russia, China, USA, France and UK. Enough said.
Jun 26th, 2019 - 11:35 am - Link - Report abuse +3Generations of falklanders (malvinenses) will live with that until the islands return to Argentina. Self determination dont apply here as Chagos or Malvinas in 1833.
Jun 26th, 2019 - 11:43 am - Link - Report abuse -6Mercopress appears to have made a mistake, the resolution is always adopted without a vote. So there was no concensus.
Jun 26th, 2019 - 12:27 pm - Link - Report abuse +1Happy to be corrected if I'm wrong.
A Sisyphean motion.
Jun 26th, 2019 - 01:46 pm - Link - Report abuse 0https://www.academia.edu/39026039/Falklands_Wars_-_the_History_of_the_Falkland_Islands_Paper_15_-_2016_to_Sisyphus
It is a conflict that can be solved.
Jun 26th, 2019 - 02:12 pm - Link - Report abuse 0I want to thank the islanders for their kindness with the Argentines who visit the islands. This is a great change.
Alternative headlines :
Jun 26th, 2019 - 02:49 pm - Link - Report abuse 0“The C24 still thinks it has jurisdiction in sovereignty disputes.”
“Argentina still thinks repeating lies will make them true.”
Justin
Jun 26th, 2019 - 02:50 pm - Link - Report abuse 0It was exactly the same motion as last year apart from the date being changed.
The Argentine lie is so big that the United Kingdom systematically refuses to negotiate.
Jun 26th, 2019 - 03:12 pm - Link - Report abuse +1Nothing to negotiate, Morecrap, the matter was settled long ago. We talked & everything was said. Argentina then chose the sword ..... and lost. Nothing to talk about now.
Jun 26th, 2019 - 03:40 pm - Link - Report abuse 0Same old, same old move on. Give up Argentina, you are not going to win.
Jun 26th, 2019 - 06:45 pm - Link - Report abuse 0Typical British arrogance.
Jun 26th, 2019 - 10:31 pm - Link - Report abuse 0“Nothing to negotiate, Morecrap, the matter was settled long ago.”
The world does not think the same.
“But nobody pays any attention to it, including Russia, China, USA, France and UK. Enough said”.
Jun 26th, 2019 - 11:08 pm - Link - Report abuse 0Well Mike Summers, For Russia and China, you are living in a colony. For the USA (your biggest ally), you have a “de facto” administration in the islands but not “de iure”. For France, well they dont give a d... And for the UK, they are the administering power of the colony, so its pretty obvious they will not carry on with c24 res.
What is important, Mike Summers, is that you go each year to the Committe, trying to desperately convince the world you are somehow different to the british while still british, and you guys do looks pretty interested in those draft resolutions they make.
However, you can still form a different people than britain you know?.Even while on this colonial situation But you need first to open up your frontiers choosing inmigration based on the quality of people and not on the quality of origins of those inmigrants.
There are biggest interests on your side to mantain the status quo. More than your excuse of self determination. Like your personal economic interests for instance. But your feudalism will fall sooner or later.
Any sign of Patagonia being given back to its indigenous population and all the Euro-descended Squatters being kicked out of “Argentina”?
Jun 27th, 2019 - 12:19 am - Link - Report abuse 0No?
Funny that.... ¬_¬
“you need first to open up your frontiers choosing inmigration based on the quality of people and not on the quality of origins of those inmigrants”
Jun 27th, 2019 - 03:02 am - Link - Report abuse 0Sounds like a fork-tongued thief who wants to swamp a few thousand decent people with a few million of his brainwashed, land-grabbing, thieving countrymen.
I am sure brainwashed cleptomaniacs are very poor immigration candidates, and very dangerous to your way of life.
(That poster up there might be Patrick Edgar III)
If the world did not think so, MoreCrap, Argentina would have attained a UN GA Resolution in the last 30 years.
Jun 27th, 2019 - 04:52 am - Link - Report abuse 0Liberato- You are a complete arse who actually needs to look at facts over Immigration into the Islands. No restriction here on nationality - that's why we have folks comi ghere to fork who are:
Jun 27th, 2019 - 10:50 am - Link - Report abuse +1Ecuadorians
Peruvians
Chileans
Uruguayans
Zimbabweans
Philpinos
South Africans
and Yes- Argentines
and that is just some of the national origens who come and live and work here, and many settle permanently and take out full citizenship in due course. And Who do those Countries vote for in the UN?
“Argentina reiterates is strong commitment to a peaceful solution“
Jun 27th, 2019 - 11:21 am - Link - Report abuse -1Too bad you have attempted the military option twice before so that permits the UK to rely on ”There is no obligation in general international law to settle disputes“.
Principles of Public International Law, third edition, 1979 by Ian Brownlie
”C24 reiterates call for Argentina/UK negotiations on Falklands/Malvinas dispute”
Too bad that they have no jurisdiction in the matter, since the Referendum the UK and the FI have complied with all the requirements of the UN Charter and are free from any, and all legal all obligations.
Open your eyes Liberato. Russia, China, USA, France don't care about this case. Russia is there to prevent issues arising in the Crimea, Georgia, the Stans. China is there to defend its policies over Tibet, Taiwan, the Spratleys. The USA will keep a watching brief to protect its interests over Guan, the Marshall Islands, Puerto Rico. France is interested in New Caledonia, Mayotte, French Guyana, etc, etc. They don't care about Argentina one jot (or any of the rest of us either).
Jun 27th, 2019 - 12:38 pm - Link - Report abuse 0The fact of the matter is we are different, though British. Like Easter Islanders are different, though Chilean. Like Christmas Islanders are different, though Australian. Like Dutch Antilles people are different, though Dutch. Just because you cannot grasp the concept that different people can choose (or accept/adopt) a separate nationality does not make it invalid.
Islander1, how is the porcentage of origins? 95% of the population are of british origins?.
Jun 27th, 2019 - 11:59 pm - Link - Report abuse +1Mike Summers, we agree that nations are ruled by their own interests, but it doesnt means they do not care. Just becouse of all the reasons you mentioned. If you consider yourself a polititian, you should know that better than me. Russia was claiming britain exactly that, that the UK claim selfdetermination for Malvinas, but deny the “same” for the Crimea.
Of all those places you mentioned. None are considered to be in a colonial situation. Nor they have a sovereignty dispute. The fact of the matter is that not even your “constitution” was made by you. Your lawers, teachers, judges, governors, the bank, the economy with the feudal FIH, none depends of the islands but from london with people imported from britain.
I guess not even the “government” webpage is made by you but from people brought from britain.
You want to be free of Argentina?. Ask your government (the UK) to negotiate sovereignty with Argentina. Choose Arbitration, a coin, whatever you choose and then hope for the best.
If not, then convince first, the United Nations that Malvinas are not a non self-governing territory with a sovereignty dispute between the administering power and Argentina and under a UN process of decolonization. If you do that, then Argentina will believe that you are different.
By the way, There are like nine more territories under british colonialism. Not just the Malvinas Islands.
Liberato
Jun 28th, 2019 - 12:56 am - Link - Report abuse -1There isn't one facet of international law that supports an Argentine claim. Every judgement that has been made concerning such claims supports the UK and every opinion from judges of the ICJ likewise.
“The Island of Palmas tribunal of the PCA at the Hague explicitly recognized the validity of conquest as a mode of acquiring territory when it declared in its decision that:
“If a dispute arises as to the sovereignty over a portion of territory, it is customary to examine which of the States claiming sovereignty possesses a title—cession conquest, occupation, etc.—superior to that which the other State might possibly bring forward against it.”
”There is a general principle, in international law jurisprudence, that claims may be extinguished by the passage of time.
“The principle of extinctive prescription, that is, the bar of claims by lapse of time, is recognized by international law. It has been applied by arbitration tribunals in a number of cases. The application of the principle is flexible and there are no fixed time limits…. Undue delay in presenting a claim, which may lead to it being barred, is to distinguished from effects of the passage of time on the merits of the claim in cases where the claimant state has, by failing to protest or otherwise, given evidence of acquiescence’”: I Oppenheim 526 and 527. See Cheng, General Principles of Law as Applied by International Courts and Tribunals (1953), Chap. 18; King, Prescription of Claims in International Law, (1934) 15 B.Y.I.L. 82. Cf. prescription, acquisitive.
So the UK can prove jurisdiction as to title, and the last time I looked they have tossed a claim that exceeded thirty years (The Gentini case PCA 1903).
Moreover, you cannot apply modern law. With so much precedent in their corner, they look like their claim is in pretty good shape.
Terrence Hill,since 1833, Britain tried to legitimate the invasion and the subsequent colonization of the territory using the doctrine of discovery. But how discovery alone was not enough to acquire legitimacy without settlement, they tried conquer. But as Britain was not at war with Argentina, they tried acquiescence and extinctive prescription and im sure im forgeting a lot more.
Jun 28th, 2019 - 09:52 pm - Link - Report abuse 0Those changes were presented by britain and british scholars in differents times for the same reason: that they couldnt legitimate the invasion in 1833 of a territory after 60 years of only spanish and argentine “lonely” administrations. Add to that, the continues argentine protests and the colonial situation that continue, to this century, to this day.
The UK have a de facto jurisdiction. The UN recognize the sovereignty dispute all over the area.
So here we are, You claim the islands are self governed, that they have democracy, etc. While in reality, for Argentina and the world represented in the UN, the islands are a non self governing territory under a process of decolonization. A colonial regime (administered by the UK) which sovereignty is in dispute between the UK and Argentina.
Liberato
Jun 29th, 2019 - 12:55 am - Link - Report abuse -1“They couldnt legitimate the invasion in 1833”
Oh yes they could to wit:
'As late as 1886 the Secretary of State found it necessary to inform the Argentine Government that as “the resumption of actual occupation of the Falkland Islands by Great Britain in 1833 took place under a claim of title which had been previously asserted and maintained by that Government, it is not seen that the Monroe Doctrine, which has been invoked on the part of the Argentine Republic, has any application to the case. By the terms in which that principle of international conduct was announced, it was expressly excluded from retroactive operation.”
P.60 Sovereignty and the Falkland Islands Crisis D.W. Greig
“They tried conquer. But as Britain was not at war with Argentina” They did, and they don't have to be.
“If the conquest is firmly established. Taking possession through military force of the territory of another State against the latter's will is possible, however, without any military resistance on the part of the victim. Provided that a unilateral act of force performed by one State against another is not considered to be war in itself”
Hans Kelsen
Argentina is barred from any legal claim as she is estopped by extinctive prescription. And “The Island of Palmas tribunal of the PCA at the Hague explicitly recognized the validity of conquest as a mode of acquiring territory”
https://en.mercopress.com/2019/06/26/c24-reiterates-call-for-argentina-uk-negotiations-on-falklands-malvinas-dispute/comments#comment502295
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