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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Chuka Umunna calls for "solidarity" among Labour MPs, whoever is voted leader

The full text of shadow business secretary Chuka Umunna's speech to Policy Network on election-winning ideas for Labour's future, and the weaknesses of the New Labour project.

There has never been an easy time to be a social democrat (or “democratic socialist” as we sometimes call ourselves in Britain). Whereas the right can demonise the poor and extol the virtues of the market, and the hard left can demonise the market and extol the role of the state, our position of constraining the domination of markets and reforming the state is, by definition, more complex.

It is nonetheless the case that social democracy has a historic responsibility, in every generation, to renew democracy and preserve a civic culture. This is achieved not through soundbites and slogans, but through the hard-headed development of a progressive politics that reconciles liberty and democracy, new comers and locals to our communities, business and workers, in a common life that preserves security, prosperity and peace.  This historic mission is all the more urgent now and my determination that we succeed has grown not weakened since our election defeat last May.

But, in order to be heard, it is necessary to make balanced and reasonable argument that both animates and inspires our movement, and which is popular and plausible with the people.  The first is pre-requisite to the second; and there is no choice to be made between your party’s fundamental principles and electability. They are mutually dependent - you cannot do one without the other.

We are in the midst of choosing a new leader and it is clear to anyone who has watched the UK Labour Party leadership election this summer that amongst a significant number there is a profound rage against Third Way politics – as pursued by the likes of Bill Clinton, Tony Blair, Gerhard Schröder and others - as a rejection of our fundamental values.

In the UK there is a view that New Labour accepted an uncritical accommodation with global capital that widened inequality, weakened organised labour and we were too close to the US Republicans and too far from the European left.

I do not believe this is fair, not least because we rescued many of our public services from the scrap heap when we came to office in 1997 and there were very significant achievements  we should celebrate.  New Labour renewed our National Health Service in a fundamental way; we built new schools and improved existing ones; we set up new children’s centres all over the country; we brought in a National Minimum Wage; we worked with others to bring peace to Northern Ireland; we introduced civil partnerships.  Just some of our achievements.

However, though we may take issue with the critique, I do not think we can simply dismiss out of hand those who hold critical views of New Labour. Like any government, the New Labour administration made mistakes - it could and should have achieved more, and done more to challenge the Right’s assumptions about the world. In the end, it is not unreasonable to be ambitious for what your party in government can achieve in building greater equality, liberty, democracy and sustainability. It is far better we acknowledge, not reject, this ambition for a better world, as we seek to forge a new politics of the common good fit for the future.

Realising our values in office has been disrupted by globalisation and the surge of technological forces that are displacing and reshaping industry after industry.

Some argue that globalisation as an ideological construct of the right. But we must recognise that we live in an increasingly integrated world in which markets have led to an unprecedented participation of excluded people in prosperity, a rise in living standards for hundreds of millions  of people and a literacy unprecedented in human history – this is particularly so in emerging economies like my father’s native Nigeria. And the internet has led to a level of accountability that has disturbed elites.

Yet, this has been combined with a concentration of ownership that needs to be challenged, of a subordination of politics that requires creative rather than reactive thinking, and these global forces have exacerbated inequalities as well as helped reduce poverty.

So it is important that we understand the sheer scale and impact of new technologies. At the moment we are engaged in a debate about Uber and its threat to one of the last vestiges of vocational labour markets left in London, those of the black taxi cabs and their attainment of 'The Knowledge'. But the reality is that within the next decade there will be the emergence of driverless cars so we have to intensify our exploration of how to support people in a knowledge economy and the realities of lifelong learning, as well as lifelong teaching. As people live longer we will have to think about how to engage them constructively in work and teaching in new ways.

Once again, I'm addressing all of this, Social Democracy requires a balanced view that domesticates the destructive energy of capital while recognising its creative energy, that recognises the need for new skills rather than simply the protection of old ones. A Social Democracy that recognises that internationalism requires co-operation between states and not a zero sum game that protectionism would encourage.

Above all, Social Democratic politics must recognise the importance of place, of the resources to be found in the local through which the pressures of globalisation can be mediated and shaped. Our job is to shape the future and neither to accept it as a passive fate nor to indulge the fantasy that we can dominate it but to work with the grain of change in order to renew our tradition, recognising the creativity of the workforce, the benefits of democracy and the importance of building a common life.  Sources of value are to be found in local traditions and institutions.

This also requires a recognition that though demonstration and protest are important,; but relationships and conversations are a far more effective way of building a movement for political change.

One of the huge weaknesses of New Labour was in its reliance on mobilisation from the centre rather than organising. It therefore allowed itself to be characterised as an elite project with wide popular support but it did not build a base for its support within the party across the country, and it did not develop leaders from the communities it represented. It was strong on policy but weak on strengthening democratic politics, particularly Labour politics.

Over half a million people are now members, supporters or affiliated supporters of our party, with hundreds of thousands joining in the last few weeks. Some have joined in order to thwart the pursuit of Labour values but many more have joined to further the pursuit of those values, including lots of young people. At a time when so many are walking away from centre left parties across the Western world and many young people do not vote let alone join a party, this is surely something to celebrate.

So it is vital that we now embrace our new joiners and harness the energy they can bring to renewing Labour’s connection with the people. First, we must help as many them as possible to become doorstep activists for our politics. Second, I have long argued UK Labour should campaign and organise not only to win elections but to affect tangible change through local community campaigns. We brought Arnie Graf, the Chicago community organiser who mentored President Obama in his early years, over from the U.S. to help teach us how to community organise more effectively. We should bring Arnie back over to finish the job and help empower our new joiners to be the change they want to see in every community – we need to build on the links they have with local groups and organisations.

I mentioned at the beginning that in every generation Social Democracy is besieged from left and right but the achievements of each generation are defined by the strength of a complex political tradition that strengthens solidarity through protecting democracy and liberty, a role for the state and the market and seeks to shape the future through an inclusive politics. Solidarity is key which is why we must accept the result of our contest when it comes and support our new leader in developing an agenda that can return Labour to office.

Yes, these are troubled times for social democrats. All over Europe there is a sense among our traditional voters that we are remote and do not share their concerns or represent their interests or values.  There is surge of support for populist right wing parties from Denmark to France, of more left wing parties in Greece and Spain and in Britain too. There is renewal of imperial politics in Russia, the murderous and abhorrent regime of ISIL in the Middle East, volatility in the Chinese economy and in Europe a flow of immigration that causes fear and anxiety.

But, the task of Social Democracy in our time is to fashion a politics of hope that can bring together divided populations around justice, peace and prosperity so that we can govern ourselves democratically. We have seen worse than this and weathered the storm. I am looking forward, with great optimism to be being part of a generation that renews our relevance and popularity in the years to come.

Chuka Umunna is the shadow business secretary and the Labour MP for Streatham.