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Vol 23 No 5 May/June 2018

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The Falklands/Malvinas Case

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ISBN13: 9789041115348
ISBN: 904111534X
Published: February 2001
Publisher: Brill Academic Publishers
Format: Hardback
Price: £144.00

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The dispute over the South Atlantic islands that Britain calls the Falklands and Argentina claims as the Islas Malvinas has its own unique features, but the legal and political problems at its centre - the tension between sovereignty based on prior title, the principle of territorial integrity, and the right of ""a people"" to self-determinationare, are core issues in many of the other difficult conflicts that beset our rapidly changing world.;This book presents a comprehensive analysis of the Falklands/Malvinas dispute and offers concrete suggestions for a new approach to its resolution. The author reviews the long and complex legal history of the islands, from the papal bulls of the 15th century and the diplomatic maneuverings of the European colonial powers to the break-up of empires and the evolution of the concept of self-determination. He also describes more recent developments in detail: the role of the United Nations, the failed negotiations that preceded military conflict in 1982, and the profound changes that have occurred in the islands since then. The Falklands War did not resolve the dispute between Britain and Argentina; after a period of stalemate, new initiatives are emerging and new proposals are being offered.;The author argues that the opportunity now exists for all three parties - Argentina, Britain, and the islanders - to get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of all concerned. This book makes an important contribution not only to the ongoing debate on the fate of the Falklands/Malvinas, but also to the field of international law and conflict resolution.

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Preface and Acknowledgments. Introduction.
1. The Falkland Islands (Malvinas).
2 Historical Background.
3. Legal Claims Based on Sovereignty.
4. Self-Determination.
5. Anglo-Argentine Negotiations.
6. Postwar Developments.
7. A New Framework to Resolve the Dispute. Notes. Bibliography. Index.