The Malvinas/Falkland Islands dispute. A fundamental disagreement
Jarast, Federico
2019
- Submitted in partial fulfillment of the degree Masters of Law in International Law at the Fletcher School of Law and Diplomacy. The dispute over the Malvinas/Falkland Islands confronting Argentina and the United Kingdom has been under an impasse for many years, and the prospect of putting an end to it seems to be, at best, meager.Even though it is apparent that the disagreement is deeply-rooted, ... read morethe work tries to inquire into the reasons underlying the entrenched stances adopted by the parties. Adopting the dichotomy between sovereignty and self-determination as a starting point, the interaction between both claims is addressed. Are they independent or contingent on each other? Are they mutually exclusive? Is there any pre-eminence between them? If the latter were the case, then the superseding one should be solved in the first place. But if no precedence could be established, which order should be followed? The answers to these questions are sought from a twofold perspective: a legal approach and a functional approach.Finally, based on the conclusions arrived at, the foundations over which negotiations between Argentina and the United Kingdom should be launched are proposed.read less
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