Does the Population of the Falkland Islands (Malvinas) Really Have the Right to Self-Determination?

Fabián Raimondo*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

Although the advent of the right of peoples to self-determination in international law is by no means recent, in political and legal discourse it is commonplace to highlight its great importance. Nowadays, like in the past, debates about its relevance or applicability to certain situations may reach high levels of emotional intensity. One of these situations is the dispute between the UK and Argentina concerning the Falkland Islands (Malvinas), where claims of self-determination and territorial integrity are opposed to each other. This article examins whether the right of self-determination is really vested in the population of the Islands (as claimed by the UK and the islanders) and whether the British claim for self-determination can be limited by the Argentinean claim for territorial integrity. The study is made on the basis of the practice of the UN General Assembly and the case law of the International Court of Justice.
Original languageEnglish
Title of host publicationHague Yearbook of International Law/Annuaire de La Haye de Droit International
EditorsJure Vidmar, Ruth Kok
Place of PublicationLeiden
PublisherBrill | Nijhoff
Chapter5
Pages113-131
Number of pages19
Volume27
ISBN (Electronic)978-90-04-32486-2
ISBN (Print)978-90-04-32485-5
DOIs
Publication statusPublished - 1 Jan 2016

Publication series

SeriesHague Yearbook of International Law / Annuaire de La Haye de Droit International
Volume27
ISSN0923-8298

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