Falkland Islands sovereignty dispute: Difference between revisions - Wikipedia


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[[Image:Jewett .Col.D.contemporary.jpeg|upright|thumb|American privateer, Colonel Jewett]]

Argentina [[Argentine Declaration of Independence|declared its independence]] from Spain in 1816, although this was not then recognised by any of the major powers. Britain informally recognized Argentine independence on 15 December 1823, as the "province of Buenos Aires",<ref>{{cite news | first = George | last = Canning | title = Foreign Office December 15th 1823 | date = 15 Dec 1823 | url = http://tratados.cancilleria.gob.ar/tratado_archivo.php?id=7820&tipo=1 | work = Official document | accessdate = 2012-07-29 | quote = The King my Master ... with a view to such measures as may eventually lead to the establishment of friendly Relations with the Government of Buenos Ayres, has determined to nominate and appoint Woodbine Parish Esq. to be His Majesty's Consul General in the State of Buenos Ayres. ... (Signed:) George Canning}}</ref> and formally [[Treaty of Friendship, Commerce and Navigation Between Argentina and the United Kingdom|recognised it]] on 2 February 1825,<ref>{{cite news | first = George | last = Canning | title = Treaty of Amity, Commerce and Navigation | date = 2 February 1825 | url = http://tratados.cancilleria.gob.ar/tratado_archivo.php?id=7728&tipo=1 | work = Official document | accessdate = 2012-07-29 | quote = ... the Territories of The United Provinces of Rio de La Plata; for the Maintenance of good Understanding between His said Britannick Majesty and the said United Provinces ... should be regularly acknowledged and confirmed by the Signature of a Treaty of Amity, Commerce and Navigation. ... Done at Buenos Ayres, the second day of February, in the year of our Lord one thousand eight hundred and twenty-five. (Signed:) Woodbine Parish, H.M. Consul-General, Manl. J. Garcia.}}</ref>

but like the US did not recognise the full extent of the territory claimed by the new state.<ref>Mikulas Fabry, ''Recognizing states international society and the establishment of new states since 1776'', pp. 68, 77 n.88, which cites [[George Canning]]'s letter to [[Woodbine Parish]] of Boxing Day, 1824; the British did not even decide their position on the status of Uruguay, then disputed with the Empire of Brazil, until 1825; George P. Mills, ''Argentina'', p. 203; see also [http://www.mrecic.gov.ar/portal/seree/ditra/uk.html the website of the Argentine Foreign Ministry]{{dead link|date=February 2014}}. Other sources count ''effective'' recognition from the Treaty of Amity and Commerce, concluded 2 February 1825, in Buenos Aires.</ref> The new state, the [[United Provinces of the River Plate]], was formed by provinces of the former [[Viceroyalty of the Rio de la Plata|Viceroyalty of the River Plate]]. Hope, adjunct Professor of Law at Harvard University, considers that as successor to Spain, Argentina could claimhave claimed rights to FalklandEast IslandsFalkland.<ref name="Hope">{{cite journal | last1 = Hope | first1 = | authorlink = | title = Sovereignty and Decolonization of the Makvinas (Falkland) Islands | journal = Boston College International & Comparative Law Review | publisher = Boston College Law School | volume = 6 | number = 2 | year = 1983 | pages = 418 | url = http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1518&context=iclr }}</ref>

In October 1820, the [[frigate]] [[Heroína (ship)|''Heroína'']], under the command of American [[privateer]] Colonel [[David Jewett]], arrived in [[Puerto Soledad]] following an eight-month voyage and with most of her crew incapacitated by scurvy and disease. A storm had severely damaged the ''Heroína'' and had sunk a Portuguese ship pirated by Jewett called the ''Carlota''.<ref>Report dated 30 April 1822 by Portuguese Auditor General of Marine, Manuel José de Figueredo; translated version reprinted in William R. Manning: Diplomatic Correspondence of the United States, Inter-American Affairs 1831–1860, Vol I, Argentina, Washington DC 1932, fn. 1, p. 169-171.</ref> The captain sought assistance from the British explorer [[James Weddell]] to put the ship into harbour. Weddell reported that only thirty seamen and forty soldiers out of a complement of two hundred were fit for duty, and that Jewett slept with pistols over his head following an attempted mutiny. On 6 November 1820, Jewett raised the flag of the United Provinces of the River Plate and claimed possession of the islands for the new state. Weddell reported that the letter he received from Jewett read:<ref name="Weddell">{{cite book | title=A Voyage Towards the South Pole | publisher=Longman, Rees, Orme, Brown and Green | last=Weddell | first=James | authorlink=James Weddell | year=1827 | location=London}}</ref>