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Falklands Facts and Fallacies - The Falkland Islands in History and International Law (Paperback, 2nd Revised edition)
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Falklands Facts and Fallacies - The Falkland Islands in History and International Law (Paperback, 2nd Revised edition)
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Falklands Facts and Fallacies is a pioneer work and an essential
contribution to an understanding of the history and legal status of
the Falkland Islands. It presents abundant evidence from documents
(some never printed before) in archives in Buenos Aires, La Plata,
Montevideo, London, Cambridge, Stanley, Paris, Munich and
Washington DC, and provides the facts to correct the fallacies and
distortions in accounts by earlier authors. It reveals persuasive
evidence that the Falklands were discovered by a Portuguese
expedition at the latest around 1518-19, and not by Vespucci or
Magellan. It demonstrates conclusively that the Anglo-Spanish
agreement of 1771 did not contain a reservation of Spanish rights,
that Britain did not make a secret promise to abandon the islands,
and that the Nootka Sound Convention of 1790 did not restrict
Britain's rights in the Falklands, but greatly extended them at the
expense of Spain. For the first time ever, extracts from the
despairing letters from the Falklands written in German in 1824 to
Louis Vernet by his brother Emilio are printed here in translation,
revealing the total chaos of the abortive 1824 Argentine expedition
to the islands. This book reveals how tiny the Argentine settlement
in the islands was in 1826-33. In April 1829 there were only 52
people, and there was a constant turnover of population; many
people stayed only a few months, and the population reached its
maximum of 128 only for a few weeks in mid-1831 before declining to
37 people at the beginning of 1833. This work also refutes the
falsehood that Britain expelled an Argentine population from the
Falklands in 1833. That myth has been Argentina's principal
propaganda weapon since the 1960s in its attempts to undermine
Falkland Islanders' right to self-determination. In fact Britain
encouraged the residents to stay, and only a handful left the
islands. A crucial document printed here is the 1850 Convention of
Peace between Argentina and Britain. At Argentina's insistence,
this was a comprehensive peace treaty which restored "perfect
friendship" between the two countries. Critical exchanges between
the Argentine and British negotiators are printed here for the
first time, which show that Argentina dropped its claim to the
Falklands and accepted that the islands are British. That, and the
many later acts by Argentina described here, definitively ended any
Argentine title to the islands. The legal status of the Falklands
is analysed here by extensive reference to legal works, to United
Nations resolutions on decolonisation, and to rulings by the
International Court of Justice, which together demonstrate
conclusively that the islands are British territory in
international law and that the Falkland Islanders, who have now
(2022) lived in their country for over 180 years and for nine
generations, are a unique people who are holders of territorial
sovereignty with the full right of external self-determination.
This book completely refutes the argumentation presented by
Professor Marcelo Kohen and Facundo Rodriguez in their work Las
Malvinas entre el Derecho y la Historia, Buenos Aires2015 (and its
English version: The Malvinas/Falklands Between History and Law),
which repeats many of the untruths and distortions that have been
presented for over half a century by Argentine authors - and by
Argentine governments at the United Nations. This second edition
has been thoroughly revised and updated; in cases of difference it
supersedes the first edition published in March 2020.
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