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Old 4th Apr 2012, 06:59
  #804 (permalink)  
Whenurhappy
 
Join Date: Sep 2007
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I've posted a legal determination on the FI before, but can't find it. but here's the Time line - not from Wikipedia but from the rather more authoratiative Malcolm Shaw 'International law' 5 edn 2003 pp 452-453:

1592: Discovered uninhabited by English Sea Captain (successor state United Kingdon of Great Britain & Northern Ireland).
1764: Kingdom of France estatblished a settlement on East Falkland (sucessor state Republic of France).
1765: 'Britain' established settlement on West Falkland.
1767: France sold their settlement to the Kingdom of Spain
1770: British settlement conquered by Spain.
1771: Settlement return to English (UK) control.
1774: Settlement abandoned on economic grounds but left plaque asserting sovereignty.
1811: Spaniards left.
1816: United Provinces of River Plate (sucessor state Argentina) declared independence from Spain.
1820: Argentina took 'formal possession' of the Falkland Islands.
1829: Britain protested to Argentina.
1831: US warship evicted Aregentinian settlers (in response to treatment of US citizens elsewhere).
1833: Britain recaptured the islands.
1982: Argentiana retook the islands and evicted 8 weeks later.
1982: UNSCR 502 called for immediate withdrawal of Argentine Forces and sought to restore status quo ante, based on the principle of the 'inherent Right of Self Defence', even if the 'possession of the Terrirtory is subject to controversy'.

The conquest formed the original basis of the title, irrespective of the British employment of other principles (eg 1930s prescription as the basis of the title, rather than conquest and annexation; principle of self-determination 1980s et seq. This, coupled with the widespread recognition by the IC, including the UNSCR, of the status of the territory as a British Overseas Terriroty, resolves the issue.

Last edited by Whenurhappy; 4th Apr 2012 at 07:28.
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