MercoPress. South Atlantic News Agency
Falklands: Argentine official complaint, stimulates Warrah Resources mineral exploration
Argentina in an official release has complained bitterly what it describes as UK's unilateral activity, for having awarded a new license for gold and other minerals exploration to Warrah Resources in the Falkland Islands. Read full article
Comments
Disclaimer & comment rulesWhere in the world are the “Malouines Islands”?
Jul 29th, 2023 - 01:35 pm - Link - Report abuse 0The source must be French.
Jul 29th, 2023 - 02:08 pm - Link - Report abuse -1https://www.youtube.com/watch?v=YLi5A7BiBVk
The exploration license covers East and West Falklands.
Jul 29th, 2023 - 03:18 pm - Link - Report abuse +1West Falkland - why does this concern Argentina as their early protest only asked for the return of East Falkland? Do they want ££$$?
Falklands – 1833/34 United Provinces Protests Seek Redress and Return of East Falkland Only (2 pgs): https://www.academia.edu/104586502/Falklands_1833_34_United_Provinces_Protests_Seek_Redress_and_Return_of_East_Falkland_Only
”The UK decision to grant a new exploration license (to Warrah Resources), specifically contravenes resolution 31/49 from the UN General Assembly calling both sides, Argentina and UK to abstain from adopting unilateral decisions which entail the introduction of modifications to the Islands ”
Jul 29th, 2023 - 06:40 pm - Link - Report abuse 0The UNGA resolutions have no legal authority, as they are merely advisements
Whereas the following are considered authoritative opinions:
“The constant and approved practice of nations shows that by whatever name it is called the uninterrupted possession of territory or other property for a certain length of time by one state excludes the claim of every other” Wheaton
“A State which has ceased to exercise any authority over a territory cannot, by purely verbal protestations, indefinitely maintain its title against another which for a sufficiently long time has effectively exercised the powers and fulfilled the duties of sovereignty in it.''(Theory and Reality in International Law, de Visscher, 1957, p201).
”Self-determination of people: a legal reappraisal by Antonio Cassese
The content of self-determination as laid down in the Covenants Article 1 of both the UN Covenant on Economic, Social and Cultural Rights and the UN Covenant on Civil and Political Rights provides as follows:
All peoples have the right of self-determination. ... All may, ... freely dispose of their natural wealth and resources ... ”
You are not people, inhabitants
Jul 29th, 2023 - 10:15 pm - Link - Report abuse -4So, it’s a case of Argentine unsupported semantics.
Jul 29th, 2023 - 10:56 pm - Link - Report abuse +1Or international experts whose opinion means they don`t even get the time of day, according to international law.
TWIMC...
Jul 30th, 2023 - 07:06 am - Link - Report abuse 0I remember we had this same story a couple of decades ago...
A big mineral prospection project was made in Malvinas by them Engrish...
It all ended in a scandal with “somebody” announcing on the Malvinas local radio that a huge GOLD DISCOVERY had been made...
There was kind of a panickly euphoria in Puerto Estanley for 'bout 24 hours...
But then came the official news that GOLD was NOT been found.., neither anything else of commercial value...
Same story was repeated a decade later by Engrish “Desire Petroleum” who announced a huge OIL DISCOVERY...
That was a porky too and “Desire” went soon bankrupt...
Ya' remember those stories..., Kelpers...?
Taenk,
Jul 30th, 2023 - 08:09 am - Link - Report abuse +2Human existence is almost never black and white. Sometimes people you despise can be right about things, sometimes people you respect can be wrong about things, and if you lack the maturity to deal with that, the shame is on you.
Peace and love from a friendly Turnip.
It's about time that argentine, realised that the people of the Falkland Islands voted to be British, to remain British and that what happens on the Falklands is nothing to do with Argentina, and they should leave well alone, the British people will always support the British people of the Falkland's
Jul 30th, 2023 - 08:56 am - Link - Report abuse +1Self-determination
Jul 30th, 2023 - 10:31 am - Link - Report abuse +1The right of a people to self-determination is a cardinal principle in modern international law, binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. Wikipedia
ICJ and Self-Determination
...opinion on Kosovo's declaration ...
” Is that the right of self-determination, which the ICJ found to be jus cogens in the East Timor case, is a right of all peoples, not only of those in a colonial context. ... “
Western Sahara; “The validity of the principle of self-determination, defined as the need to pay regard to the freely expressed will of peoples, ...the subsequent development of international law in regard to non-self-governing territories, as enshrined in the Charter of the United Nations, made the principle of self-determination applicable to all of them”
They just can’t do anything without being in breach of international law to wit:
None-interference in the internal affairs of other countries as echoed in this UBGA resolution. Ref.: 2225(XXI) The General Assembly, Reaffirming the principle of non-intervention, proclaimed in the charters of the Organization of American States, … Recognizing that full observance of the principle of the non-intervention of States in the internal and external affairs of other States is essential to the fulfilment of the purposes and principles of the United Nations, Considering further that direct intervention, subversion and all forms of indirect intervention are contrary to these principles and, consequently, constitute a violation of the Charter of the United Nations, …1. No State has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. Consequently, ..and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are condemned.
…6. All States shall respect the right of self-determination and independence
“Malouines lles?”
Jul 30th, 2023 - 10:35 am - Link - Report abuse -2Does this official release from the Argentine government mean that it has unilaterally changed the name that Argentina attributes to the Falkland Islands from ‘Malvinas’ to ‘Malouines’ without consulting the UK or the people of the Falkland Islands?
Surely this important change is in contravention of UN General Assembly resolution 31/49, or does Argentina think that UN resolutions apply only to the UK and not to it?
Has Argentina notified the producers of the world’s maps, charts, and other geographic information about this change?
No, probably not. This is just another example of Argentine geographic confusion.
Just like the Arthurian legend Camelot, the mythical ‘Malvinas/Maloines do sound a bit bizarre.
“Malouines lles” - more like Malouines lies!
See you next Tuesday Sergio
Jul 30th, 2023 - 05:14 pm - Link - Report abuse 0Trunks, the FIG sell licences. How it works out is hardly their problem.
Jul 30th, 2023 - 10:30 pm - Link - Report abuse 0Licences ARE gold.
Oh, the word of honor of the British! They have once and again failed to follow the agreements they have signed in the UN; in this occasion they have acted unilaterally, by taking decisions like this. They did it before, enabling the militarisation of the Malvinas Islands. Why does it surprise me know? We should be used to their dishonorable and illegar actions in Malvinas by now.
Jul 31st, 2023 - 03:44 pm - Link - Report abuse -1G&H , which country pulled out of the deal agreed by Argentina and the UK, ? trustworthy, ? have a day off, militarisation of the islands, your evil junta did that in 82, you are embarrassing yourself with these comments, Falklands are here to stay, deal with it and move on,
Jul 31st, 2023 - 06:00 pm - Link - Report abuse 0GeoFray - what agreements did the UK sign at the UN?
Jul 31st, 2023 - 09:43 pm - Link - Report abuse -2Since 1946 & to this day, the UN (through its Resolutions) have acknowledged there is a sovereignty dispute between Argentina and the UK; since then, there have been multiple resolutions calling the former British empire to reestablish negotiations with Argentina in this regard. The parties were asked to negotiate and REPORT to the UN the results.
Aug 01st, 2023 - 07:01 am - Link - Report abuse -2Recently, the Argentine Foreign Minister has had no other option but to declare the end of the 2016 Foradori-Duncan Treaty, and called for new negotiations to be held as a result of the British government unilateral actions for the exploration of hydrocarbons in the disputed area, failing with these acts to adhere to UN resolutions 15/14.
In the UN June 2023, 7th Meeting, the representatives of different countries called for Britain to refrain to act unilaterally, failing to adhere to previous resolution 1514 & citing the illegal exploration & extraction of natural resources as an example, due to the long-standing sovereignty dispute. The delegates also expressed that is time for Britain to stop rejecting global calls to negotiating a peaceful resolution to the colonization of the Atlantic South.
The UN Resolutions call for adherence to their recommendations, & are morally and ethically binding. Either Britain adheres to the UN resolution or it doesn’t; it doesn’t work only when it benefits the British.
The same resolution applies to the unilateral concession of the Warrah mine.
”UN (through its Resolutions) have acknowledged there is a sovereignty dispute“
Aug 01st, 2023 - 10:29 am - Link - Report abuse 0The UNGA resolutions have no legal authority, as they are merely advisements.
”UN June 2023, 7th Meeting, the representatives of different countries called for Britain to refrain to act unilaterally, failing to adhere to previous resolution”
While the UK and the Islanders are in total conformity with their binding Charter requirements.
Argentina cannot rely on any international law as shown at.
https://en.mercopress.com/2023/07/29/falklands-argentine-official-complaint-stimulates-warrah-resources-mineral-exploration/comments#comment527242
Geofray - you didn't answer the question.
Aug 01st, 2023 - 11:22 am - Link - Report abuse 0I repeat - what agreements did the UK sign at the UN?
Excuses excuses excuses G&H, the UN says the right to self determination, end of story, there is peace in the South Atlantic, the small military base guarantees that, sovereignty is non negotiable unless the islanders wish it, the islanders are happy to talk to Buenos Aires about anything else but you nut job government refuse to talk to them, so indoctrinated its unbelievable.
Aug 01st, 2023 - 11:44 am - Link - Report abuse 0To Juan Cervantes RE: The Question of Malvinas (Falklands)
Aug 01st, 2023 - 02:12 pm - Link - Report abuse -1Wrong. The kind of considerations you're proposing as definitive are not more than your wishes & opinions, as such things can not be considered before determining the sovereignty of the Malvinas Islands.
For your information, since 1946 the Malvinas Islands has been listed as Non-self-Governing territory, & still listed as such because of the Question of Malvinas, as an area where colonialism (imperialism) is still present.
Included below is the link to the ORIGINAL SOURCE, the UN, where you can see this information for yourself:
https://www.un.org/dppa/decolonization/en/nsgt
The only ones giving excuses in this are the British: they've been doing it for the last 300 years, as I proved on other articles.
To be able to held a LEGAL referendum or any kind of decisions on the Malvinas Islands, first the sovereignty of the islands has to be determined in the International Court of Justice; this principle was clearly stated by British Judge Rosalyn Higgins, former ICJ President.
Britain knows this, and that is why they kept delaying the matter and making excuses to avoid the sovereignty of the islands to be determined as it should be, on the ICJ. All other discourse is empty & lacks credibility, including the narrative and opinions of the pro-imperialists in the XXI century.
Once known for its distinguished historians, biologists, scientists, explorers etc that advanced the world with their contributions, the United Kingdom is now recognized as one of the last vestiges of imperialism in the Atlantic South. It is time to end this anachronism once and for all.
G&H , nothing to do with my wishes, the right of self determination is enshrined in the UN charter, the matter is settled whether you like it or not, in 20 to 30 years time the Falklands will be a thriving independent country, you are deluded about imperialism. is that what you are taught at school ?. Britain voluntarily gave up its Empire years ago, and has no wish to ever have one again, what is left are a few small self governing territories, some to small to be ever independent, ie the Pitcairn Islands, the imperialism card you play is pretty pathetic. No UN resolutions for many many years, because they are not interested in your bogus claim. why do you think successive Argentine governments have NEVER gone to the ICJ, because they would be a laughing stock thats why, your Peronists use your bogus claim to deflect attention from what they have done to your country, stop wasting your lihe on a lie a myth and a fantasy, its pointless,
Aug 01st, 2023 - 02:26 pm - Link - Report abuse 0G&H
Aug 01st, 2023 - 03:57 pm - Link - Report abuse 0So, ‘the Malvinas Islands has been listed as Non-self-Governing territory, & still listed as such’, this is correct.
Where UNGA resolution 1514;
https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-granting-independence-colonial-countries-and-peoples
Says:
5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
so:
Non-Self-Governing Territories, transfer all powers to the peoples of those territories, in accordance with their freely expressed will and desire.
It’s not complicated, is it???
It is Argentina that is in breach of UN resolution, by refusing to accept the Islanders right to self-determination which (as above) is clearly stated in the resolutions.
Once Argentina recognises the Inhabitants rights the British will discuss areas of mutual interest.
However as long as Argentina continues to blatantly violate UN resolutions, Argentina cannot complain about the British conforming to them.
Britain is the oldest regional power in the S. Atlantic, since long before Argentina or any other country in the region today ever existed.
Argentina has no valid claim to any territory in the S. Atlantic/Antarctic, it’s been British since long before Argentina ever existed in any form and was never Spanish either.
“To be able to held a LEGAL referendum or any kind of decisions on the Malvinas Islands, first the sovereignty of the islands has to be determined in the International Court of Justice; this principle was clearly stated by British Judge Rosalyn Higgins, former ICJ President.”
Aug 01st, 2023 - 05:17 pm - Link - Report abuse 0She certainly did,Ollie.
“The jurist Rosalyn Higgins President of ICJ arrived at a similar conclusion when she 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.“ 1
1. Rosalyn Higgins, ”Falklands and the Law,” Observer, 2 May 1982.
Seems to me that in listing the Falklands as a NSGT and identifying the UK as the Administrative Power, the UN rather disposed of any question over sovereignty.
Aug 02nd, 2023 - 10:36 am - Link - Report abuse 0If the UN was wrong, perhaps it should now delist the Falklands while Argentina seeks a decision by the ICJ?
As for self-determination, the work of Prof. Willetts of the South Atlantic Council remains an interesting read
“Resolution 1541 is just as important to the Falklands as is the Decolonisation Declaration. It specifies that the Falklands must remain on the agenda of the Decolonisation Committee until one of the three options has been chosen and implemented. It also specifies that no option will be valid, unless it is freely chosen by the people of the Falklands. This means that even if some future British government were to agree to hand the Falklands over to Argentina the Falkland Islanders would still have the right to say yes or no to the integration option. The very fact of being on the agenda of the Decolonisation Committee each year is the strongest possible evidence that the Falkland Islanders do have the right to self-determination.”
https://falklandstimeline.files.wordpress.com/2022/04/the-united-nations-self-determination-and-the-falkland-islands-by-p.-willetts-2013.pdf
Inconvenient truths about the Malvinas Islands (Falkland) part 2
Aug 02nd, 2023 - 01:33 pm - Link - Report abuse -1The Malvinas Islands are included as a Non-self-Governing territory by the UN since 1946, & this status hasn’t changed, as those who read the provided original source could see. The reason for this lies in that:
1. The Malvinas Islands are still considered a colonial territory by the UN, &
2. The UN acknowledged that they are a territory in dispute
3. Their sovereignty is what disputed (Read ‘The Question of Malvinas (Falklands)
4. Therefore, until this is determined, the territory will continue to be considered as ‘disputed’
5. The UN has requested to both parties involved, the adherence to its resolution to avoid introducing unilateral decisions because of the sovereignty dispute
6. For this same reason, and although Britain has held a referendum of self-determination, such measures can’t’ be considered legally UNTIL the issue of sovereignty is determined. This is not my opinion, but what the UN is saying
a. sovereignty is not determined
b. then Britain didn’t have the legal requirements to held a referendum of self-determination, &
c. therefore, there can’t be a valid proof of who the original people of the islands
You can argue, you can have an opinion, you can cite scholar’s opinions, but that won’t change the current UN resolutions and declarations, neither the acknowledgement that the Malvinas Islands is a disputed territory.
You have stated your claims to Malvinas Islands, & we’ve stated ours: Spain (& therefore, Argentina) had discovery, possession and sovereignty, as recorded in historical, geographical facts, & by treaties that recorded the agreements between nations. When these historical documents are considered in the ICJ, sovereignty will be determined. That is how it works.
By the way, who is Ollie?
Geofray - no.6. No that is not what the UN are saying. In fact the UN has said nothing since 1988. That being the last year that a UN resolution was issued. In any case, UN GA resolutions are merely advisory. There is no obligation to accept advice from the UN. I suggest that Argentina lobby the UN to have a question put to the ICJ.
Aug 02nd, 2023 - 09:21 pm - Link - Report abuse 0That is how it works.
Also, Spain only claimed one Island in 1811, having recognised British possession of the western Islands in 1771. You may not have noticed, but Argentina is not Spain.
Try to learn some history. This is as simple as I can make it. -
https://falklandstimeline.files.wordpress.com/2023/08/simple-list-spanish.pdf
Enjoy
The UN does not need to make any futher determination.. it does not have to make memos every year. It has already made it clear that for it there is an open sovereigbty dispute
Aug 03rd, 2023 - 12:22 am - Link - Report abuse 0The UN appears to be completely irrelevant.
Aug 03rd, 2023 - 01:11 am - Link - Report abuse 0The UN was always irrelevant, it was an invention of the powers that won the Second World War, which created it with the right to veto, and with the commitment to reduce their nuclear arsenals and settle the disputes of humanity peacefully.
Aug 03rd, 2023 - 03:05 am - Link - Report abuse -1Obviously it was stupid, because the human being has in its nature intraspecific competition and self-destruction and 50 years do not change 30 million years of evolution.
We simply leave our claim open and the dispute of sovereignty open, for future generations or the slightest slip or global geopolitical change.
Inconvenient truths about the Malvinas Islands (Falkland) part 3
Aug 03rd, 2023 - 03:28 am - Link - Report abuse -2As a UN member, Britain agreed to:
1 Protect human rights & uphold international law.
a. In the Case of Malvinas (Falkland), they are ignoring Argentinians’ human rights.
b. For more than 250 years they have ignored customary international law
2 Treaties for a peaceful resolution:
a. Britain has ignored the Tordesillas, Utrecht & other treaties.
b. It has failed to adhered to UN resolutions mandating that no unilateral decisions should be introduced in the Malvinas Islands
c. It has refused to negotiate a peaceful resolution to the Islas Malvinas sovereignty dispute etc etc etc
d. Before arguing that UN resolutions are not binding, let me tell you that the ICJ continuously stress their importance.
e. It has ignored Argentina’s calls to take the matter to the ICJ
3 Regarding imperialism & colonialism: UN lists the following territories as British colonies: Anguilla, Bermuda, Virgin, Cayman, Malvinas, Montserrat, St Helena & Turks Islands, Gibraltar & Pitcairn.
4 The UN acknowledges the sovereignty dispute of Malvinas Islands.
5 Customary international law ‘uti possidetis juris’ recognises Argentina’s right to Spanish dominions in the South Atlantic as they were at the times of the colonies
6 The UN principle of self-determination is the human right of people to decide their own destiny. I can see that commentators in this thread confuse the UN definition with the international law one, notion b:
a. Internal: ‘I will decide my own destiny’ or
b. external: refers to the legal independence from a larger state
This assumption is in conflicts with the international law ‘uti possidetis juris’ that preserves the territories of former colonies eg the territory of Argentina as it was inherited from Spanish dominions in South America & the Atlantic South territories. Ergo, Britain is ignoring the multiple historical & geographical facts on Argentina’s rights & sovereignty of the Malvinas Islands.
GeoFray -
Aug 03rd, 2023 - 05:42 am - Link - Report abuse +1What did the UK sign at the UN?
1) what was ”customary international law 250 years ago?
2) Tordesillas was a bilateral treaty between Spain & Portugal. It did not affect anyone else.
3) UN GA resolutions are advisory, not mandatory. Regardless of what the ICJ says.
4) Argentina was invited to the ICJ in 1968 and 1982.
5) A list of British Overseas Territories - all of which have the right of self-determination.
6) The UN acknowledges nothing. The Sec-Gen in 2012 confirmed that the UK was not in breach of any UN resolutions, the last Falklands resolution being in 1988.
7) UPJ? Seriously? So take your inheritance to the ICJ - the same way Mauritius did.
8) The Isanders are listed as a NSGT at the UN with the right of external self-determination.
Go learn
https://falklandstimeline.files.wordpress.com/2021/11/shrinking-self-determination-the-chagos-opinion-of-the-international-court-of-justice-by-jan-klabbers-2019.pdf
Geofray - you are full of crap
“ Britain has ignored the Tordesillas, Utrecht & other treaties. ”
Aug 03rd, 2023 - 09:37 am - Link - Report abuse +1GB was never a signatory to the former and Argentina is barred by Utrecht.
“...it is hereby further agreed and concluded, that neither the Catholic King, nor any of his heirs and successors whatsoever, shall sell, yield, pawn, transfer, or by any means, or under any name, alienate from them and the crown of Spain, to the French, or to any other nations whatever, any lands, dominions, or territories, or any part thereof, belonging to Spain in America.”
“It has refused to negotiate a peaceful resolution to the Islas Malvinas”
“There is no obligation in general international law to settle disputes”.
Principles of Public International Law, third edition, 1979 by Ian Brownlie
Inconvenient truths about the Malvinas Islands (Falkland) part 4
Aug 04th, 2023 - 04:51 pm - Link - Report abuse 01. Relevance of the Tordesillas Treaty between Spain & Portugal (1494)
a. It demonstrates that the signatories were the only two European countries in the Americas since late XV century
b. Again, Spain conquered the majority of the Americas, and Portugal the area known today as Brazil
c. It sets a colonial dominion historical & geographic precedent in the international law of that time even to those that came later to the new world. Example of this is the French leaving the Islas Malvinas in the 1770s, when they acknowledged they were Spanish territories. The British ignored international law & diplomacy, and had to be expulsed by the Spanish forces.
2. The long list of the existent British colonial territories may have the right of self-determination, with the exception of Islas Malvinas, because this is a sovereignty disputed territory as explained in my post #3.
3. The territories of former colonies, such as the Argentinian territory, have the right to be preserved as it was inherited from the colonial power e.g., Spanish dominions in South America & the Atlantic South territories; this is the ‘uti possidetis juris’ principle of international law.
a. Argentina via the principle explained above, has:
i. Discovery
ii. Possession
iii. And sovereignty over the disputed territory
iv. These are statuses verifiable by historical and geographical documents that will be used when the dispute is taken to the ICJ
v. The multiple UN declarations & resolutions will serve as a reference on this matter
4. There will be a legal obligation to settle disputes in international law when this dispute is taken to the ICJ, especially because
a. the sovereignty and integrity of Argentina is being violated by a colonial power &
b. the militarization of the islands.
“Customary international law ‘uti possidetis juris’ recognizes Argentina’s right to Spanish dominions in the South Atlantic”
Aug 04th, 2023 - 05:16 pm - Link - Report abuse 0No, it doesn`t here is what it recognizes there was a peace treaty, which was acknowledged as such in both the Argentine and the UK in their own archives, the Convention of Settlement, 1850. This is how legal scholars of the day and therefore nations viewed the effects of such a peace treaty to wit:
“LAWS OF WAR By H. W. HALLECK, 1866, CHAPTER XXXIV, TREATIES OF PEACE.
§ 12. Principle of uti possidetes. A treaty of peace leaves everything in the state in which it finds it, unless there be some express stipulations to the contrary. The existing state of possession is maintained, except so far as altered by the terms of the treaty. If nothing be said about the conquered country or places, they remain with the possessor, and his title cannot afterward be called in question. ... ...Treaties of peace, made by the competent authorities of such governments, are obligatory upon the whole nation, and, consequently, upon all succeeding governments, whatever may be their character”
Commenting for this story is now closed.
If you have a Facebook account, become a fan and comment on our Facebook Page!