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The British title to sovereignty in the Falkland Islands Dependencies

Published online by Cambridge University Press:  27 October 2009

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Extract

In an attempt to settle the dispute between the United Kingdom, Argentina and Chile over sovereignty in the Falkland Islands Dependencies, the United Kingdom made unilateral Applications to the International Court of Justice at The Hague on 4 May 1955. The Applications set out the British title, and asked the Court to declare that the Argentine and Chilean encroachments in British Antarctic territory were illegal and invalid under international law.

Both the Argentine and Chilean Governments refused to accept the jurisdiction of the Court.* The United Kingdom Government subsequently expressed its regret at these refusals, and placed on record the fact that it had now taken every step open to it to bring about a peaceful and amicable determination of this question of sovereignty in accordance with the letter and spirit of the Charter of the United Nations. On 18 March 1956 the International Court announced that since neither Argentina nor Chile was prepared to accept the Court's jurisdiction, both cases had been removed from its list.

Type
Articles
Information
Polar Record , Volume 8 , Issue 53 , May 1956 , pp. 125 - 151
Copyright
Copyright © Cambridge University Press 1956

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References

* For the texts of their letters see the Polar Record, Vol. 8, No. 52, 1956, p. 48–56.—Ed.

1 It results from the present Application that the United Kingdom Government accepts the jurisdiction of the Court in respect of the questions hereby submitted to it, and in particular that of the title to sovereignty over the islands and lands of the Falkland Islands Dependencies. The present Application does not constitute a submission to the jurisdiction of the Court in any other respect, or as regards the title to sovereignty over any territory outside the Dependencies.

2 It will be understood that although, for reason of convenience, the territories to which the present Application relates were constituted Dependencies of the Falkland Islands for administrative purposes, the British title to them is a separate and independent one, which in no way derives from or depends on the title to the Falkland Islands themselves.

3 The description of the origin of the British titles and of their subsequent consolidation by occupation, usage, administration and other means appropriate to the circumstances of the territories, as contained in paragraphs 6–25 and 30–31 hereof, are substantially identical with the corresponding passages in the Application which the United Kingdom Government is making concurrently with the present one, complaining of violations of its sovereignty over the same area, on the part of the Republic of Chile.

4 As regards the nature of the connection between the Falkland Islands and the Dependencies, see footnote2 to paragraph 2 above.

5 Reference is again made to footnote2 to paragraph 2.

6 Coats Land (see paragraphs 14 and 15 above) is also not discussed here in any further detail, only very recent Argentine action having brought this territory into question (see paragraph 4 above).

7 It seems clear in fact that Argentine interest at that date hardly extended beyond the South Orkneys, where the Argentine meteorological station was situated.

8 It will be observed that both these States had now started to lay claim to the same British territories (see separate Application respecting Chile)—a circumstance that can hardly fail to reflect adversely both on the motives and the validity of both sets of claims.

9 Headquarters of British Magistrates, 1910–30.

10 Built and occupied by the British Graham Land Expedition, 1936–7.

11 As has already been mentioned (paragraphs 3 and 26–28 above), Argentina has made a paper claim to all the territories comprised in the Falkland Islands Dependencies. She has not, however, attempted to assert this claim in any overt way with reference to the South Sandwich Islands or South Georgia. These territories are not therefore further mentioned herein, except in the Conclusions.

12 The territories concerned were barely discovered in Spain's day, and then not by Spain (see paragraphs 6–11 above). They were never part of any Spanish dominion.

13 The United Kingdom Government are still engaged in investigating the most recent Argentine encroachment at Vahsel Bay in Coats Land (see paragraphs 4, 14 and 15 above) where an Argentine post may have been established.

14 Forcible action had in fact to be taken in one case (namely at Deception Island in February 1953), when a particularly flagrant attempt was made to erect an Argentine hut actually within the precincts of the existing (and occupied) British base on that island.

15 This can only increase the dubious character of the Argentine pretensions, since the Argentine and Chilean claims conflict over the most important part of the ground. Both could not be valid even if either were.

16 While the present Application is of course, formally, quite separate from the concurrent Application in respect of Chile, the fact that there are also Chilean pretensions relating to the South Shetlands-Graham Land area, and of equally or even more recent date, has a significance that cannot be overlooked. It is a clear case of two rival and incompatible attempts to oust and usurp the legitimate sovereignty of the United Kingdom.