Why Britain is in the wrong over the Falklands

The UK has no legal right to the islands and only defends them to exploit oil and gas reserves.

A few years ago, the Chief of Naval Staff, Admiral Mark Stanhope, informed Chatham House that Britain's role in the world is "wielding a big stick" to "compel others to act in a desired manner." In February, Argentina's Foreign Minister Hector Timerman approached the United Nations to complain about the UK's deployment of a nuclear-armed submarine (of the Vanguard class) in the South Atlantic.

The move was confirmed by the Daily Mail and by the BBC. The latter acknowledged that "The Latin America and the Caribbean region is designated a nuclear-free zone under a treaty signed in the 1960s." The deployment of nuclear weapons in response to Argentina's peaceful efforts to resolve the Falklands/Malvinas issue is not only a grave violation of Chapter 1 Article 2(4) of the UN Charter (which prohibits the threat of force), but a particularly egregious example of "wielding the big stick."

Imagine the boot on the other foot. Imagine if Argentina had occupied the Shetland Islands in the 1800s, expelling the inhabitants. Despite Britain's efforts to resolve the issue peacefully in accordance with various UN Resolutions calling for decolonisation, Argentina continues the occupation and expands fishing and oil drilling into UK territorial waters. Under a military junta, Britain invades the Shetlands, and in doing so is threatened with a nuclear attack.

This is what happened in 1982, with the balance of power reversed. Retired Admiral Richard Heaslip was quoted as saying that "The Argentines had a good navy in 1982. But after we got a nuclear submarine down there they went back to port and never dared venture out." As the vessels were retreating, British missiles sank the Belgrano, thereby escalating the war. Foreign Office records also reveal that the Thatcher government vetoed a Security Council Resolution calling for a ceasefire.

The Law

The Falklands/Malvinas were terra nullius when the French colonised the islands in the 18th century. They were then sold to Spain, a transfer of sovereignty which Britain recognised. However, upon decolonisation and under the principle of uti possidetis, sovereignty should have been transferred to Argentina, which declared independence in 1816. In 1833, Britain expelled the islands' inhabitants. Argentina's Foreign Minister Don Manuel Moreno was told by Prime Minister Palmerston that Argentina "could not reasonably have anticipated that the British Government would permit any other state to exercise a right as derived from Spain which Great Britain had denied to Spain itself."

Writing in the Yale Law Journal, W Michael Reisman affirmed that "Upon acquiring independence, a former colony", i.e. Argentina, "ordinarily inherits all the territory of that colony. This principle, enshrined in Latin America and, a century later, in Africa, would certainly appear to apply to the Falklands [Malvinas]." For Britons, the legal status of the islands is an open-and-shut case: Britain has no legal right to the islands. This has been reiterated at the General Assembly.

General Assembly Resolution 2065 (XX), adopted on 16 December 1965, "Consider[ed] ... the cherished aim of bringing to an end everywhere colonialism in all its forms, one of which covers the Falkland Islands (Malvinas)." The Resolution left it to Argentina and Britain to negotiate the issue using bilateral diplomacy. Britain violated this aspect of the Resolution. As a result, in December 1973, General Assembly Resolution 3160 (XXVIII) "Express[ed] its gratitude for the continuous efforts made by the Government of Argentina ... to facilitate the process of decolonization and to promote the well-being of the population of the island." The Resolution also "Urge[d] the Governments of Argentina [and the UK] ...to put an end to the colonial situation."

Oil, Gas, and Fish

Successive British governments have not only consistently violated the Resolution, but the Chatham House journal International Affairs - like the General Assembly - acknowledged Argentina's peaceful efforts to resolve the issue (except, of course, the 1982 War, for which the previous government has apologised). Guillermo A Makin's paper in the journal recognised that "the use of force has not been a permanent feature of the approach of the various very different Argentine political regimes to the [Malvinas] dispute."

Likewise, recent House of Commons papers note that "The catalyst for the renewed Argentinean sovereignty campaign is believed to have arisen as a result of the Falklands decision in 2005 to grant fishing concessions around the Islands over a 25-year period, rather than by annual renewal," recalling the events of 1986, when the Falkland Islanders unilaterally declared 150 nautical miles of fishing rights. [PDF]

The main issue, of course, is energy. North Sea-size fields were discovered in the 1970s following a UNESCO-sponsored expedition. In 2010, the Wall Street Journal explained that "The Falklands government only takes a 26 per cent share of oil earnings in addition to a 9 per cent royalty on each barrel of oil sold, making it one of the most favourable areas in the world for exploration." A few years ago, the "British firm Rockhopper Exploration discovered a massive natural gas deposit - one that could be as big as 7.9 trillion cubic feet," Money Week reported.

"By 2029 there is expected to be a considerable increase in demand for energy. In particular gas will be of increasing importance as states struggle to maintain energy supplies," the Ministry of Defence explained [PDF]. "Many boundary disputes, such as those in the Arctic, Gulf of Guinea and the South Atlantic will become inextricably linked to the securing of energy supplies." Does anyone seriously think that were it not for the oil and gas, 1,400 soldiers (around one per islander) would be deployed at a cost of £40 million a year to defend a bunch of rocks that few Britons could find on a map?

TJ Coles is a PhD candidate at Plymouth University

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The UK must reflect on its own role in stoking tension over North Korea

World powers should follow the conciliatory approach of South Korea, not its tempestuous neighbour. 

South Korea’s president Moon Jae-in has done something which took enormous bravery. As US and North Korean leaders rattle their respective nuclear sabres at one another, Jae-in called for negotiations and a peaceful resolution, rejecting the kind of nationalist and populist response preferred by Trump and Kim Jong-un.

In making this call, Jae-in has chosen the path of most resistance. It is always much easier to call for one party in a conflict to do X or Y than to sit round a table and thrash through the issues at hand. So far the British response has sided largely with the former approach: Theresa May has called on China to clean up the mess while the foreign secretary Boris Johnson has slammed North Korea as “reckless”.

China undoubtedly has a crucial role to play in any solution to the North and South Korean conflict, and addressing the mounting tensions between Pyongyang and Washington but China cannot do it alone. And whilst North Korea’s actions throughout this crisis have indeed been reckless and hugely provocative, the fact that the US has flown nuclear capable bombers close to the North Korean border must also be condemned. We should also acknowledge and reflect on the UK’s own role in stoking the fires of tension: last year the British government sent four Typhoon fighter jets to take part in joint military exercises in the East and South China seas with Japan. On the scale of provocation, that has to rate pretty highly too.

Without being prepared to roll up our sleeves and get involved in complex multilateral negotiations there will never be an end to these international crises. No longer can the US, Britain, France, and Russia attempt to play world police, carving up nations and creating deals behind closed doors as they please. That might have worked in the Cold War era but it’s anachronistic and ineffective now. Any 21st century foreign policy has to take account of all the actors and interests involved.

Our first priority must be to defuse tension. I urge PM May to pledge that she will not send British armed forces to the region, a move that will only inflame relations. We also need to see her use her influence to press both Trump and Jong-un to stop throwing insults at one another across the Pacific Ocean, heightening tensions on both sides.

For this to happen they will both need to see that serious action - as opposed to just words - is being taken by the international community to reach a peaceful solution. Britain can play a major role in achieving this. As a member of the UN Security Council, it can use its position to push for the recommencing of the six party nuclear disarmament talks involving North and South Korea, the US, China, Russia, and Japan. We must also show moral and practical leadership by signing up to and working to enforce the new UN ban on nuclear weapons, ratified on 7 July this year and voted for by 122 nations, and that has to involve putting our own house in order by committing to the decommissioning of Trident whilst making plans now for a post-Trident defence policy. It’s impossible to argue for world peace sat on top of a pile of nuclear weapons. And we need to talk to activists in North and South Korea and the US who are trying to find a peaceful solution to the current conflict and work with them to achieve that goal.

Just as those who lived through the second half of the 20th century grew accustomed to the threat of a nuclear war between the US and Russia, so those of us living in the 21st know that a nuclear strike from the US, North Korea, Iran, or Russia can never be ruled out. If we want to move away from these cyclical crises we have to think and act differently. President Jae-in’s leadership needs to be now be followed by others in the international community. Failure to do so will leave us trapped, subject to repeating crises that leave us vulnerable to all-out nuclear war: a future that is possible and frightening in equal measure.

Caroline Lucas is the MP for Brighton Pavilion.