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Old 03-20-2012, 03:35 PM
Kupsised Kupsised is offline
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From a realistic perspective the argument over who should have control over the Falkland Islands is pretty simply solved by international law. Under the UN Charter all peoples have a right to self determination, whatever that may be (meaning it doesn't matter if it's independence, assimilation or anything in between). The people on the Falkland Islands have selfly determined that they wish to remain a protectorate of the United Kingdom and, thus, legally that's what they are, end of.

The Argentinian argument against this is based around territorial integrity, but this doesn't really stand as it's debatable whether the islands were ever part of Argentina in the first place, whether it was in Spains powers to give the islands to the Argentinians or whether the British stole the islands or merely took what was not being used. Since this isn't clear and it's not like we can call witnesses from the time in order to testify, logically the only legal basis to consider is that of self determination. The argument that the Falkland Islands are closer to Argentina is just rubbish because 'it's closer to us than them' doesn't stand up against codified international law. That's like taking your neighbours car because he parked it closer to your house than his, it just wouldn't stand up in a court of law.

Of course there is a whole argument that the British placed what are now the Falklanders there, but that doesn't matter. They are not only the dominant party on the island, they are more or less the only party on the island. That is maybe a matter of ethical behaviour, but it is not a matter of law.

I'm seriously surprised I don't see the UN Charter cited in the news more often, or even from anyone arguing the British point of view. It is essetially the most important form of international law and it comes down pretty heavily in the favour of the Falklands remaining British as long as they want to.

EDIT: It's worth pointing out that I don't support either the British or the Argentine side in the argument, that's just as far as the problem goes in a purely legal context. Of course, we all know international law isn't always followed...

Last edited by Kupsised; 03-20-2012 at 03:40 PM.
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