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Declaration of Santo Domingo supports Argentina's claim over South Atlantic islands

Monday, March 27th 2023 - 10:28 UTC
Full article 8 comments

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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  • Terence Hill

    ““Declaration of Santo Domingo” whereby the group reportedly supported Argentina's claim to the Falkland/Malvinas Islands”.

    Rosalyn 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.

    Mar 27th, 2023 - 11:15 am - Link - Report abuse +2
  • Steve Potts

    Argentina's claim?

    Based on what aspects of international law?

    Mar 27th, 2023 - 11:35 am - Link - Report abuse +1
  • Bud Spencer

    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 +1
  • MarkWhelan

    I hear that there was another poll done in a Buenos Aires Pub.
    Asking 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.

    Mar 27th, 2023 - 01:12 pm - Link - Report abuse +2
  • Pugol-H

    The ‘Declaration of Santo Domingo’ does not mention Las Malvinas, at all.

    https://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.

    Mar 27th, 2023 - 01:28 pm - Link - Report abuse +4
  • Terence Hill

    “Does not mention Las Malvinas, at all.”
    Not 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.

    Mar 27th, 2023 - 03:09 pm - Link - Report abuse +1
  • Pugol-H

    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
  • Terence Hill

    “The provisions and objectives of the Charter of the United Nations, including the principle of territorial integrity.”

    It 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

    Mar 28th, 2023 - 04:05 pm - Link - Report abuse 0

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