Argentina Claims Falklands (again), page 7
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reply posted on 14-4-2007 @ 01:44 PM by Terapin
There are very significant differences in the examples you mentioned. If it will make you happy, I'll derail the thread for a moment and specifically comment on your requests.

If the UK has to give back the Falklands, then should White European Americans give back Northern America to the orginal tribes?
Can you demonstrate an established government that had control over the entire US, that was an internationally recognized nation? Some land claims made by native Americans are indeed being granted. Many tribes have a form of self rule within their tribal lands. With the Falklands, there were established borders that both Britain and Argentina agreed upon. Treaties were signed and Britain broke them by invading the Falklands. If the US can return land to native tribes, why can't Britain return land it aquired in violation of international law?

Should we give back Western Europe to the Romans?[
Is anyone making such a call to Romanise the continent? Togas are somewhat drafty, don't you think.

Should Arabs be force to give back land to Israel (seeing Israel does not have the same borders as in the OT)
There are some calling for just that, while others call for the elimination of Israel, which was partially created by the British. As you well know this entire area is under considerable dispute and the whole world is involved in trying to come up with some sort of solution. No one is ignoring the trouble in the Mid East.

Should Italy be forced to split and give back its land to the orginal countries of that area?

Is anyone making land claims to that effect? We could look at Cyprus and the dispute between Turkey and Greece, which isn't that far from Italy. When I lived in Italy, no one I ever spoke to was asking for the break up of the country.

Should the German federal government breakup Germany?
Is anyone asking for that to happen? When I was in Germany, everyone seemed to believe in a united Germany despite the difficulties of rejoining the nation after so many years apart. No one in Bavaria, where I lived, was seeking to separate from the rest of Germany. If Germany can be reunited, why not the Falklands and Argentina?

Should the Spanish government do the same with the Basque region and Catalona?
I spoke about the Basque region before. Somewhat like the Kurdish region in Iraq, the Basque country is an autonomous region within Spain. The Basque Nationalist Party still seeks to alter the Gernika Statute through the Ibarretxe Plan for greater independence. There is some historical merit in this plan. The case with Catalona is much the same and Spain can be argued to have a federal structure in practice.

Should Southern Western area of the United States be giving back to Mexico or should the nation of Aztlan be created?
Is anyone making such land claims? Were there not treaties and such signed establishing the borders? Many Mexicans live and work in the US and their economies are closely tied. Argentineans are not allowed to own property in, nor immigrate to, the Falklands due to British law. The same cannot be said about Mexico or other central and south American nations, in relation to the US.

Should Middle Eastern countries such as Iran and Iraq be forced to give back their land to the Persians and the nation of Persia be created again?

Britain created many of those borders after W.W.II and it has been a mess for a long time. Historically, those lands were under constant change and warfare between various tribes. Even the Mongols invaded the area. These conflicts persist and the borders do indeed change. It is quite possible that there will be new borders for Iraq in the not too distant future, and perhaps new independent states. While Britain decolonised many areas in the Mid East, they have yet to decolonise the Falklands.

Should the Australian government break up its commonwealth and give its land back to the native population? same with New Zealand.
If you read my post you will see where I discussed tribal rights and 6,000sq Km being returned. I don't know of any one calling for the break up of the Aussie commonwealth, nor was there an established nation there before current Australia was formed. Yes, I agree, it is horrible that tribal cultures around the globe seem to get the short end of the stick.

Should the United Kingdom be broken up and England, Scotland and Wales become countries again? plus the creation of a United Ireland?
There are some who call for independence in Ireland and Scotland. Due to the significant transplanted population, the vote will always go for a United Kingdom. If an internal government were to form, with the will of the people for independence, I believe the UK has signaled that it would willingly grant it in both the cases of Ireland and Scotland. Britain will not allow free immigration in the Falklands and has always stacked the deck by only allowing pro British immigrants.


In the case of the Falklands, we have two established nations. Britain recognized and supported the independent establishment of Argentina. They signed treaties and trade deals. They then, with force of arms, violated the national sovereignty of Argentina, and colonized the Falklands. International law, then and now, calls for the return of said land.

If you wish we can derail the thread and talk about other nations, there are many all across the globe, but this is a discussion specifically about Argentina's legal claim for the return of land that was illegally colonized. The examples you mentioned are for the most part quite dissimilar to the situation with the Falklands. Have you been able to refute the legal claim of ownership by Argentina? Have you been able to refute any of the evidence I presented demonstrating that Britain has indeed participated in hand back deals based on the Hong Kong model? Since Britain itself, has acknowledged the reality, that someday they must return the land, why do you deny it?


reply posted on 14-4-2007 @ 02:22 PM by Terapin
A) As I indicated my opinion that the Basque should be given more independence and the fact that this is a thread on the Falklands, I do not believe I am biased towards any particular nation or state. As I indicated, I am neither a British subject, nor Argentinean, and I have nothing to gain either way. This sites motto is Deny Ignorance. That is the aim here. Many in this thread have made false assumptions regarding the law, history, and even Britons position. My bias is towards the truth.

B) A colony is a territory under the immediate political control of a geographically distant state. A legally formed colony is when a settlement is established by a "parent" state, in uninhabited and unclaimed land. As the Falklands were previously claimed, inhabited, and that legal claim was recognized by Britain, their invasion and subsequent colonization, can only be considered illegal. Many colonies, throughout history, were oppressive colonies that were forced upon their inhabitants. Notice how many of them have been freed from colonization. This is why the UN has a special Committee on Decolonization. There is talk of a Moon colony or even a Mars colony in the future. As any colonization would be an international effort, and no one that we are aware of lives there, (unless you believe some on this site), it would most likely be considered a legal colony.

[edit on 14-4-2007 by Terapin]

[edit on 14-4-2007 by Terapin]



reply posted on 14-4-2007 @ 03:28 PM by Terapin
There is an interesting proposal regarding the 99 year plan that was created Héctor Carlos Martínez.

Part of it could be a certain period of joint Anglo-Argentine sovereignty with the islanders’ participation during which a gradual cession of sovereignty could be discussed, bearing the following conditions:
-At the end of the joint period any islander who would not want to live in the islands would be fully compensated by Argentina and relocated in England (if he or she so wished).
-The islanders would remain British citizens. Also, if they chose, they could have Argentine citizenship.
-The islanders’ descendants would have the right to British citizenship, say for 3 generations.
-Argentina would let the islanders choose their way of local government, keep their language and culture.
-The currency system would be dual sharing both British Pounds and Argentine Pesos.
-A joint Argentine-Falklander committee would be established, with offices both in Port Stanley and Buenos Aires, to manage matters of common interest like oil and fishing exploitation, ecology, tourism , cultural exchange, sports events, etc.
-The islanders would choose their own Senators to represent them in the Argentine Congress like any other Argentine province does.
-They would have their constitution and flag.
-The official name would be “Falkland Islands” in English and “Islas Malvinas” in Spanish.
-The defense of the islands would be done by NATO troops (no Argentine troops preferably to deflect any negative associations).
-Argentina would not levy any kind of taxes on the islands or the islanders beyond what is needed to mantain the islands infrastructure. In other words, no Falklands taxes going to mainland use.
-Argentina would provide massive investment on the islands in infrastructure, communications and health care among other things in order to upgrade the islanders’ quality of life while, at the same time, would not attempt to “colonize” the islands by settling thousands of Argentines. Integration would come gradually and slowly.

In summary, at the end of whatever period of either lease-back or joint sovereignty administration, the islands would become an associated province of Argentina with a special status guaranteeing the preservation of their culture and language, similar to what the province of Québéc has in Canada. Argentinians would be allowed to immigrate to the islands and own properety.

The Benefits of this for Britain would be a shedding of colonial image; saving hundreds of millions of dollars per year from the defense and sustain of the islands; an improved relationship with Argentina (England has invested around 3 billion dollars in Argentina in the recent years after the reconciliation started) which could lead to further concessions in bilateral and economical negotiations. There is also the possibility of a shared oil exploration and revenues in the future. Furthermore, she will have a very important ally and a “big door” to the Mercosur which is growing year after year and includes Brazil, Argentina, Uruguay, Venezuela, and Paraguay. Bolivia, Chile, Colombia, Ecuador and Peru have associate member status in Mercosur. There are many British descendants living in Argentina and this would bode well for international relations. Mercosur is an important market and having closer relations can only be good for the British.


[edit on 14-4-2007 by Terapin]


reply posted on 24-4-2007 @ 06:06 PM by Terapin
Originally posted by stumason


The Falklands aren't a colony.


This is an interesting statement both philosophically and legally. While I am neither British nor Argentinean, I understand why people on both sides of the issue feel the way they do. Queen and country, patriotism, national sovereignty, righteous indignation that someone else would try and lay claim to "their" land. That is also pretty much how the Argentineans feel. Nothing I, or anyone else in this forum sais, will have any impact on any eventual outcome for the Falklands. It will be generations, in my opinion, before any significant changes could occur, but the issue of whether or not the Falklands are a British colony is a valid question.

I believe that we can all agree that at the time of the initial British invasion seven generations ago, they were indeed colonized. Are they a colony today? Well, in the legal sense, yes. By definition, a colony is a territory under the immediate political control of a geographically-distant state. Colonies in the modern world very often use other nomenclature in their self description. In the modern world, the terms overseas territory, or dependent territory are preferred to the older term Colony, but the legal definition is the same.

Are then Falklands under British control??? Stu mentioned the local government and that is worth looking at. Generally colonies have a "governor" and a supporting counsel. This is not a hard rule, but it is quite the norm. Sometimes the governor was appointed from the home country, and other times he was locally appointed. The supporting counsel, likewise, could be appointed or even locally selected. Colonies that are mostly locally self governing, are not unheard of at all. This is the case in the Falklands. It is important to remember however, that the laws that declare who can, and cannot, legally live there, are British laws. Britain is the one negotiating with foreign nations regarding the territory. The recent resource exploitation treaty that Argentina walked away from was put forth by Britain and not the local Falklands counsel. Britain has negotiated with several other nations in treaties regarding the Falklands territory. Britain supports the islands financially and with the British Military. The Falklands are held to British laws. All local Falklands counsel decisions are subject to the approval of the British Secretary of State for Foreign Affairs. Yes, the Falklands, while having a local self rule, are indeed subject to the political control of a geographicaly distant state, Britain. Stu called them a "a self-governing dependency" which is legally the same thing as a colony. The UN lists the Falklands as a colony.

Some may believe that there are no more colonies in todays world, but while the name may have changed, their existence is still there. Here are a few other examples from Wikipedia:
• Gibraltar has been a colonial possession of the British since 1713. (The word "colony" is no longer used, however. The small minority of former British colonies still under British sovereignty are now termed Overseas Territories.)
• Puerto Rico's relationship to the United States is considered by some to be colonial, since citizens are subject to laws passed by Congress without their consent. This view is shared by many supporters of independence and statehood for the island, as well as by some supporters of current Commonwealth status. However, other Puerto Ricans do not agree with this perception. A change to the current commonwealth status was rejected in all three plebiscites in 1967, 1993, and 1998.
• Similarly, Guam's relationship to the United States is also considered by some to be colonial, as its citizens are also subject to the laws of Congress passed without their consent. Guam is formally known as an unincorporated territory.


[edit on 24-4-2007 by Terapin]
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