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Introduction Chapter 1 NOTES Introduction 1. Throughout this book the islands in question will be referred to as "'the Falkland Islands (Malvinas)," following the practice adopted in 1964 by the U.N. Special Committee on the situation with regard to the implementation of the Declaration on the Granting oflndependence to Colonial Countries and Peoples (see 19 U.N. GAOR Annex 8 (Agenda Item 21, addendum item part 1), at 439, U.N. Doc. A/5800/Rev. 1 (1964- 65))-or as "the Falklands/Malvinas," for short. Places in the islands will be referred to according to the names given by those living in the islands. Chapter 1 I. Falkland Islands Letters of Patent of July 21, 1908 (1912), 101 British and Foreign State Paper.1· (hereinafter cited as B.F.S.P.), 76 (1907-08) 2. B.F.S.P., supra note 1, amended by the Letters of Patent of March 28. 1917 (1912), 111B.F.S.P.16 (1917-18). 3. British Antarctic Order in Council, 1962. issued February 26, 1962. 1962 S.I. No. 400. See also "British Antarctic Territory/Report for the Years 1961 to 3 March 1967" (London, 1967). 4. For text of the Antarctic Treaty, see A.J.l.L. 54 ( 1960). at 476. Article 4 reads in part: "No acts or activities taking place while the present treaty is in force shall constitute a basis for asse11ing, supporting or denying a claim to territorial sovereignty in Antarctica or create any rights of sovereignty in Antarctica. No new claim, or enlargement of an existing claim, to territorial sovereignty in Antarctica shall be asserted while the present treaty is in force." 5. The Falkland Islands (Malvinas) has been the central dispute between Britain and Argentina. Britain offered in 1947 to submit the dispute concerning the so-called Falkland Islands Dependencies (which included the Antarctic territory also in dispute at the time) to judicial settlement by the International Court of Justice (ICJ ). but Argentina (and Chile, which also had competing claims to the Antarctic area) refused to accept. On May 4, 1955, Britain submitted a unilateral application instituting proceedings before the ICJ against Argentina and Chile. The application was rejected on grounds that neither Argentina nor Chile were subject to compulsory jurisdiction. See 1955-1956 l.C.J. Y .B. 77-78 ( 1956). On the legal claims by Britain and Argentina to South Georgia and South Sandwich. see Ferrer Vieyra, Las Islas Malvina.1· y el Derecho /11tenwti01wl (Buenos Aires, 1984) (hereinafter cited as Ferrer Vieyra 1984 ), Ch. 5: Waldock, "Disputed Sovereignty in the Falkland Dependencies," I 948 British Y.B. <>( /11ternllfio11al Law (hereinafter cited as Waldock), at 311; Hope, "Sovereignty and Decolonization of the Malvinas (Falkland) Islands," Bo.1·to11 College International and Comparatii·e Llfw Rei·iew 6 ( 1983) (hereinafter cited as Hope), at 394-97: R. Perl, The Falklallll /sla11ds Dispute in International LJ.1w and Politics (1983) (hereinafter cited as Perl), at 8-12. On the relation between the Falkland Islands (Malvinas) and Antarctica. see Beck. Looking at the Falkland Islands from Antarctirn: The Broader Regional Perspectii•e. 30 Polar Roberto C. Laver - 9789004478442 Downloaded from Brill.com10/05/2021 04:23:03PM via free access 236 I Breaking the Deadlock Record (174) (1994) at 167-180. Though not dealing with the legal claims to South Georgia and the South Sandwich Islands, this book approaches these territories as integral part of the problem to be solved by the parties through negotiations. In 1965 the United Nations accepted that negotiations over sovereignty between Britain and Argentina extended not only to the Falkland Islands (Malvinas) but also the South Georgia and South Sandwich Islands. Further, Britain and Argentina included such territories in their negotiations before the 1982 military conflict (see Chapter 5). The inclusion of these territories as part of the Falkland Islands (Malvinas) "problem" presents challenges but also opportunities in the search for a peaceful solution to the Anglo-Argentine dispute. 6. See Chapter 3. 7. United Nations General Assembly, Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, Falkland Islands (Malvinas ), working paper prepared by the Secretariat, U.N. Doc. NAC.109/2105, at 3. See also British Foreign and Commonwealth Office, ''Falkland Islands (Malvinas) Report 179. August 1986 (NAC.109/878)" (hereinafter cited as "British Report 1986"), at I. 8. South Georgia, an island of 3,592 square kilometers, is situated about 1.300 kilometers east-southeast of the Falkland Islands (Malvinas) group, and the South Sandwich Islands. covering an area of 311 square kilometers, lie about 750 kilometers east-southeast of South Georgia. "British Report 1986," supra note 7, para. I. Neither has an indigenous or permanent population. 9. Strange, The Falkland Islands (1972) (hereinafter cited as Strange) at 33. 10. Id. 11. Officer of the Geographer, "U.S. Dept. of State Geographical Fact Sheet on the Falkland Islands (Malvinas)," 1982 (hereinafter cited as "Geographical Fact Sheet"). In total the Falkland Islands (4.700 square miles) are a little smaller than the state of Connecticut (5,900 square miles). 12. See Strange, supra note 9. for a description of the islands' topographical features and climatic conditions; see also Davis, The Grassland.1· of the Falk/and Islands (1939). 13. See http://www.fco.gov.uk/news/keythemepage.asp? 113. For details on demographic composition. see Conrado Etchebarne Bullrich. Falklands or Malvina.I'? (2000) at 124- 127 (hereinafter cited as Bullrich). The full text of this book may be found at http:/www .americanos.org/ful ltext.htm. 14. See http://www.falklands.gov.fk/4.htm. 15. "Ordinance of the Colony of the Falkland Islands 1915." in The law.1· Of The Falklands (revised in 1951 ). 16. Bullrich. supra note 13, at 125-126. As of this writing. the estimated population exceeds this number. 17. A detailed outline of the new constitutional provisions is set out in British Foreign and Commonwealth Office, "Falkland Islands (Malvinas) Report (A/AC !09/835)," para. 4-39 (hereinafter cited as "British Report 1985"). 18. "South Atlantic Territories: The Falkland Islands Constitution Order, 1985" Roberto C. Laver - 9789004478442 Downloaded from Brill.com10/05/2021 04:23:03PM via free access Notes I 237 (Statutory Instruments 1985/444). 19. U.N. Doc. A/AC,109/2105, at 3. 20. "South Atlantic Territories: The South Georgia and South Sandwich Islands Order, 1985" (Statutory Instruments 1985/449), cited in "British Report 1986," supra note 7, at para. 5. 21. Statement by the Secretary of State for Foreign and Commonwealth Affairs, in Parliamenwry Debates. Commons, 14 March 1985, 492-494. 22. Sir Geoffrey Howe speaking in the House of Commons, Parliamentary Debates. 14 March 1985, col. 492; see "British Repmt 1985," supra note 17. 23. The Parliamentarian. July 1985, LXVI No. 3, Blake at 110. 24. Elections were held on October 9, 1997. Fourteen candidates stood for the eight seats: five from the Camp and nine from Stanley. Three new councilors were voted and five were reelected to the new council. Jan Cheek, Lewis Clifton. and Richard Cockwell are the new ones, and John Birmingham, Norma Edwards. Sharon Halford. Bill Luxton, and Mike Summers are the reelected ones. Falkland Focus. Number 63 (December 1997) at http://www.falklands.gov .fk/9d.htm. 25. The first executive and legislative councils were set up in 1845. Members of both councils were appointed by the governor until 1949. In 1949 popular elections were introduced for four of the twelve seats on the Legislative Council. In 1964, the size of the Legislative Council was reduced to eight, half of the members being elected. In 1977, an amendment was passed providing that the Executive Council would consist of two elected and two ex <>tficio members of the Legislative Council and two nominated members. The Legislative Council would consist of two ex <~tflcio and six elected members. 26. S.I. 1985/445. 27. "Falklands Islands Economic Survey 1982" (London. H.M. Stationery Office. September 1982. 8653) (hereinafter cited as the "l 982 Shackelton Report"). 28. The dominant role of the FIC in the economy of the islands has been pervasive for most of the life of the British colony. Newsweek. in its issue of May 3, 1982. at 68, styled the Falkland Islands Company as a "privately owned monopoly enforced by the British Government." At that time it owned 43 percent of the land, an equivalent proportion of the sheep. warehouses. and ships, and employed 80 percent of non-government employees in the islands. It was the sole agent for sale of the wool crop-hence the territory's development has paralleled the growth of "the Company." For details about FlC' s current operations, see http://www.the-falkland-islands-co.com. 29. Strange. supra note 9. chs. 7 and 8. 30. Id., ch. 8. 31. See http://falklands.gov.fk/lOb.htm. 32. "Geographical Fact Sheet," supra note 11. at 4. It requires approximately four acres to support one animal. In 1983/84 the total number of sheep was estimated to be 679.000. Currently it is estimated to be 712,650. Source: http://falklands.gov.fk/lOb.htm. 33. British Foreign and Commonwealth Office, "Falklands Islands (Malvinas) Report. August 1983 (A/AC 1091752)" (hereinafter cited as "British Report 1983"). para. 65. Roberto C. Laver - 9789004478442 Downloaded from Brill.com10/05/2021 04:23:03PM via free access 238 I Breaking the Deadlock 34. Id .• para. 52. 35. For an abstract of the estimated revenue and expenditure for the Falkland Islands government for the 1998-99 financial year, see http://www.falkland.islands.gov.fk/7.htm.
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