TABLE OF CONTENTS 2017-04-24T18:43:38+00:00


Chapter I

Papal bulls and discovery. British recognition of Spanish sovereignty .

A. Papal Bulls and the Tordesillas Treaty

B. Pascoe and Pepper acknowledge that England did not discover the Falklands/Malvinas

C. “Rival” names of the islands

D. Bilateral treaties prove that Britain recognised Spanish sovereignty over the region of the Falklands/Malvinas

a) The Treaty of Madrid of 1670

b) The 1713 Treaties of Madrid and Utrecht

c) A case of treaty application: Spain’s opposition to the British plan of visiting the Falklands/Malvinas in 1749

d) Pascoe and Pepper recognise that the Treaty of San Lorenzo del Escorial or Nootka Sound of 1790 was applicable to the Falklands/Malvinas

Chapter II

The first settlements on the islands. The 1771 Agreement and British abandonment. Spanish withdrawal after the beginning of Argentine process of independence


A. France, the first occupant

B. The clandestine presence of Great Britain

C. Spanish protests and France’s recognition of sovereignty.

D. The secret occupation of Port Egmont

E. The transfer of French occupation to Spain

F. The legal point of view

G. Spain evicts the English fort

H. Negotiations to avoid war

I. Britain’s secret promise to evacuate Port Egmont

J. London begins to gradually withdraw upon the restitution of fort Egmont

K. The British abandonment of Port Egmont in 1774 and the exclusive presence of Spain in the archipelago

L. The continuous and exclusive presence of Spain in the Falklands/Malvinas until 1811

M. The presence of British fishing boats and Spanish exercise of authority

N. The peace of Amiens and French attempts to return to the Falklands/Malvinas


Chapter III

Argentine succession to Spain’s rights (uti possidetis)


A. A widely recognised rule: uti possidetis iuris or the succession of States to territory.

B. Opposability of uti possidetis iuris to Great Britain

C. Who inherited the Falklands/Malvinas?

D. No Spanish cession was necessary


Chapter IV

Argentine administration, 1810-1833

A. The first Argentine administrative act concerning the Falklands/Malvinas five days after the constitution of the First Patriotic Government in 1810

B. Spanish withdrawal from the Falklands/Malvinas on February 13th, 1811

C. 1811-1820: Displays of Argentine sovereignty and the absence of any British claim

a) The conduct of British whale and seal hunters

b) General San Martín and the Falklands/Malvinas

c) The shipwreck of the “Isabella”

D. The official taking of possession of the islands by Argentina in 1820

E. Argentine acts of sovereignty prior to the creation of the Civil and Military Commandment of the Malvinas in 1829

a) Cattle, land and fishing concessions in the Falklands/Malvinas

b) The British Consul certifies an act regarding the exercise of Argentine sovereignty over the Falklands/Malvinas

c) Pablo Areguatí’s appointment as Commander of the Falklands/Malvinas

d) Argentina and the protection of marine life in the South Atlantic

e) The establishment of Argentine-British diplomatic relations and the Treaty of 1825

f) The new Argentine concessions to Luis Vernet in the Falkland/Malvinas Islands

g) The creation of the Political and Military Command of the Malvinas Islands and Adjacencies

F. The argument of an alleged British authorization for Vernet’s settlement and Vernet’s supposed British “preference”

G. The British protest of November 19th, 1829

H. The capture of American ships and the “Lexington´s" attack on Puerto Soledad

I. The appointment of an interim civilian and military Commander in 1832

J. The British protest of 1832

K. The forcible expulsion of January 3rd, 1833

L. The expulsion of civilians by the British authorities

M. The British usurpation of 1833 was in breach of international law

Chapter V

The situation after Britain’s ousting of Argentina in 1833


A. The absence of a trial for Gaucho Antonio Rivero

B. The establishment of the British Colony in 1843

C. Argentine protests, 1833-1849

a) Exchanges between Moreno and Palmerston in 1849

D. The Arana-Southern Convention of November 24th, 1849

E. The British pamphlet fails to mention Rosas’ address to the Legislature in December 1849

F. The lack of importance of the authors cited in the British pamphlet

G. The implications of a “Peace Treaty”

H. Status of the Falklands/Malvinas issue between 1850 and 1884

a) Constitutional texts

b) The incident with the American ship “Germantown” in 1854

c) The 1856 Argentine-Chilean Treaty

d) Diplomatic discussions regarding Welsh immigration to Patagonia

e) Protests before the United States for the Lexington Incident

f) Interpretation of the islands clause of the 1881 Boundary treaty between Argentina and Chile

I. Argentina’s supposed acquiescence compared to Britain’s attitude

J. The non-argument of acquisitive prescription

K. Consulates and the Spanish scientific expedition

L. Maps

M. Argentine proposals for arbitration and British refusals

N. Argentina’s consistent conduct between 1888 and 1941

O. The irrelevant reference to the “Desert Campaign”

P. The South Georgia and South Sandwich Islands

Q. The 1955 British application to the ICJ in the Antarctica cases


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