The XXVIII Ibero American Summit -the first to be held on-site after the Covid-19 pandemic- concluded Saturday with the so-called Declaration of Santo Domingo whereby the group reportedly supported Argentina's claim to the Falkland/Malvinas Islands together with other issues such as gender equality, energy transition, and the promotion of Spanish / Portuguese bilingualism. Read full article
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Disclaimer & comment rules““Declaration of Santo Domingo” whereby the group reportedly supported Argentina's claim to the Falkland/Malvinas Islands”.
Mar 27th, 2023 - 11:15 am - Link - Report abuse +2Rosalyn Higgins President of ICJ pointed out: No tribunal could tell her [Argentina] that she has to accept British title because she has acquiesced to it But what the protests do not do is to defeat the British title, which was built up in other ways through Argentina’s acquiescence.
And by the highest US legal examination.
“6. Comparison sf the Competing Claims of Argentina and GB
Regardless of the conclusion reached above, however, the establishment of the world courts changed the situation so that diplomatic protests were no longer sufficient to keep Argentina's claim to sovereignty alive.”
The Falklands (Malvinas) Islands: An International Law Analysis of the Dispute Between Argentina and Great Britain Major James Francis Gravelle
MILITARY LAW REVIEW CONTEMPORARY INTERNATIONAL LEGAL ISSUES
Pamphlet NO. 27-100-107 HEADQUARTERS DEPARTMENT OF THE ARMY; Washington, D.C., Winter 1985
There is no obligation in general international law to settle disputes.
Principles of Public International Law, third edition, 1979 by Ian Brownlie
Charter of the Organization of American States
FUNDAMENTAL RIGHTS AND DUTIES OF STATES
Article 12
The fundamental rights of States may not be impaired in any manner whatsoever.
Article 13
The political existence of the State is independent of recognition by other States. Even before being recognized, the State has the right to defend its integrity and independence, to provide for its preservation and prosperity, and consequently to organize itself as it sees fit.... The exercise of these rights is limited only by the exercise of the rights of other States in accordance with international law.
Argentina's claim?
Mar 27th, 2023 - 11:35 am - Link - Report abuse +1Based on what aspects of international law?
Every international event that the conquistadors attend is a joke, begging everybody please please support our false claim. like little children, it will achieve nothing, other than push the islanders further and further away, just like watching Abbot and Costello movies, utter and complete farce.
Mar 27th, 2023 - 11:51 am - Link - Report abuse +1I hear that there was another poll done in a Buenos Aires Pub.
Mar 27th, 2023 - 01:12 pm - Link - Report abuse +2Asking if Argentina had any lawful claim to the Falkland/Malvinas Islands
The results were.
Where the hell are they? 65%
Who actually cares 30%
Not really 4.8%
Yes They always were ours 0.2%
A few drunks were passed out on the floor but were known President Alberto Fernández supporters. These are the ones counted as the Yes vote.
The ‘Declaration of Santo Domingo’ does not mention Las Malvinas, at all.
Mar 27th, 2023 - 01:28 pm - Link - Report abuse +4https://www.diariolibre.com/actualidad/nacional/2023/03/25/xxviii-cumbre-iberoamericana-declaracion-de-sd/2266256
It’s in a separate ‘Special Communiqué’ issued.
Whoever wrote this, cannot get even the basic facts straight.
“Does not mention Las Malvinas, at all.”
Mar 27th, 2023 - 03:09 pm - Link - Report abuse +1Not explicitly, but it is certainly implicit.
Declaration of Santo Domingo
9. We reaffirm our commitment to democracy, the rule of law, strict respect for the Charter of the United Nations and international law, including the principles of sovereignty, non-intervention in internal affairs of States and legal equality of States, the right of each people to choose and build freely, in peace, stability and justice, its political, economic and social system and its institutions, as well as access to information, justice and respect for due process.
https://www.segib.org/wp-content/uploads/01.-Comunicado-especial-sobre-la-cuestion-de-las-islas-malvinas_Es.pdf
Mar 28th, 2023 - 01:37 pm - Link - Report abuse 0“The provisions and objectives of the Charter of the United Nations, including the principle of territorial integrity.”
Mar 28th, 2023 - 04:05 pm - Link - Report abuse 0It cannot be applied to an act that preceded the creation of the Charter.
Intertemporal Law
“The rule that the effect of an act is to be determined by the law of the time when it was done, not of the law of the time when the claim is made, is elementary and important. It is merely an aspect of the rule against retroactive laws, and to that extent may be regarded as a general principle of law. It is especially important in international law because of the length of the life of states. It is peculiarly apt to questions of title; though by no means confined to questions of title,”
As the former President of the ICJ wrote:
The Acquisition of Territory in International Law
by Robert Yewdall Jennings
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