View source for Falkland Islands sovereignty dispute

{{Short description|Territorial dispute between Argentina and the United Kingdom}}
{{EngvarB|date=April 2015}}
{{Use dmy dates|date=June 2020}}

{| class="wikitable" style="float:right; width:350px; margin:0 0 1em 1em; background:#f9f9f9; border:1px #aaa solid; border-collapse:collapse; font-size:90%;" cellspacing="0" cellpadding="2" border="1"
|+<big>Timeline of ''[[de facto]]'' control</big>
|-
| align=right |April 1764<br />– February 1767 || {{flagcountry|Kingdom of France|size=30px}}
|-
| align=right | January 1765<br />– July 1770 || {{flagcountry|Kingdom of Great Britain|size=30px}}
|-
| align=right | February 1767<br />– February 1811 || {{flag|Spain|1785|size=30px}}
|-
| align=right | September 1771<br />– May 1774 || {{flagcountry|Kingdom of Great Britain|size=30px}}
|-
| align=right | February 1811<br />– August 1829 || None
|-
| align=right | August 1829<br />– December 1831 || {{flag|United Provinces of the Río de la Plata|size=30px}}
|-
| align=right | December 1831<br />– January 1832 || {{flag|United States|1822|size=30px}}
|-
| align=right | January–December 1832 || None
|-
| align=right | December 1832<br />– January 1833 || {{flag|Argentine Confederation|1829|size=30px}}
|-
| align=right | January–August 1833 || {{flagcountry|United Kingdom of Great Britain and Ireland|size=30px}}<ref group="Note">The United Kingdom was called the [[United Kingdom of Great Britain and Ireland]] until the [[Royal and Parliamentary Titles Act 1927]], following [[Anglo-Irish Treaty]] in 1922. The current name [[United Kingdom|United Kingdom of Great Britain and Northern Ireland]] has been in use since 1927.</ref>
|-
| align=right | August 1833<br />– January 1834 || None
|-
| align=right | January 1834<br />– April 1982 || {{flag|United Kingdom|size=30px}}
|-
| align=right | April–June 1982 || {{flagicon|Argentina|size=30px}} [[National Reorganization Process|Argentina]]
|-
| align=right | June 1982<br />– present|| {{flag|United Kingdom|size=30px}}
|}

[[Sovereignty]] over the [[Falkland Islands]] ({{langx|es|Islas Malvinas}}) is disputed by [[Argentina]] and the [[United Kingdom]]. The British claim to sovereignty dates from 1690, when they made the first recorded landing on the islands,<ref>{{Cite web|title=John Strong {{!}} English statesman|url=https://www.britannica.com/biography/John-Strong|access-date=2020-08-15|website=Encyclopedia Britannica|language=en}}</ref> and the United Kingdom has exercised ''[[de facto]]'' sovereignty over the [[archipelago]] almost continuously since 1833. Argentina has long disputed this claim, having been in control of the islands for a few years prior to 1833. The dispute escalated in 1982, when [[1982 invasion of the Falkland Islands|Argentina invaded the islands]], precipitating the [[Falklands War]].

[[Falkland Islanders]] overwhelmingly prefer to remain British. Following the British victory in the [[Falklands War]], they were granted full British citizenship under the [[British Nationality (Falkland Islands) Act 1983]].

==Historical basis of the dispute==
{{See also|History of the Falkland Islands|Timeline of the history of the Falkland Islands|Falkland Crisis of 1770|Re-establishment of British rule on the Falklands (1833)|Sovereignty of South Georgia and the South Sandwich Islands}}
=== Pre-settlement claims ===
In 1493, [[Pope Alexander VI]] issued a [[Papal bull]], ''[[Inter caetera]]'', dividing the [[New World]] between [[Spain]] and [[Portugal]]. The following year, the [[Treaty of Tordesillas]] between those countries agreed that the dividing line between the two should be 370 [[league (unit)|leagues]] west of the [[Cape Verde Islands]].<ref name="Dawson1899">{{cite book |author=Samuel Edward Dawson |url=https://books.google.com/books?id=xBUNAQAAMAAJ |title=The Lines of demarcation of Pope Alexander VI and the Treaty of Tordesillas A.D. 1493 and 1494 |publisher=Hope & Sons |year=1899 |page=543}}</ref> The Falklands lie on the western (Spanish) side of this line. 

There is some limited evidence resulting in speculation of a possible human presence on the islands predating European arrival.<ref>{{cite web |title=Evidence of prehistoric human activity in Falkland Islands |url=https://www.sciencedaily.com/releases/2021/10/211027150706.htm |website=Science Daily |publisher=Chris Hogan |access-date=8 August 2024}}</ref> The British were the first to land on the Falklands, and did so in 1690, when Captain [[John Strong (mariner)|John Strong]] sailed through Falkland Sound, naming this passage of water after [[Anthony Cary, 5th Viscount of Falkland]], the [[Lord Commissioner of the Admiralty|First Lord of the Admiralty]] at that time. The British were keen to settle the islands as they had the potential to be a strategic naval base for passage around [[Cape Horn]].<ref name="briefhistory1"> 
{{cite web |last=Lewis |first=Jason |author2=Inglis, Alison |title=Part 1 – The Discovery of the Falkland Islands |url=http://www.falklands.info/history/history1.html |url-status=dead |archive-url=https://web.archive.org/web/20071006062930/http://www.falklands.info/history/history1.html |archive-date=6 October 2007 |access-date=19 July 2007 |work=A brief history of the Falkland Islands |publisher=falklands.info {{Self-published source|date=April 2013}}}}
</ref>

[[File:Falklands.permanence.png|thumb|800px|[[De facto]] control over the Falkland Islands|center]]



Spain made claims that the Falkland Islands were held under provisions in the 1713 [[s:Peace and Friendship Treaty of Utrecht between Spain and Great Britain|Treaty of Utrecht]], which defined the limits of the [[Spanish Empire]] in the [[Americas]]. However, the treaty only promised to restore the territories in the Americas held prior to the [[War of the Spanish Succession]]. The Falkland Islands was not held at the time, and were not mentioned in the treaty.

=== Early settlements ===
France was the first country to establish a permanent settlement in the Falkland Islands, with the foundation of Port-Saint-Louis on [[East Falkland]] by French explorer [[Louis Antoine de Bougainville]] in 1764.<ref name="Calvert, 1983">{{cite journal |last1=Calvert |first1=Peter |date=July 1983 |title=Sovereignty and the Falklands crisis |journal=International Affairs |publisher=Chatham House RIIA |volume=59 |issue=3 |page=406 |doi=10.2307/2618794 |issn=0020-5850 |jstor=2618794 |doi-access=free}}</ref> The French colony consisted of a small fort and some settlements with a population of around 250. The islands were named after the Breton port of [[Saint-Malo]] as the ''Îles Malouines'', which remains the French name for the islands.

In 1765, Captain [[John Byron]] landed on [[Saunders Island (Falkland Islands)|Saunders Island]]. He then explored the coasts of the other islands and claimed the archipelago for Britain. The following year, Captain [[John MacBride (Royal Navy officer)|John MacBride]] returned to Saunders Island and constructed a fort named [[Port Egmont]]. [[File:Ducreux - Louis Antoine de Bougainville.jpg|thumb|upright|French nobleman, Louis Antoine de Bougainville]]

=== First sovereignty disputes ===
When Spain discovered the British and French colonies on the Islands, a diplomatic row broke out among the three claimants. In 1766, Spain and France, who were allies at the time, agreed that France would hand over Port Saint Louis, and Spain would reimburse de Bougainville and the Saint-Malo Company 618,108 [[French livre|French livres]] for the cost of the settlement.<ref name="StMaloCompanyReimbursed">
{{cite web |last=de Bougainville |first=Louis |date=4 October 1766 |title=Instrumento que otorgó M. Bougainville para la entrega de las Malvinas |trans-title=Document from M. Bougainville for delivery of the Falklands |url=http://servicios.abc.gov.ar/docentes/efemerides/2deabril/descargas/historia/bouganville.pdf |access-date=31 March 2013 |publisher=Dirección General de Cultura y Educación, Buenos Aires Provincia, Argentina |language=es |quote=the expenses incurred by the St. Malo Company in equipments for founding their intrusive establishments in the Malvina Islands}}</ref><ref name="briefhistory2">{{cite web |last=Lewis |first=Jason |author2=Inglis, Alison |title=Part 2 – Fort St. Louis and Port Egmont |url=http://www.falklands.info/history/history2.html |url-status=dead |archive-url=https://web.archive.org/web/20071006063029/http://www.falklands.info/history/history2.html |archive-date=6 October 2007 |access-date=19 July 2007 |work=A brief history of the Falkland Islands |publisher=falklands.info {{Self-published source|date=April 2013}}}}</ref> France insisted that Spain maintain the colony in Port-Louis to prevent Britain from claiming unilateral title to the Islands, and Spain agreed.<ref name="Laver">{{cite book |author=Laver, Roberto C. |url=https://books.google.com/books?id=cNKtX4mYVZUC&q=The+Falklands/Malvinas+Case+Breaking+The+Deadlock+in+the+Anglo-Argentine+Sovereignty+Dispute,+Developments+in+International+Law,+V.+40+&pg=PR11 |title=The Falklands/Malvinas Case Breaking The Deadlock in the Anglo-Argentine Sovereignty Dispute, Developments in International Law, V. 40 (Book 40) |date=February 2001 |publisher=Springer |isbn=978-9041115348}}</ref> Spain and Great Britain enjoyed uneasy relations at the time, and no corresponding agreement was reached.<ref name="briefhistory2"/>

The Spanish took control of Port Saint Louis and renamed it [[Puerto Soledad]] in 1767. On 10 June 1770, a Spanish expedition was sent to the British colony at [[Port Egmont]]. Facing a greater force, the British were [[Capture of Port Egmont|expelled from Port Egmont]], and Spain took [[de facto]] control of the Islands.<ref>{{cite book |author=Daniel K. Gibran |title=The Falklands War: Britain versus the past in the South Atlantic |publisher=McFarland |year=2008 |isbn=978-0-7864-3736-8 |page=26}}</ref> The British [[Falklands Crisis of 1770|threatened war]] over the issue, but both sides [[Masserano Declaration|concluded a treaty]] on 22 January [[1771]], allowing the British to return to Port Egmont with neither side relinquishing sovereignty claims.<ref name = "1771Declaration">
{{cite web
 | last = Harris
 | first = Chris
 | title = Declarations signed by Masserano and Rochford January 22nd 1771
 | work = The history of the Falkland Islands
 | url = http://www.history.horizon.co.fk/articles/1771decs.html
 | date = 27 May 2002
 | access-date = 28 June 2008
| archive-url = https://web.archive.org/web/20080616211516/http://www.history.horizon.co.fk/articles/1771decs.html
 | archive-date = 16 June 2008
}}
</ref> 

=== British and Spanish withdrawal ===
[[File:John Byron-Joshua Reynolds-1759.jpg|thumb|upright|British Royal Naval Captain John Byron]]

However, in 1774, economic pressures leading up to the [[American Revolutionary War]] forced Great Britain to withdraw from the Falklands along with many of its other overseas settlements.<ref name="Freedman2012">{{cite book|author=Lawrence Freedman|title=Official History of the Falklands|url=https://books.google.com/books?id=-ZSF6bpWm04C|access-date=24 April 2013|date=10 September 2012|publisher=Routledge|isbn=978-1-135-77589-6|quote=At a time of growing unrest in its American colonies, the Falklands appeared expensive and of marginal strategic value and so Saunders Island was left voluntarily in 1774 as Britain concentrated on North America.}}</ref><ref name="Cawkell1983">{{cite book |author=Mary Cawkell |url=https://books.google.com/books?id=wg8aAAAAYAAJ |title=The Falkland Story, 1592–1982 |publisher=Anthony Nelson Limited |year=1983 |isbn=978-0-904614-08-4}}</ref>{{rp|25}} They left behind a plaque and flag at Port Egmont asserting British sovereignty over the islands.<ref name="Cawkell1983" /> This left Spain in [[de facto]] control, with the British maintaining they had the rights to return at any time. In 1777, Governor Ramon de Carassa was ordered to destroy the remains at Port Egmont. The British plaque was removed and sent to Buenos Aires.<ref name="Laver" />{{rp|51}} Spain ruled the islands from 1774 until 1811 from Port Soledad as part of the [[Viceroyalty of the Río de la Plata|Viceroyalty of the Río de la Plata]]. In this period, 18 Spanish governors were appointed to rule the islands. Spanish troops remained until 1811,<ref name="Goebel">{{cite book |author=Goebel, Julius |title=The Struggle for the Falkland Islands: A Study in Legal and Diplomatic History |publisher=Yale University Press |year=1927 |page=483}}</ref> when Governor Pablo Guillen Martinez was called back to Montevideo as the [[Argentine War of Independence|revolutionary forces]] spread through the continent. As the Spanish government withdrew, he left behind a plaque claiming sovereignty for Spain.<ref name="briefhistory2" /><ref name="Hoffman">{{cite book |last=Hoffman |first=Fritz L. |url=https://archive.org/details/sovereigntyindis00hoff/page/65 |title=Sovereignty in Dispute: The Falklands/Malvinas, 1493–1982 |author2=Hoffman, Olga Mingo |publisher=[[Westview Press]] |year=1984 |isbn=0-86531-605-8 |location=Boulder, Colorado |page=[https://archive.org/details/sovereigntyindis00hoff/page/65 65] |url-access=registration}}</ref>

This left no formal government present on the islands. Despite the lack of administration or governance, they retained human activity. British and American sealers routinely used them to hunt for seals, also taking on fresh water as well as feral cattle, pigs and even penguins for provisions. Whalers also used the islands to shelter from the South Atlantic weather and to take on fresh provisions.

[[File:FalklandIslands1794.jpg|thumb|202x202px|center|A map from a world atlas published in 1794 complete with marginal notes describing sovereignty: the Falklands belonged "to Great Britain by right of first discovery", the British had "a fort and settlement" on "the North of Western Falkland", while Spaniards "had a fort in the Eastern Isle".]]

===Colonel Jewett's declaration===
Argentina [[Argentine Declaration of Independence|declared its independence]] from Spain in 1816, although this was not then recognised by any of the major powers. The UK informally recognised Argentine independence on 15 December 1823, as the "province of Buenos Aires",<ref>{{cite news |last=Canning |first=George |date=15 December 1823 |title=Foreign Office December 15th 1823 |url=http://tratados.cancilleria.gob.ar/tratado_archivo.php?id=7820&tipo=1 |access-date=29 July 2012 |work=Official document |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 |last=Canning |first=George |date=2 February 1825 |title=Treaty of Amity, Commerce and Navigation |url=http://tratados.cancilleria.gob.ar/tratado_archivo.php?id=7728&tipo=1 |access-date=29 July 2012 |work=Official document |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] {{webarchive|url=https://web.archive.org/web/20110928023835/http://www.mrecic.gov.ar/portal/seree/ditra/uk.html|date=28 September 2011}}. Other sources count ''effective'' recognition from the Treaty of Amity and Commerce, concluded 2 February 1825, in Buenos Aires.</ref>[[File:Jewett .Col.D.contemporary.jpeg|upright|thumb|American privateer, Colonel Jewett]]In October 1820, the [[frigate]] [[Heroína (ship)|''Heroína'']], under the command of American [[privateer]] Colonel [[David Jewett]], arrived in [[Puerto Soledad]] after an eight-month voyage and with most of her crew incapacitated by scurvy and other 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, pp. 169–71.</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 200 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 Río de la Plata (the nation that would become Argentina) 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 |last=Weddell |first=James |author-link=James Weddell |url=https://archive.org/details/avoyagetowardss00weddgoog |title=A Voyage Towards the South Pole |publisher=Longman, Rees, Orme, Brown and Green |year=1827 |location=London}}</ref>
{{blockquote|Sir, I have the honour to inform you of the circumstance of my arrival at this port, commissioned by the supreme government of the United Provinces of South America to take possession of these islands in the name of the country to which they naturally appertain. In the performance of this duty, it is my desire to act towards all friendly flags with the most distinguished justice and politeness. A principal object is to prevent the wanton destruction of the sources of supply to those whose necessities compel or invite them to visit the islands, and to aid and assist such as require it to obtain a supply with the least trouble and expense. As your views do not enter into contravention or competition with these orders, and as I think mutual advantage may result from a personal interview, I invite you to pay me a visit on board my ship, where I shall be happy to accommodate you during your pleasure. I would also beg you, so far as comes within your sphere, to communicate this information to other British subjects in this vicinity. I have the honour to be, Sir Your most obedient humble Servant, Signed, Jewett, Colonel of the Navy of the United Provinces of South America and commander of the frigate Heroína.}}

Many modern authors report this letter as the declaration issued by Jewett.<ref name="Destéfani1982" /> Jewett's report to the government of Buenos Aires does not mention any claim to the Falkland Islands,<ref>{{cite book |author1=da Fonseca Figueira |title=David Jewett; una biografía para la historia de las Malvinas |author2=José Antonio |publisher=Sudamericana-Planeta |year=1985 |isbn=950-37-0168-6 |pages=105–15 |language=es}}</ref> and news of the claim reached Argentina by way of the United States and Europe in November 1821, over a year after the event.<ref name="Pascoe&Pepper" />

=== United Provinces governance with British approval ===
[[File:Woodbineparish.JPG|thumb|left|upright|British minister chargé d'affaires, Sir Woodbine Parish]]
The Government of the [[United Provinces of the Río de la Plata]] attempted to control the [[Falkland Islands|islands]] through commerce, granting land on [[East Falkland]] to Jorge Pacheco in 1823, and fishing and hunting rights the following year. Pacheco was a businessman from Buenos Aires who owed money to the merchant [[Luis Vernet]].<ref name="Caillet-Bois">{{cite book |author=Caillet-Bois, Ricardo R. |title=Las Islas Malvinas |publisher=Ediciones Peuser |year=1952 |edition=2nd |pages=195–99}}</ref> A first expedition financed by Pacheco travelled to the islands the following year, arriving on the East Falkland on 2 February 1824. Its leader was Pablo Areguatí, who brought with him 25 gauchos. Ten days later Areguatí wrote to Pacheco to say the colony was perishing because the horses they had brought were too weak to be used. Thus, they could not capture wild cattle, and their only other means of subsistence was wild rabbits.<ref name="Cawkell2001a">{{cite book |author=Mary Cawkell |url=https://books.google.com/books?id=YG8VAAAACAAJ |title=The History of the Falkland Islands |publisher=Nelson |year=2001 |isbn=978-0-904614-55-8}}</ref>{{rp|47}}<ref name="Cawkell1983" />{{rp|31}}  On 7 June, Areguatí left the islands, taking with him 17 gauchos, with the remaining eight gauchos were rescued by the ''Susannah Anne'', a British sealer, on 24 July.  A second attempt, in 1826, sanctioned by the British<ref name="Cawkell2001a" />{{rp|48}} (but delayed until winter by a Brazilian blockade), also failed after arrival in the islands.<ref name="Cawkell2001a" />{{rp|52}}

After the failure, Pacheco agreed to sell his share to Vernet. The Buenos Aires government granted Vernet all of East Falkland, including all its resources, with exemption from taxation for 20 years, if a colony could be established within three years. Vernet visited the British consulate in 1826 seeking endorsement of his venture. The British acquiesced, and asked for a report on the islands. Vernet took settlers, including British Captain Matthew Brisbane, and before leaving once again sought permission from the British Consulate in Buenos Aires.<ref name="Cawkell2001a" />{{rp|50}}  He established a [[Port Louis, Falkland Islands|fledgling colony]] in 1828, and renamed Puerto Soledad to Puerto Luis.<ref name="Caillet-Bois" /> Vernet would visit the British consulate a third time in 1829, seeking continued endorsement of his venture and British protection for his settlement in the event of their returning to the islands.<ref name="Cawkell2001a" />{{rp|50}}<ref>{{cite book|author=Mary Cawkell|title=The History of the Falkland Islands|url=https://books.google.com/books?id=YG8VAAAACAAJ|year=2001|publisher=Anthony Nelson|isbn=978-0-904614-55-8|ref=Cawkell3 |page=48}}</ref><ref name="MyUser_Buenosairesherald.com_June_30_2015c">{{cite web |url=http://www.buenosairesherald.com/article/124513/february-1833-parallel-truths-in-parallel-universes-%E2%80%94-can-that-be-the-only-explanation |title=February 1833: Parallel truths in parallel universes – can that be the only explanation? |newspaper=Buenos Aires Herald |access-date= 30 June 2015}}</ref> After receiving assurances from the British minister [[chargé d'affaires]], Sir [[Woodbine Parish]], Vernet provided regular reports to the British on the progress of his enterprise. He expressed the wish that, in the event of the British returning to the islands, the British Government would take his settlement under their protection; Parish duly passed this wish on to London.<ref name="Cawkell2001a" />{{rp|52}}<ref name="briefhistory3">
{{cite web |last1=Lewis |first1=Jason |last2=Inglis |first2=Alison |title=Part 3 – Louis Vernet: The Great Entrepreneur |url=http://www.falklands.info/history/history3.html |url-status=dead |archive-url=https://web.archive.org/web/20100401100750/http://www.falklands.info/history/history3.html |archive-date=1 April 2010 |access-date=19 July 2007 |work=A brief history of the Falkland Islands |publisher=falklands.info}}
</ref> Islanders were born during this period, including Malvina María Vernet y Saez, Vernet's daughter.

In 1829, he sought a naval vessel from the United Provinces to protect his colony. As none were available, the Buenos Aires government, headed by General Juan Galo de Lavalle, appointed him [[Governor of the Falkland Islands#Republic of Buenos Aires Governors of Puerto Luis (Port Louis)|Military and Civil Commander]], essentially the governor of the islands. This prompted British protests, as this was seen as an attempt by the United Provinces to exercise political and military control over the islands.<ref>{{cite book|first=Mary |last=Cawkell|title=The History of the Falkland Islands|url=https://books.google.com/books?id=YG8VAAAACAAJ|year=2001|publisher=Anthony Nelson|isbn=978-0-904614-55-8|ref=Cawkell3|page=51}}</ref><ref>{{cite book|author=Ricardo Rodolfo Caillet-Bois|title=Las Islas Malvinas: una tierra argentina|url=https://books.google.com/books?id=GIF-lAEACAAJ|year=1952|publisher=Ediciones Peuser|ref=CailletBois|page=209}}</ref>   Parish protested to Buenos Aires, which merely acknowledged the protest. Britain protested again when Vernet announced his intention to exercise exclusive rights over fishing and sealing in the islands. One of Vernet's first acts was to curb seal hunting on the islands to conserve the dwindling seal population. In response, the British consul at Buenos Aires protested the move and restated the claim of his government. Similar protests were received from the American representative, who protested at the curtailment of established rights and stated that the United States did not recognise the jurisdiction of the United Provinces over the islands.<ref name="PETERSON1964">{{cite book|author=Harold F. Peterson|title=Argentina and the United States: 1810–1960|url=https://books.google.com/books?id=eG0h5r3BFkwC|year=1964|publisher=SUNY Press|isbn=978-0-87395-010-7|page=104 |quote=Denying that Argentine officials had the right of seizure or the right to restrain American citizens from use of the fisheries, he said he regarded Anchorema's note as an avowal of Vernet's captures. He protested against the decree of June 10, 1829.}}</ref> Despite the tension, Vernet continued to provide regular reports to Parish throughout this period.<ref name="Cawkell2001a" />{{rp|52}}

=== ''Lexington'' raid and escalating chaos ===
[[File:Vernet Luis Portrait.jpg|right|thumb|upright|Luis Vernet, appointed by the Buenos Aires government as Military and Civil Commander of Falkland Islands and the Islands adjacent to Cape Horn in 1829]]

==== Vernet's actions ====
Vernet's attempts to regulate fishing and sealing led to conflict with the United States and the [[History of the Falkland Islands#USS Lexington raid|''Lexington'' raid]] of 1831.<ref>{{cite book |last=Peterson |first=Harold |title=Argentina and the United States 1810–1960 |publisher=University Publishers Inc. |year=1964 |isbn=978-0-87395-010-7 |location=New York |page=106}}</ref> Vernet seized three American ships, the ''Harriet'', ''Superior'' and ''Breakwater'', for disobeying his restrictions on seal hunting. The ''Breakwater'' escaped to raise the alarm and the ''Superior'' was allowed to continue its work for Vernet's benefit, but property on board the ''Harriet'' was seized and Vernet returned with it to Buenos Aires for the captain to stand trial. The American Consul in Argentina protested Vernet's actions and stated that the United States did not recognise Argentine sovereignty in the Falklands. The consul dispatched a warship, the ''USS Lexington'', to Puerto Luis to retake the confiscated property.

Although the colony was successful enough to be advertising for new colonists at this time, a report by the captain of the ''Lexington'' suggests that the conditions on the islands were quite miserable as a result of the ''Harriet'' seizure and ''Lexington'' raid. The captain of the ''Lexington'' asserted in his report that he destroyed the settlement's powder store and spiked the guns, though Vernet later claimed that during the raid the Argentine settlement at Puerto Luis was also destroyed.<ref name="Duncan">[[wikisource:Report by Silas Duncan Commander U.S.S. Lexington sent to Navy Secretary Levi Woodbury|s:Report by Silas Duncan Commander U.S.S. Lexington sent to Navy Secretary Levi Woodbury]]. Report by [[Silas Duncan]], Commander [[USS Lexington (1825)|USS ''Lexington'']] sent to [[Levi Woodbury]], the [[United States Secretary of the Navy|US Navy Secretary]] on 2 February 1832.</ref><ref name="Duncan2">{{cite web |last=Monroe |first=Alexander G. |date=27 July 1997 |title=Commander Silas Duncan and the Falkland Island Affair |url=http://www.ussduncan.org/silas_page13.htm |access-date=28 June 2008 |publisher=USS Duncan DDR 874 Crew & Reunion Association}}</ref> Upon leaving to return to [[Montevideo]], the captain of the ''Lexington'' declared the islands to be ''[[res nullius]]'' (nobody's property).<ref name="briefhistory3" /> [[Charles Darwin|Darwin's]] visit in 1833 confirmed the squalid conditions in the settlement, although Captain Matthew Brisbane, Vernet's deputy, later insisted that these were the result of the attack by the ''Lexington''.<ref name="Darwin">FitzRoy, R. 1839. [http://darwin-online.org.uk/content/frameset?itemID=F10.2&viewtype=text&pageseq=326&keywords=brisbane Narrative of the surveying voyages of His Majesty's Ships Adventure and Beagle]. Vol. II.</ref> Vernet had returned to Buenos Aires in 1831 before the attack and resigned as governor.

With the colony in disarray, Major [[Esteban Mestivier]] was appointed interim governor and tasked by the United Provinces with the establishment of a [[penal colony]]. He arrived at Puerto Luis with his family aboard the schooner ''Sarandí'' in October 1832.<ref name="briefhistory3" /> The ''Sarandí'', under the command of its captain, José María Pinedo, then began to patrol the surrounding seas. Upon its return to Puerto Luis on 29 December 1832, the ''Sarandí'' found the colony in an uproar. In Pinedo's absence, there had been a mutiny led by a man named Gomila; Mestivier had been murdered and his wife raped. The captain of the French vessel ''Jean Jacques'' had meanwhile provided assistance, disarming and incarcerating the mutineers. Pinedo dispatched the mutineers to Buenos Aires with the British schooner ''Rapid''. Gomila was condemned to exile, while seven other mutineers were executed.<ref>{{cite book |last=Graham-Yooll |first=Andrew |author-link=Andrew Graham-Yooll |title=Imperial Skirmishes: War and Gunboat Diplomacy in Latin America |publisher=Signal Books Limited |year=2002 |isbn=978-1-902669-21-2 |location=Oxford, England |page=50}}</ref>

==== American position ====
The American sealing vessels ''Harriet'' and ''Breakwater'' that had been seized by Vernet brought claims against their insurers and in 1839 these claims reached the Supreme Court of the United States in the case of ''Williams v. Suffolk Insurance Company''.<ref>{{cite web |title=Williams v. Suffolk Insurance Company, 38 U.S. 415 (1839) |url=https://supreme.justia.com/cases/federal/us/38/415/case.html |work=Justia U.S. Supreme Court Center}}</ref> The insurers argued that Vernet was the legal governor of the Falkland Islands, the sealing was therefore illegal and so they ought not to have to pay. The ruling of the Supreme Court was:

{{blockquote|The government of the United States having insisted, and continuing to insist, through its regular executive authority, that the Falkland Islands do not constitute any part of the dominions within the sovereignty of Buenos Ayres, and that the seal fishery at those islands is a trade free and lawful to the citizens of the United States, and beyond the competence of the Buenos Ayres government to regulate, prohibit, or punish, it is not competent for a circuit court of the United States to inquire into and ascertain by other evidence the title of the government of Buenos Ayres to the sovereignty of the Falkland Islands.}}

As the United States recognized the British and not the Argentine claim to the islands, the insurers had to pay.

==== British response ====
Mestivier's appointment again had drawn protests from the British consul in Buenos Aires, but these protests received no response from Buenos Aires, as the United Provinces were now asserting sovereignty over the islands. The appointments of Vernet and Mestivier convinced the British that direct rule was again necessary, and so the British dispatched a naval squadron to [[Reassertion of British sovereignty over the Falkland Islands (1833)|re-establish direct British rule]].<ref>{{cite book |last=Graham-Yooll |first=Andrew |author-link=Andrew Graham-Yooll |title=Imperial Skirmishes: War and Gunboat Diplomacy in Latin America |publisher=Signal Books Limited |year=2002 |isbn=978-1-902669-21-2 |location=Oxford, England |page=51}}</ref>

=== British return and establishment of control ===
{{See also|Reassertion of British sovereignty over the Falkland Islands (1833)||||}}
The British squadron to restore sovereignty arrived at Port Egmont on 20 December 1832, and reached Port Louis on 2 January 1833.[[File:HMS Clio c1812.jpg|upright|thumb|alt=A sketch believed to be HMS Clio|Sketch of a brig-sloop, probably HMS ''Clio'', by Cmdr. William Farrington, c. 1812]]
Captain James Onslow, of the brig-sloop {{HMS|Clio|1807|6}}, arrived at the Spanish settlement at Port Louis to request that the Argentine flag be replaced with the British one, and that the Argentine administration leave the islands. Pinedo asked if war had been declared between Argentina and the United Kingdom; Onslow replied that it had not. While Pinedo wanted to resist,<ref name="Destéfani1982">{{cite book | url=https://books.google.com/books?id=sGAJSfxqd7oC | title=The Malvinas, the South Georgias, and the South Sandwich Islands, the conflict with Britain | publisher=Edipress | access-date=24 April 2013 | author=Laurio Hedelvio Destéfani | year=1982 | isbn=978-950-01-6904-2}}</ref>{{rp|90}} his numerical disadvantage was obvious, particularly as a large number of his crew were British mercenaries who were unwilling to fight their own countrymen.<ref name="Destéfani1982" /> Such a situation was not unusual in the newly independent states in Latin America, where land forces were strong, but navies were frequently quite undermanned. He protested verbally,<ref name="Oxford1988">{{cite book | url=https://books.google.com/books?id=Ip-9_W7efbAC | title=The Sovereignty Dispute Over the Falkland (Malvinas) Islands | publisher=Oxford University Press | date=7 April 1988 | access-date=24 April 2013 | last=Gustafson |first=Lowell S. | isbn=978-0-19-536472-9}}</ref>{{rp|26}} but departed without a fight on 5 January under protest, with the Argentine flag being lowered by British officers and delivered to him. The islands have remained under British rule ever since, except for the brief interruption caused by the Falklands War. Back on the mainland, Pinedo faced court martial; he was suspended for four months and transferred to the army, though he was recalled to the navy in 1845.

After their return, the British did not attempt to develop the islands as a colony. Initially, plans were based upon the settlers remaining in Puerto Luis, supported by the annual visit of a warship. Vernet's deputy, [[Matthew Brisbane]], returned in March 1833 aboard the sealer ''Rapid'' during the visit of HMS ''Beagle''.<ref>{{cite book|chapter = Matthew Brisbane| last = Gurney| first = Alan |editor-first=David |editor-last=Tatham |editor-link=David Tatham |title=The Dictionary of Falklands Biography (Including South Georgia): From Discovery Up to 1981|url=https://books.google.com/books?id=0D0VNAAACAAJ|access-date=15 August 2011|date=1 June 2008|publisher=D. Tatham|isbn=978-0-9558985-0-1|pages=115–119|ref=Tatham}})</ref> He took charge of the settlement and was encouraged to further Vernet's business interests provided he did not seek to assert Argentine government authority.<ref name="Destéfani1982" /><ref name = "Darwin"/><ref name="CPEL">[http://www.cpel.uba.ar/filargenta/correo/malv0020.htm "Islas del Atlántico Sur, Islas Malvinas, Historia, Ocupación británica: Port Stanley (Puerto Argentino)"]. Cpel.uba.ar. Retrieved on 20 November 2011. {{webarchive |url=https://web.archive.org/web/20070815113612/http://www.cpel.uba.ar/filargenta/correo/malv0020.htm |date=15 August 2007 }}</ref> Argentines have claimed that the population of Puerto Luis was expelled after the British return,<ref name="South Atlantic Council">{{Cite web |url=http://www.staff.city.ac.uk/p.willetts/SAC/ARGNTN/ARG-MREC.HTM |title=The Official Position of the Argentine Ministry of Foreign Affairs on the Falklands (Malvinas) Question and on the Historical Background |date=16 December 2018 |access-date=16 December 2018}}</ref><ref name="PeñaPeña2017">Speech by Dr. José María Ruda (Argentina) to the UN Special Committee on the Situation with regard to the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, 9 September 1964 cited in {{cite book|first1=Manuel |last1=Pedro Peña|first2=Juan |last2=Ángel Peña|title=Falklands or Malvinas: Myths & facts |url=https://books.google.com/books?id=UQxNDwAAQBAJ&pg=RA1-PR2|date=20 November 2017|publisher=Pentian|isbn=978-1-5243-0127-9|pages=Appendix II}}</ref><ref>{{Cite web |title=Amendment Of Article 1 of Law No. 23,775 Provincialization of the Territory of Tierra del Fuego, Antarctica and Islands of the South Atlantic |url=http://www3.hcdn.gov.ar/folio-cgi-bin/om_isapi.dll?clientID=509981872&advquery=4302-D-06&headingswithhits=on&hitsperheading=on&infobase=tp.nfo&record=%7BFC09%7D&recordswithhits=on&softpage=Document42&fbclid=IwAR1CZ_4Svj0Rt1NFEeNVRXDg20uctbBMXI1CB4Z10Vi2YQXGs6ruEVUHP2Q |last=The Senate and Chamber of Deputies |date=8 March 2006 |website=Chamber of Deputies of the Nation |location=Argentina |language=es |access-date=25 May 2020 |quote=According to the historical claim of the Argentine Republic, we emphasize that the principle of self-determination is not applicable to the issue of the Falkland Islands. Precisely, with regard to this principle, the specificity of the Malvinas question lies in the fact that the United Kingdom occupied the Islands by force in 1833, expelled their original population and did not allow their return, violating Argentine territorial integrity. Thus, the possibility of applying the principle of self-determination is ruled out, since its exercise by the inhabitants of the islands would cause the breakdown of national unity and territorial integrity of Argentina. }}{{Dead link|date=March 2024 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> but historical records shows that only four members of the settlement chose to leave.<ref name="Fitte1966">{{cite book |first=Ernesto J. |last=Fitte |title=La agresión norteamericana a las Islas Malvinas: Crónica documental|url=https://books.google.com/books?id=YWVGAAAAMAAJ|year=1966|publisher=Emecé |pages=372–373}}</ref><ref name="Tesler1971">{{cite book |first=Mario |last=Tesler |title=El gaucho Antonio Rivero: la mentira en la historiografía académica |url=https://books.google.com/books?id=e60ZAAAAYAAJ |year=1971 |publisher=A. Peña Lillo |pages=235–237}}</ref>

Following the [[William Dickson (Falklands)#Gaucho Murders|Gaucho murders]] in August 1833, the Falklands were administered as a military outpost with the few remaining residents of Vernet's colony. The first British Resident, Lt Smith, was established in 1834. Under his administration and initiative, the settlement recovered and began to prosper. Lt Smith's commanding officer was not enthusiastic about Royal Navy officers engaged in encouraging commerce and rebuked Smith. Smith resigned and subsequent residents allowed the settlement to stagnate.

In Britain, the [[Reform Act 1832]] had extended the vote to more British citizens, including members of the free-trade merchant class who saw economic opportunity in opening up markets in South America. The British Board of Trade saw establishing new colonies and trade with them as a way to expand manufacturing jobs. The Foreign and Colonial Offices agreed to take on the Falklands as one of these colonies, if only to prevent colonisation by others.<ref name="Warnick">{{cite thesis |type=Masters |last=Warnick |first=Shannon |date=2008 |title=The reluctant colonization of the Falkland Islands, 1833–1851: a study of British Imperialism in the Southwest Atlantic |publisher=University of Richmond}}</ref> In May 1840, a permanent colony was established in the Falklands. A British colonial administration was formed in 1842. 

This was expanded in 1908, when in addition to [[South Georgia Island|South Georgia]], claimed in 1775, and the [[South Shetland Islands]], claimed in 1820, the UK unilaterally declared sovereignty over more Antarctic territory south of the Falklands, including the [[South Sandwich Islands]], the [[South Orkney Islands]] and [[Graham Land]], grouping them into the Falkland Islands Dependencies. Following the introduction of the [[Antarctic Treaty System]] in 1959, the Falkland Islands Dependencies were reduced to include just South Georgia and the South Sandwich Islands. Territory south of the 60th parallel was formed into a new dependency, the [[British Antarctic Territory]], which overlaps claims by Argentina ([[Argentine Antarctica]]) and [[Chile]] ([[Antártica Chilena Province]]).

== British-Argentine relations pre-war ==
In 1841, [[Juan Manuel de Rosas|General Rosas]] offered to relinquish any Argentine territorial claims in return for relief of debts owed to [[Barings Bank]] in the [[City of London]]. The British Government chose to ignore the offer.<ref name="Rosas">{{cite web |last1=Lewis |first1=Jason |last2=Inglis |first2=Alison |date=May 1983 |title=Falkland Islands Newsletter |url=http://www.falklands.info/history/history1.html |url-status=dead |archive-url=https://web.archive.org/web/20071006062930/http://www.falklands.info/history/history1.html |archive-date=6 October 2007 |access-date=19 July 2007 |work=The Long View of the Falklands Situation |publisher=falklands.info |number=14}}</ref>

In 1850, the [[Arana-Southern Treaty]], otherwise known as the [[s:1850 Convention of Settlement|Convention of Settlement]], was signed between the United Kingdom and Argentina. It has been argued by [[Arana-Southern Treaty#Historians' opinions|several authors]] on both sides of the dispute that Argentina tacitly gave up her claim by failing to mention it and ceasing to protest over the Falklands. Between December 1849 and 1941, the Falklands were not mentioned in the President's Messages to Congress. The treaty, which did not mention the islands, agreed to restore "perfect relations of friendship" between the two countries. 

There were no further protests until 1885, when Argentina included the Falkland Islands in an officially sponsored map.{{citation needed|reason=The Bluth paper quite simply does not support the proposition for which it is cited.|date=April 2015}} In 1888, Argentina made an offer to have the matter subject to arbitration, but this was rejected by the British Government.{{citation needed|date=April 2015}} Other than the protest lodged in 1885, the British Government did not acknowledge any further protests by Argentina until the 1940s, although the official position of the Argentine Government is that "During the first half of the twentieth century, the successive Argentine governments made it standard practice to submit protests to the United Kingdom".<ref>{{cite web|url=https://esafr.cancilleria.gob.ar/userfiles/1%20Posici%C3%B3nArgentinaMalvinasENE12.pdf |title=Secretaría de Relaciones Exteriores, Argentina's Position on Different Aspects of the Question of the Malvinas Islands |publisher=Ministry of Foreign Affairs, International Trade and Worship  |access-date=4 January 2013 |url-status=dead |archive-url=https://web.archive.org/web/20121106192913/http://www.mrecic.gov.ar/portal/seree/malvinas/homeing.html |archive-date=6 November 2012 }}</ref> The Argentine Government does not identify these annual protests, but authors such as Roberto Laver<ref>{{cite book|url = https://books.google.com/books?id=cNKtX4mYVZUC |title = The Falklands/Malvinas case: breaking the deadlock in the Anglo-Argentine sovereignty dispute |last = Laver |first = Roberto C |year = 2001 |publisher = Martinus Nijhoff Publishers|pages= 88–89|isbn = 9789041115348 }}</ref> claim at least "27 sovereignty claims, both to Britain, domestically in Argentina and to international bodies". In international law, territorial claims are usually considered defunct if there is a gap of 50 years or more between protests over sovereignty.<ref name="bluth">{{cite journal | title=The British Resort to Force in the Falklands/Malvinas Conflict 1982 | author=Bluth, Christoph | journal=Journal of Peace Research |date=March 1987 | volume=24 | issue=1 | pages=5–20 | doi=10.1177/002234338702400102| s2cid=145424339 }}</ref>{{Request quotation|date=July 2019}}

Following [[World War II]], the [[British Empire]] declined and many colonies gained their independence. Argentina saw this as an opportunity to push its case for gaining sovereignty over the Falkland Islands,{{citation needed|date=March 2021}} and raised the issue in the [[United Nations]], first stating its claim after joining the UN in 1945. Following this claim, the United Kingdom offered to take the dispute over the Falkland Islands Dependencies to mediation at the [[International Court of Justice]] in [[The Hague]] (1947,<ref name="MODRAF">[https://web.archive.org/web/20110606073350/http://www.raf.mod.uk/falklands/preface.html "The Falkland Islands: A history of the 1982 conflict, Preface to a conflict"]. Royal Air Force.</ref> 1948<ref name="Times2" /> and 1955<ref name="Times2">{{cite news | title=The issue is the law | work=The Times |location=London | date=27 April 1982 | page=13}}</ref>). On each occasion Argentina declined. 

In 1965, the United Nations passed a [[United Nations General Assembly Resolution 2065|resolution]] calling on the UK and Argentina to proceed with negotiations on finding a peaceful solution to the sovereignty question which would be "bearing in mind the provisions and objectives of the [[Charter of the United Nations]] and of General Assembly resolution 1514 (XV) and the interests of the population of the Falkland Islands (Malvinas)".<ref name="UN2065">{{cite web | url=https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/2065(XX)&Lang=E&Area=RESOLUTION | title=UN 2065 (XX). Question of the Falkland Islands (Malvinas) | publisher=United Nations | work=Resolutions adopted on the reports of the Fourth Committee | date=16 December 1965}}</ref>

In 1976, the British Government commissioned a study on the future of the Falklands, which looked at the ability of the islands to sustain themselves, and the potential for economic development. The study was led by [[Edward Shackleton, Baron Shackleton|Lord Shackleton]], son of the Antarctic explorer [[Ernest Shackleton]]. Shackleton's report found that contrary to popular belief, the Falkland Islands actually produced a surplus by its economic activities and was not dependent on British aid to survive. However, the report stressed the need for a political settlement if further economic growth was to be achieved, particularly from the exploitation of any natural resources in the water around the islands. Argentina reacted with fury to the study and refused to allow Lord Shackleton permission to travel to the islands from Argentina, forcing the British to send a [[Royal Navy]] ship to transport him to the islands. In response Argentina severed diplomatic links with the UK. An Argentine naval vessel later fired upon the ship carrying Shackleton as he visited his father's grave in South Georgia.

A series of talks between the two nations took place over the next 17 years until 1981, but failed to reach a conclusion on sovereignty. Although the sovereignty discussions had some success in establishing economic and transport links between the Falklands and Argentina, there was no progress on the question of sovereignty of the islands.

After the two nations signed the Communications Agreement of 1971,<ref>{{Cite web |url=https://www.fiassociation.com/shopimages/pdfs/2.%201971%20Anglo-Argentine%20Joint%20Statement%20on%20Communications.pdf |title=1971 Agreement on Communications between the Falkland Islands and Argentina |date=16 December 2018 |access-date=16 December 2018}}</ref> whereby external communications would be provided to the Falkland Islands by Argentina, the [[Argentine Air Force]] broke the islands' airways isolation by opening an air route with an amphibious flight from [[Comodoro Rivadavia]] with [[HU-16 Albatross|Grumman HU-16B Albatross]] aircraft operated by [[LADE]], Argentina's military airline. In 1972, after an Argentine request, the United Kingdom agreed to allow Argentina to construct a temporary air strip near Stanley. On 15 November 1972 a temporary runway was inaugurated with the first arrival of a [[Fokker F-27]]; subsequent flights arrived twice weekly. Flights were improved in 1978 with [[Fokker F-28]] jets, after the completion of a permanent runway funded by the British Government. This service, the only air connection to the islands, was maintained until the 1982 war.<ref name="LADE">[http://www1.hcdn.gov.ar/proyxml/expediente.asp?fundamentos=si&numexp=4812-D-2006 "H.Cámara de Diputados de la Nación"]. {{Webarchive|url=https://web.archive.org/web/20070927190313/http://www1.hcdn.gov.ar/proyxml/expediente.asp?fundamentos=si&numexp=4812-D-2006 |date=27 September 2007 }} Ciudad Autónoma de Buenos Aires. 25 August 2006</ref><ref name="Albatross">[http://www.asociacionatta.com.ar/aviones/avion30.htm "Grumman HU-16B Albatross"]. Asociación Tripulantes de Transporte Aéreo. Argentine Air Force. {{webarchive |url=https://web.archive.org/web/20120213161530/http://www.asociacionatta.com.ar/aviones/avion30.htm |date=13 February 2012 }}</ref><ref name="FAA">[http://www.asociacionatta.com.ar/aviones/avion23.htm "Fokker F-27 Troopship/Friendship"]. Asociación Tripulantes de Transporte Aéreo. Argentine Air Force. {{webarchive |url=https://web.archive.org/web/20140222051340/http://www.asociacionatta.com.ar/aviones/avion23.htm |date=22 February 2014 }}</ref> Also [[Yacimientos Petrolíferos Fiscales|YPF]], which was then the Argentine national oil and gas company, was in charge of supplying the island regularly.<ref name="FAA_Falklands">[http://www.fuerzaaerea.mil.ar/conflicto/1971_1982.html "La Fuerza Aérea en Malvinas desde 1971 hasta 1982"]. {{webarchive |url=https://web.archive.org/web/20070114052302/http://www.fuerzaaerea.mil.ar/conflicto/1971_1982.html |date=14 January 2007 }} Argentine Air Force.</ref>

Whilst maintaining the British claim, the British Government considered a transfer of sovereignty less than two years before the outbreak of war.<ref name="Guardian">{{cite news | url=https://www.theguardian.com/uk/2005/jun/28/falklands.past | title=UK held secret talks to cede sovereignty: Minister met junta envoy in Switzerland, official war history reveals | work=The Guardian | date=28 June 2005 | access-date=5 January 2013 |last1=Norton-Taylor |first1=Richard |last2=Evans |first2=Rob }}</ref> However, the British Government had limited room for manoeuvre owing to the strength of the Falkland Islands lobby in the [[Houses of Parliament]]. Any measure that the Foreign Office suggested on the sovereignty issue was loudly condemned by the islanders, who reiterated their determination to remain British. This led to the British Government maintaining a position that the right to [[self-determination]] of the islanders was paramount. But Argentina did not recognise the rights of the islanders and so negotiations on the sovereignty issue remained at a stalemate.<ref name="GrahamBound">{{cite book | title=Falkland Islanders at War | publisher=Pen & Swords Ltd | last=Bound | first=Graham | year=2002 | isbn=1-84415-429-7}}</ref>

In 1966, a group of Argentine nationalists [[1966 Aerolineas Argentinas DC-4 hijacking|hijacked an Aerolineas Argentinas DC-4]] and forced it to land in Port Stanley, in an unsuccessful attempt to seize the islands for Argentina.

In 1976, Argentina landed an expedition in [[Southern Thule]],<ref>{{citation |title=Secret Falklands fleet revealed |url=http://news.bbc.co.uk/1/hi/uk/4597581.stm |work=BBC News |date= 1 June 2005}}</ref> an island in the [[South Sandwich Islands]] which at that time was part of the Falkland Islands Dependency. The landing was reported in the UK only in 1978, although the British government issued a rejection of the notion of sending a force of [[Royal Marines]] to dismantle the Argentine base [[Corbeta Uruguay]].

There was a more serious confrontation in 1977 when the Argentine Navy cut off the fuel supply to Port Stanley Airport and said they would no longer fly the [[Red Ensign]] in Falklands waters. (Traditionally ships in a foreign country's waters would fly the country's maritime flag as a courtesy.) The British Government suspected Argentina would attempt another expedition in the manner of its Southern Thule operation. [[James Callaghan]], the [[Prime Minister of the United Kingdom|British Prime Minister]], ordered the dispatch of a nuclear submarine, {{HMS|Dreadnought|S101|6}} and the [[frigate]]s {{HMS|Alacrity|F174|6}} and {{HMS|Phoebe|F42|6}} to the South Atlantic, with rules of engagement set in the event of a clash with the Argentine navy. The British even considered setting up an exclusion zone around the islands, but this was rejected in case it escalated matters. These events were not made public until the parliamentary debates in 1982 during the Falklands War.

== Falklands War ==
{{Main|Falklands War}}
[[File:Falkland Islands (orthographic projection).svg|thumb|upright=1.4|Location of the Falkland Islands]]

The Falklands War of 1982 was the largest and most severe armed conflict over the sovereignty of the islands. It started following the occupation of [[South Georgia and the South Sandwich Islands|South Georgia]] by Argentine scrap merchants who included some Argentine Marines. The UK had reduced its presence in the islands by announcing the withdrawal of {{HMS|Endurance|1967|6}}, the Royal Navy's icebreaker ship and only permanent presence in the South Atlantic. The UK had also denied Falkland Islanders full British [[citizenship]] under the [[British Nationality Act 1981]].

[[File:Jorge Anaya.JPG|thumb|left|upright|Commander-in-chief of the Argentine Navy, Admiral Jorge Anaya]]
In 1982, Argentina was in the midst of a devastating economic crisis and large-scale civil unrest against the repressive [[Proceso de Reorganización Nacional|military junta]] that was governing the country. On 2 April, with [[Argentine Navy]] commander-in-chief Admiral [[Jorge Anaya]] as the main architect and supporter of the operation, a combined Argentine amphibious force [[1982 invasion of the Falkland Islands|invaded the Falklands]]. Immediately, the UK severed diplomatic ties with Argentina and began to assemble a task force to retake the islands. A diplomatic offensive began, to gain support for economic and military sanctions. The [[United Nations Security Council]] issued [[United Nations Security Council Resolution 502|Resolution 502]] calling on Argentina to withdraw forces from the Falklands and on both parties to seek a diplomatic solution.<ref name="UN502">{{cite web | url=http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/435/26/IMG/NR043526.pdf?OpenElement | title=UN Resolution 502 (1982) | work=United Nations Security Council 2350th meeting | date=3 April 1982 | url-status=dead | archive-url=https://web.archive.org/web/20140203085518/http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/435/26/IMG/NR043526.pdf?OpenElement | archive-date=3 February 2014}}</ref> Another resolution<ref name="NYTimes">{{cite news | url=https://www.nytimes.com/1982/06/05/world/un-resolution-on-falkland-war.html | title=U.N. Resolution on Falkland War | work=The New York Times| date=5 June 1982 | access-date=20 November 2011}}</ref> called for an immediate ceasefire, but this was [[United Nations Security Council veto power|vetoed]] by both the United States and the United Kingdom. The European Community condemned the invasion and imposed economic sanctions on Argentina, although several EC states expressed reservations about British policy in this area.<ref name = "Columbia">[https://web.stanford.edu/class/ips216/Readings/martin_92.pdf "Sanctions during Falkland Islands Conflict"]. Columbia International Affairs Online.</ref> France and West Germany also temporarily suspended several military contracts with the Argentine military. The United States supported mediated talks, via Secretary of State [[Alexander Haig]], and initially took a neutral stance, although in private substantial material aid was made available to the UK from the moment of invasion. The US publicly supported the UK's position following the failure of peace talks.

The British Task Force began offensive action against Argentina on 23 April 1982 and recaptured South Georgia after a short naval engagement. The operation to recover the Falklands began on 1 May and after fierce naval and air engagements an amphibious landing was made at [[Port San Carlos|San Carlos Bay]] on 21 May. On 14 June the Argentine forces surrendered and control of the islands returned to the UK. Two Royal Navy ships then sailed to the [[South Sandwich Islands]] and expelled the Argentine military from [[Thule Island]], leaving no Argentine presence in the Falkland Islands Dependencies.

===Post-war===
Following the 1982 war, the British increased their presence in the Falkland Islands. [[RAF Mount Pleasant]] was constructed. This allowed fighter jets to be based on the islands and strengthened the UK's ability to reinforce the Falklands at short notice. The military garrison was substantially increased and a new garrison was established on [[South Georgia Island|South Georgia]]. The Royal Navy [[Standing Royal Navy deployments#Atlantic Patrol Task (South)|South Atlantic patrol]] was strengthened to include both HMS ''Endurance'' and a Falkland Islands guard ship.<ref>{{cite web|url=http://www.royalnavy.mod.uk/news-and-latest-activity/operations/south-atlantic/falkland-islands-patrol-vessel|title=Falkland Islands Patrol Vessel|publisher=Royal Navy|access-date=1 March 2017}}</ref>

As well as this military build-up, the UK also passed the [[British Nationality (Falkland Islands) Act 1983]], which granted full British citizenship to the islanders. To show British commitment to the islands, high-profile British dignitaries visited the Falklands, including [[Margaret Thatcher]], the [[Charles III|Prince of Wales]], and [[Princess Alexandra, The Honourable Lady Ogilvy|Princess Alexandra]]. The UK has also pursued links to the islands from Chile, which provided help to British Forces during the Falklands War. [[LATAM Chile|LATAM]] now provides a direct air link to Chile from Mount Pleasant.<ref>{{cite web|url=https://www.theguardian.com/uk/2012/mar/02/falklands-argentina-direct-flights|title=Argentine president calls for direct flights from Falklands to Buenos Aires|last=Goni|first=Uki|date=1 March 2012|work=The Guardian|access-date=1 March 2017}}</ref>

In 1985, the [[Falkland Islands Dependencies]], comprising at that time the island groups of South Georgia and the South Sandwich Islands, and [[Shag Rocks, South Georgia|Shag Rocks]] and [[Clerke Rocks]], became a distinct [[British overseas territory]] – [[South Georgia and the South Sandwich Islands]].

Under the 1985 constitution, the Falkland Islands Government (FIG) became a parliamentary representative democratic dependency, with the governor as head of government and representative of the monarch. Members of the FIG are democratically elected and the governor is effectively a figurehead. Theoretically, the governor has the power under the 2009 constitution to exercise executive authority;<ref>{{cite web |title=The Falkland Islands Constitution Order 2008 Section 56 |url=https://www.legislation.gov.uk/uksi/2008/2846/schedule/paragraph/56/made |website=legislation.gov.uk |access-date=7 February 2023}}</ref> in practice he is obliged to consult the [[Executive Council of the Falkland Islands|Executive Council]] in the exercise of his functions. The main responsibilities of the governor are external affairs and public services.<ref>{{cite web|url=http://www.fco.gov.uk/en/about-the-fco/country-profiles/south-america/falkland-islands/?profile=politics&pg=7 |title=Country Profile: Falkland Islands (British Overseas Territory) |publisher=Foreign and Commonwealth Office |date=5 November 2009 |access-date=15 March 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110524122425/http://www.fco.gov.uk/en/about-the-fco/country-profiles/south-america/falkland-islands/?profile=politics&pg=7 |archive-date=24 May 2011 }} {{dead link|reason=There is an updated profile available but this gives mostly travel information and doesn't support the foregoing statements about the constitution. Better source needed|date=April 2022}}</ref> Effectively under this constitution, the Falkland Islands are self-governing with the exception of foreign policy, although the FIG represents itself at the [[United Nations Special Committee on Decolonisation]] as the British Government no longer attends.

Relations between the UK and Argentina remained hostile after 1982 and diplomatic relations were restored in 1989. Although the United Nations General Assembly passed a resolution calling for the UK and Argentina to return to negotiations over the Falklands' future,<ref>{{cite web | url=https://www.un.org/documents/ga/res/37/a37r009.htm | title=UN A/RES/37/9. Question of the Falkland Islands (Malvinas) | publisher=United Nations General Assembly | date=4 November 1982 | access-date=15 March 2010}}</ref> the UK ruled out any further talks over the islands' sovereignty. The UK has also maintained controls on arms exports to Argentina,<ref>{{cite web | url=https://www.gov.uk/current-arms-embargoes-and-other-restrictions | title=UK current arms embargo | publisher=United Kingdom Government | access-date=6 January 2013}}</ref> although these were relaxed in 1998.<ref>{{cite news | url=https://www.nytimes.com/1998/12/18/world/britain-eases-post-falklands-arms-embargo-against-argentina.html | title=Britain Eases Post-Falklands Arms Embargo Against Argentina | work=The New York Times| agency=Reuters |date=18 December 1998 | access-date=6 January 2013}}</ref>

[[File:Acto por el 30° Aniversario de la Guerra de Malvinas en Ushuaia 03.jpg|thumb|President [[Cristina Fernández de Kirchner]] speaks during a commemoration of the 30th anniversary of the Falklands War in [[Ushuaia]], 2 April 2012]]
Relations between the UK and Argentina improved further in the 1990s. In 1998, [[Carlos Menem]], the [[President of Argentina]], visited London, where he reaffirmed his country's claims to the islands, although he stated that Argentina would use only peaceful means for their recovery. In 2001, [[Tony Blair]], [[Prime Minister of the United Kingdom]], visited Argentina and said he hoped the UK and Argentina could resolve their differences that led to the 1982 war. However, no talks on sovereignty took place during the visit, and Argentina's President [[Néstor Kirchner]] stated that he regarded gaining sovereignty over the islands as a "top priority" of his government.<ref>{{cite news | url=http://news.bbc.co.uk/hi/spanish/latin_america/newsid_3063000/3063463.stm | title=Blair y Kirchner adelantaron diálogo | work=BBC World Service | date=14 July 2003 | access-date=14 June 2010 | language=es}}</ref>

Argentina renewed claims in June 2006, citing concern over fishing and petroleum rights; the UK changed from annually granting fishing concessions, to granting a 25-year concession.<ref>{{cite news | url=https://www.telegraph.co.uk/news/worldnews/southamerica/argentina/1522729/Argentina-renews-campaign-over-Falklands-claim.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/worldnews/southamerica/argentina/1522729/Argentina-renews-campaign-over-Falklands-claim.html |archive-date=12 January 2022 |url-access=subscription |url-status=live | title=Argentina renews campaign over Falklands claim | work=The Telegraph | date=30 June 2006 | last=McDermott | first=Jeremy}}{{cbignore}}</ref> On 28 March 2009, UK Prime Minister Gordon Brown stated that there was "nothing to discuss" with [[Cristina Kirchner]], the Argentine president, over sovereignty of the islands, when they met in Chile on his world tour prior to the [[2009 G-20 London Summit]].<ref name="Times5991995">{{cite news | url=http://www.thetimes.co.uk/tto/news/politics/article2027614.ece | title=Gordon Brown rejects Argentina's claim to the Falklands | work=The Times |location=London | date=28 March 2009 | last=Bourne |first=Brendan}}</ref> On 22 April 2009, Argentina presented to the UN a formal claim to an area of the continental shelf encompassing the Falklands, South Georgia and South Sandwich Islands, and parts of Antarctica, citing 11 years' worth of maritime survey data.<ref name="BBC8011539">{{cite news | url=http://news.bbc.co.uk/2/hi/americas/8011539.stm | title=Argentina claims vast ocean area | work=BBC News | date=22 April 2009 | last=Piette |first=Candace}}</ref> The UK quickly protested these claims.<ref>{{Cite web|url=https://www.theguardian.com/uk/2009/apr/24/falklands-britain-argentina-dispute-seabed|title = Britain and Argentina dispute rights to seabed around the Falkland Islands|first=Owen |last=Bowcott |work=[[The Guardian]] |date = 23 April 2009 |access-date=4 April 2022}}</ref>

In February 2010, in response to British plans to begin drilling for oil,<ref>{{cite news | url=https://www.channel4.com/news/articles/world/americas/oil%2bdrilling%2bbegins%2bin%2bthe%2bfalkland%2bislands/3554857.html | title=Oil drilling begins in the Falkland Islands | work=Channel 4 News | date=21 February 2010 |access-date=4 April 2022}}</ref> the Argentine government announced that ships travelling to the Falklands (as well as South Georgia and the South Sandwich Islands) would require a permit to use Argentine territorial waters. The British and Falkland governments stated that this announcement did not affect the waters surrounding the islands.<ref>{{cite news | url=http://news.bbc.co.uk/1/hi/world/americas/8518982.stm | title=Argentina toughens shipping rules in Falklands oil row | work=BBC News | date=17 February 2010}}</ref><ref>{{cite press release|url=http://www.casarosada.gov.ar/index.php?option=com_content&task=view&id=6926 |title=Press conference with Chief Cabinet Aníbal Fernández (Conferencia de Prensa del Jefe de Gabinete Aníbal Fernández) |date=16 February 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100326214059/http://www.casarosada.gov.ar/index.php?option=com_content&task=view&id=6926 |archive-date=26 March 2010 }}</ref> Despite the new restrictions, [[Desire Petroleum]] began drilling for oil on 22 February 2010, about {{convert|100|km|nmi|disp=output only|abbr=off}} ({{cvt|100|km|mi|disp=comma}}) north of the Falklands.<ref>{{cite news | url=http://news.bbc.co.uk/2/hi/americas/8527307.stm | title=Drilling for oil begins off the Falkland Islands | work=BBC News | date=22 February 2010 | access-date=22 February 2010}}</ref>

In 2011 the [[Mercosur]] bloc agreed to close ports to ships flying the Falkland Islands flags, whilst other British-flagged ships would continue to be allowed.<ref>{{cite news | url=http://www.economist.com/node/21542183 | author = <!-- Staff writer(s); no by-line --> | title=Argentina and the Falklands: Rocking the boat | newspaper=The Economist | date=31 December 2011 | access-date=16 January 2013}}</ref>

In March 2013 the Falkland Islanders voted overwhelmingly in a [[2013 Falkland Islands sovereignty referendum|referendum]] for the territory to remain British. Argentina dismissed this referendum.<ref>{{cite news | url=https://www.theguardian.com/uk/2013/feb/01/uk-disappointed-argentina-talks-falklands | title=UK 'disappointed' as Argentina turns down talks over Falklands. | work=The Guardian | date=1 February 2013 | access-date=26 January 2014 | last=Borger |first=Julian}}</ref><ref>{{cite news | url=https://www.theguardian.com/uk/2013/mar/12/falkland-islands-referendum-votes-yes | title=Falkland Islands: respect overwhelming 'yes' vote, Cameron tells Argentina |first1=Jonathan |last1=Watts |first2=Uki |last2=Goni | work=The Guardian | date=12 March 2013 | access-date=12 March 2013}}</ref> The British Government urged Argentina and other countries to respect the islanders' wishes.<ref name="BBC News">{{cite news | url=https://www.bbc.co.uk/news/uk-21750909 | title=Falklands referendum: Voters choose to remain UK territory | work=BBC News | date=12 March 2013}}</ref>
{{Clear}}

==Current claims==
{{See also|List of Falkland Islands placenames}}

===Argentina===
[[File:Malvinas123.JPG|thumb|Falklands War memorial in Argentina, 2015]]
The Argentine government argues that it has maintained a claim over the Falkland Islands since 1833.<ref>{{cite web|url=http://www.lanacion.com.ar/nota.asp?nota_id=1140883 |title=Malvinas: la ONU hará más gestiones para abrir el diálogo |publisher=Lanacion.com.ar |access-date=15 March 2010}}</ref> It considers the archipelago part of the [[Tierra del Fuego Province (Argentina)|Tierra del Fuego Province]], along with [[South Georgia Island|South Georgia]] and the [[South Sandwich Islands]].

Supporters of the Argentine position make the following claims:
* That sovereignty of the islands was transferred to Argentina from Spain upon independence in 1816,<ref name="hasani">{{cite journal | url=http://operationkosovo.kentlaw.edu/symposium/resources/hasani-fletcher.htm | title=Uti Possidetis Juris: From Rome To Kosovo | author=Hasani, Enver | journal=Fletcher Forum of World Affairs}}</ref> a principle known as ''[[uti possidetis juris]]''.
* That the British dropped their claim by [[acquiescence]] by not protesting the many years of peaceful and effective Spanish occupation, after the abandonment of Port Egmont.<ref name="rizzo-romano">{{cite journal | url=http://www.malvinasonline.com.ar/index.php/derecho-internacional/articulos/100-el-estoppel-y-la-problematica-juridicospolitica-de-las-islas-malvinas.html | title=El estoppel y la problemática jurídicopolítica de las Islas Malvinas | author1=Rizzo Romano | author2=Alfredo H. | journal=La Ley | year=1987 | volume=A | issue=847 | quote=El Reino Unido jamás protestó o efectuó reserva alguna ante la larga, pacífica, efectiva y pública posesión hispana sobre las Islas Malvinas y sus dependencias del Atlántico Sur, durante casi 60 años; plazo mucho mayor que el exigido por tribunales internacionales para adquirir por prescripción. ''English:'' The United Kingdom never protested or expressed reservations during the long, peaceful, effective and public Spanish possession over the Falkland Islands and its dependencies, during almost 60 years; a period much longer than the required by international tribunals for acquisition by prescription to occur. | url-status=dead | archive-url=https://web.archive.org/web/20110905074400/http://www.malvinasonline.com.ar/index.php/derecho-internacional/articulos/100-el-estoppel-y-la-problematica-juridicospolitica-de-las-islas-malvinas.html | archive-date=5 September 2011}}</ref><ref name="RREE">{{cite book | url=http://www.cescem.org.ar/malvinas/historia/pag05.html | title=Historia de las Relaciones Exteriores Argentinas | publisher=GEL/Nuevohacer | year=2000 | access-date=4 September 2012 | author1=Escude, Carlos | author2=Cisneros, Andres | language=es | isbn=950-694-546-2 | quote=De este modo, a lo largo de 47 años (1764-1811) España ocupó ininterrumpidamente las islas perfeccionando sus derechos. ''English:'' In this way, during 47 years (1764-1811) Spain uninterruptedly occupied the islands, perfecting its rights.}}</ref><ref name="Oxford1988"/>{{rp|34–35}}
* That, in addition to ''uti possidetis juris'', sovereignty was obtained when the islands were formally claimed in Argentina's name in 1820, followed by Argentina's confirmation and effective occupation from 1826 to 1833.<ref>Gustafson, pp. 21–25. "But at the very least, Jewitt had publicly claimed possession in the name of Argentina, whose government could later confirm or deny his claim. The government would confirm Jewitt's claim." (p. 22)</ref><ref name="Reisman">{{cite journal | url=http://digitalcommons.law.yale.edu/fss_papers/726/ | title=The Struggle for The Falklands | publisher=Yale Law School | journal=The Yale Law Journal | year=1983 | volume=93 | issue=2 | page=299 | first1=W. Michael | last1=Reisman| doi=10.2307/796308 | jstor=796308 }}</ref><ref name="Hope">{{cite journal | last1 = Hope | 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 = 413–416 | url = http://lawdigitalcommons.bc.edu/iclr/vol6/iss2/3/ }}</ref>
* That the [[Reassertion of British sovereignty over the Falkland Islands (1833)|establishment of British ''de facto'' rule on the Falklands]] in 1833 (referred to as an "act of force" by Argentina) was illegal under international law, and this has been noted and protested by Argentina on 17 June 1833 and repeated in 1841, 1849, 1884, 1888, 1908, 1927, 1933, 1946, and yearly thereafter in the UN.<ref>[[:s:es:Protesta diplomática de la Argentina por la ocupación de las Malvinas en 1833|Argentine diplomatic protest for the occupation of the Malvinas in 1833]]</ref>{{sfn|Gustafson|1988|p=34}}
* That the principle of self-determination is not applicable to this sovereignty question because, as Argentina argues, the current inhabitants are a "transplanted population", of British character and nationality, brought to replace the Argentine population, not a distinct "people" as required by external self-determination doctrine.<ref name="ArgentineMinistryForeignAffairs">[http://www.cancilleria.gov.ar/es/history Argentina’s Position on Different Aspects of the Question of the Malvinas Islands] {{Webarchive|url=https://web.archive.org/web/20131109211409/http://cancilleria.gov.ar/es/history |date=9 November 2013 }}.</ref><ref name="Brilmayer">{{cite journal | last1 = Brilmayer | first1 = Lea | author-link = Lea Brilmayer | title = Secession and Self-Determination: A Territorial Interpretation | journal = Yale Journal of International Law | volume = 16 | pages = 177–202 | year = 1991 | url = http://digitalcommons.law.yale.edu/fss_papers/2434/ }}</ref>{{Failed verification|date=April 2013}}
* That self-determination is further rendered inapplicable due to the disruption of the territorial integrity of Argentina that began with a forceful removal of its authorities in the islands in 1833, thus there is a failure to comply with an explicit requirement of UN Resolution 1514 (XV).<ref name = "ArgentineMinistryForeignAffairs"/><ref name = "Brilmayer"/>
* That the UN ratified this inapplicability of self-determination when the Assembly rejected proposals to condition sovereignty on the wishes of the islanders.<ref name = "ArgentineMinistryForeignAffairs"/>
* That the islands are located on the continental shelf facing Argentina, which would give them a claim, as stated in the [[Convention on the Continental Shelf|1958 UN Convention on the Continental Shelf]].<ref>Although a signatory to the 1958 convention, Argentina never ratified the convention.{{cite web |title=Multilateral treaties deposited with the Secretary-General- TREATY I-XXI--4.asp |url=http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXXI/treaty4.asp |url-status=dead |archive-url=https://web.archive.org/web/20080516060801/http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXXI/treaty4.asp |archive-date=16 May 2008 |access-date=11 March 2008}}[http://www.treaty.un.org/LibertyIMS::/Cmd=Request;Request=TREATYBYLOC;Form=none;VF_Volume=UNVOL13;VF_File=00000453;Page=1;Type=page] {{webarchive|url=https://web.archive.org/web/20070626172844/http://www.treaty.un.org/LibertyIMS%3A%3A/Cmd%3DRequest%3BRequest%3DTREATYBYLOC%3BForm%3Dnone%3BVF_Volume%3DUNVOL13%3BVF_File%3D00000453%3BPage%3D1%3BType%3Dpage|date=26 June 2007}} Convention on the Continental Shelf, Geneva, 29 April 1958. UN.org. The 1958 Convention was superseded by 1982 [[United Nations Convention on the Law of the Sea]], ratified by Argentina in 1995. Rupert Cornwall [http://www.globalpolicy.org/component/content/article/198-natural-resources/48767-could-oil-exploration-of-the-falklands-lead-to-a-renewal-of-hostilities.html Could Oil Exploration of the Falklands Lead to a Renewal of Hostilities?]. [[The Independent]], 23 February 2010; cited by the [[Global Policy Forum]]</ref>
* That Great Britain was looking to extend its territories in the Americas as shown with the [[British invasions of the Río de la Plata]] years earlier.<ref>{{cite book |title= Los conflictos armados |last= Luna |first= Félix |author-link= Félix Luna |year= 2003 |publisher= La Nación |location= Buenos Aires |isbn= 950-49-1123-4|pages=12–17}}</ref>

====The Nootka Sound Conventions====
In 1789, both the United Kingdom and Spain attempted settlement in the [[Nootka Sound]], on [[Vancouver Island]]. On 25 October 1790, these two kingdoms approved the [[Nootka Convention|Nootka Sound Convention]]. In a secret article, it was stated that this was conditional on no third party settling in the areas mentioned in article 6 of the treaty. The conventions were unilaterally repudiated by Spain in 1795<ref name="Dubov2020">{{cite book|author=Kalman Dubov|title=Journeys to Antarctica: Review & Analysis|url=https://books.google.com/books?id=nBIIEAAAQBAJ&pg=PT75|date=10 November 2020|publisher=Kalman Dubov|pages=75ff|id=GGKEY:PHSWYUL1X8F}}</ref> but implicitly revived by the [[Treaty of Madrid (1814)|Treaty of Madrid]] in 1814.<ref name="Dubov2020"/>

Article 4 reads:

{{blockquote|His Britannic majesty engages to take the most effectual measure to prevent the navigation and fishery of his subjects, in the Pacific Ocean or in the South-Seas, from being made a pretext for illicit trade with the Spanish settlements; and, with this view, it is moreover expressly stipulated, that British subjects shall not navigate or carry on their fishery, in the said seas, within the space of ten sea-leagues from any part of the coasts already occupied by Spain.}}

Article 6 reads:<ref name="nootka">E.O.S Scholefield [http://www.ourroots.ca/e/page.aspx?id=267207 British Columbia from Earliest Times to Present] {{webarchive|url=https://web.archive.org/web/20070929095542/http://www.ourroots.ca/e/page.aspx?id=267207 |date=29 September 2007 }}. p. 666</ref>
{{blockquote|It is further agreed with respect to the eastern and western coasts of South America and the islands adjacent, that the respective subjects shall not form in the future any establishment on the parts of the coast situated to the south of the parts of the same coast and of the islands adjacent already occupied by Spain; it being understood that the said respective subjects shall retain the liberty of landing on the coasts and islands so situated for objects connected with their fishery and of erecting thereon huts and other temporary structures serving only those objects.}}

Whether or not this affected sovereignty over the islands is disputed. The British argue that the agreement did not affect the respective claims and only stipulated that neither party would make further establishments on the coasts or "adjacent" islands already held by Spain.<ref name="RichardD.Chenette">{{cite news|title=The Argentine Seizure of the Malvinas [Falkland] Islands: History and Diplomacy|url=http://www.globalsecurity.org/military/library/report/1987/CRD.htm|access-date=27 May 2013|date=May 2008}}</ref> Argentina argues that "the islands adjacent" includes the Falklands and that the UK renounced any claim by the agreements.<ref>{{cite book |last= Todini |first= Bruno |title= Falkland Islands, History, War and Economics. Chapter 2: Beginning of the disputes over the Falkland islands sovereignty among Spanish, British and French |year= 2007 |isbn= 978-84-690-6590-7 |url= http://www.eumed.net/libros/2007b/278/3.htm |pages= 252–53 |publisher= Juan Carlos Martínez Coll |access-date= 27 February 2010 |archive-url= https://web.archive.org/web/20091129140146/http://www.eumed.net/libros/2007b/278/3.htm |archive-date= 29 November 2009 |url-status= dead}}</ref>

====Constitution of Argentina====
The Argentine claim is included in the transitional provisions of the [[Constitution of Argentina]] as [[1994 amendment of the Argentine Constitution|amended in 1994]]:<ref>{{cite web|url=http://www.senado.gov.ar/web/interes/constitucion/cuerpo1.php |title=Constitución Nacional |date=22 August 1994 |access-date=17 June 2011 |language=es |url-status=dead |archive-url=https://web.archive.org/web/20040617152239/http://www.senado.gov.ar/web/interes/constitucion/cuerpo1.php |archive-date=17 June 2004 }}</ref><ref>{{cite web|url=http://www.senado.gov.ar/web/interes/constitucion/english.php |title=Constitution of the Argentine Nation |date=22 August 1994 |access-date=17 June 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110604215413/http://www.senado.gov.ar/web/interes/constitucion/english.php |archive-date=4 June 2011 }}</ref>

{{blockquote|The Argentine Nation ratifies its legitimate and non-prescribing sovereignty over the Malvinas, Georgias del Sur and Sandwich del Sur Islands and over the corresponding maritime and insular zones, as they are an integral part of the National territory.

The recovery of these territories and the full exercise of sovereignty, respecting the way of life for its inhabitants and according to the principles of international law, constitute a permanent and unwavering goal of the Argentine people.}}

In addition, Argentina demonstrates its claim to the islands by stating they are part of its [[Tierra del Fuego Province, Argentina|Tierra del Fuego Province]].

===United Kingdom===
[[File:Falklands-Police.JPG|thumb|right|British style police]]
In 1964 the Argentine government raised the matter at the [[United Nations]] in a sub-committee of the Special Committee on the situation with regard to the implementation of the UN Declaration of the Granting of Independence to Colonial Countries and Peoples. In reply, the British Representative on the committee declared that the British Government held that the question of sovereignty over the islands was "not negotiable". Following a report by the Special Committee, [[UN General Assembly Resolution]] 2065 was passed on 16 December 1965. In its preamble it referred to the UN's "cherished aim to bring colonialism to an end everywhere", and invited both nations to proceed with negotiations to find a peaceful solution bearing in mind "the interests of the population of the Falkland Islands (Malvinas)".<ref name="UN2065" /><ref name="Franks">{{cite book | title=Falkland Islands Review: Report of a Committee of Privy Counsellors. Chmn.Lord Franks | publisher=Pimlico Books | last=Franks |first=Oliver |author-link=Oliver Franks, Baron Franks | year=1992 | isbn=9780712698405}}</ref>

In January 1966 the British Foreign Secretary, Michael Stewart, visited Buenos Aires when the Argentine claim to the islands was raised with him, following which, in July, a preliminary meeting was held in London, where the British delegation "formally rejected" the Argentine Ambassador's suggestion that the UK's occupation of the Islands was illegal.<ref name = "Franks"/>

On 2 December 1980, [[Nicholas Ridley, Baron Ridley of Liddesdale|Nicholas Ridley]], Minister of State at the Foreign and Commonwealth Office, stated in the [[British House of Commons|House of Commons]]: "We have no doubt about our sovereignty over the Falkland Islands&nbsp;... we have a perfectly valid title".<ref name = "Franks"/> The British government regards the right of the islanders to self-determination as "paramount"<ref name = "Franks"/><ref name="Bryant">{{cite web | url=http://en.mercopress.com/2010/03/29/falklands-no-return-to-the-80s-tacit-uk-argentine-agreement | title=Falklands: 'No return to the 80s', tacit UK/Argentine agreement | publisher=MercoPress South Atlantic News Agency | date=29 March 2010 | access-date=4 April 2010 | quote=...&nbsp;'as a country and as democrats we believe in self determination, and if the people of the Islands want to remain British, that is their choice and we will always support them', said [Foreign Office minister Chris] Bryant who insisted that 'we have no doubts as to whom the Falklands belong'. Besides in the European Union Lisbon Treaty 'it is clearly spelled out that the Falklands belong to Britain'.}}</ref> and rejects the idea of negotiations over sovereignty without the islanders' consent.<ref>{{cite press release | url=http://www.fco.gov.uk/en/news/latest-news/?id=719215682&view=News | title=Falkland Islanders must be masters of their own fate | location=United Kingdom | publisher=Foreign & Commonwealth Office | date=21 January 2012 | access-date=30 June 2012}}</ref> Supporters of the British position argue:
* That [[self determination]] is a universal right enshrined in the [[UN charter]], and applies in the case of the Falkland Islanders.<ref>[http://en.mercopress.com/2012/01/25/uk-says-falklands-self-determination-is-a-universal-right-enshrined-in-un-charter "UK says Falklands' self determination is a universal right enshrined in UN charter"]. ''MercoPress'', 25 January 2013</ref><ref name=FalklandIslands(BOT) />
* That the 2013 [[2013 Falkland Islands sovereignty referendum|referendum]], in which 99.8% of Falklands voters voted to remain a [[British Overseas Territory]] on a 92% turnout, was an exercise in self-determination that "demonstrated beyond all doubt" the islanders' views on the dispute; and that the result should be respected by all other countries including Argentina.<ref name="BBC News"/><ref>{{cite news | url=https://www.theguardian.com/uk/2013/mar/12/falkland-islands-referendum-votes-yes | title=Falkland Islands: respect overwhelming 'yes' vote, Cameron tells Argentina | work=The Guardian | date=12 March 2013}}</ref><ref>{{Cite web|url=https://www.gov.uk/international/government-topics-foreign-affairs-falkland-islanders-right-to-self-determination|title=Falkland Islanders' right to self-determination |website=GOV.UK|date=21 December 2018 }}</ref>
* That the UK both claimed and settled the islands in 1765 before Argentina existed.<ref name="RichardD.Chenette" />
* That the 1771 Anglo-Spanish agreement preserved the claims of both Spain and Britain, not Spain alone.<ref name="Pascoe&Pepper">{{cite news|title=False Falklands History at the United Nations|url=http://www.falklandshistory.com/false-falklands-history.pdf|access-date=27 July 2013|date=May 2012|archive-url=https://web.archive.org/web/20160304050225/http://www.falklandshistory.com/false-falklands-history.pdf|archive-date=4 March 2016|url-status=dead}}</ref>
* That the UK abandoned its settlement in 1774 due to economic pressures, but left a plaque behind proving sovereignty was not relinquished.<ref name="RichardD.Chenette" />
* That the [[Nootka Sound Convention]] only stipulated against further establishments and did not affect existing claims to sovereignty.<ref name="RichardD.Chenette" />
* That ''[[uti possidetis juris]]'' "is not a universally accepted principle of international law" and Argentina could not inherit the islands upon independence anyway as Spain did not have ''[[de facto]]'' control since 1811.<ref name="COFFEY">{{cite news | url=http://www.washingtontimes.com/news/2012/mar/2/falklands-are-british-not-argentine/?page=all | title=Coffey: Falklands are British, not Argentine | work=Washington Times | date=March 2012 | access-date=7 June 2013}}</ref>
* That Argentina's attempts to colonise the islands were ineffectual and there was no indigenous or settled population before British settlement.<ref name="FalklandIslands(BOT)">{{cite web | url=http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/south-america/falkland-islands/?profile=all | archive-url=https://web.archive.org/web/20120925223037/http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/south-america/falkland-islands/?profile=all | archive-date=25 September 2012 | title=Travel Advice: Falkland Islands (British Overseas Territory) | publisher=British Foreign & Commonwealth Office (FCO) | date=March 2012}}</ref>
* That in 1833 an Argentine garrison was expelled but the civilian residents were encouraged to stay.<ref name="Pascoe&Pepper" />
* That the islands have been continuously and peacefully occupied by the UK since 1833, with the exception of "2 months of illegal occupation" by Argentina.<ref name=FalklandIslands(BOT) />
* That the [[Arana-Southern Treaty]] of 1850 (the 'Convention of Settlement') ended all possible claims by Argentina on the Falkland Islands.<ref name="Pascoe&Pepper" /><ref name="FCO">{{cite press release|url=http://ukun.fco.gov.uk/en/news/?view=News&id=727828282 |archive-url=http://webarchive.nationalarchives.gov.uk/20130217073211/http://ukun.fco.gov.uk/en/news/?view=News&id=727828282 |url-status=dead |archive-date=17 February 2013 |title=UK Ambassador responds to 'manifestly absurd' Argentine claims (Transcript of a Press Conference held by Ambassador Sir Mark Lyall Grant) |publisher=United Kingdom Mission to the United Nations |date=10 February 2012 |access-date=27 July 2013 }}</ref>
* That Argentine leaders indicated in the 1860s that there was no dispute between Argentina and the UK, and that Argentine maps printed between 1850 and 1884 did not show the islands as part of Argentina.<ref name="Pascoe&Pepper" />
* That the UN [[Special Committee on Decolonization]] resolutions calling for negotiations "are flawed because they make no reference to the Islanders' right to choose their own future".<ref name="FalklandIslands(BOT)" />
* The [[European Union]] [[Treaty of Lisbon]] ratifies that the Falkland Islands belong to the United Kingdom.<ref name="Bryant" />

====Falkland Islands Constitution====
The [[Constitution of the Falkland Islands]], which came into force on 1 January 2009, claims the right to self-determination, specifically mentioning political, economic, cultural, and other matters.<ref name = "Falkland Islands Constitution">{{cite legislation UK |type=si |year=2008 |number=2846 |schedule=0 |si=The Falkland Islands Constitution Order 2008 |access-date=4 April 2022}}. Chapter 1</ref>

===International and regional views===
Argentina has pursued an aggressive diplomatic agenda, regularly raising the issue and seeking international support. [[South America]]n countries have expressed support for the Argentine position and called for negotiations to restart at regional summits.<ref>{{cite web | url=https://researchbriefings.files.parliament.uk/documents/SN05602/SN05602.pdf | title=Argentina and the Falkland Islands | publisher=House of Commons Library | access-date=22 February 2013 | author=Miller, Vaughne}}</ref> The [[People's Republic of China]] has backed Argentina's sovereignty claim, reciprocating Argentina's support of the PRC claim to [[Geography of Taiwan|Taiwan]],<ref name="diplomaticoffensive">{{cite news | url=https://www.bbc.co.uk/news/world-latin-america-18424768 | title=Q&A: Argentina's diplomatic offensive on Falklands | work=BBC News | date=14 June 2012 | access-date=22 February 2013}}</ref> while the Republic of China on Taiwan (as of 2013) has acknowledged British sovereignty of the Falkland Islands.<ref>{{cite web |url-status=dead |archive-url=https://web.archive.org/web/20131014145858/http://www.boca.gov.tw/ct.asp?xItem=3346&ctNode=753&mp=1 |archive-date=14 October 2013 | url=http://www.boca.gov.tw/ct.asp?xItem=3346&ctNode=753&mp=1 | title=英屬福克蘭群島 Falkland Islands | publisher=Bureau of Consular Affairs, Ministry of Foreign Affairs, Republic of China (Taiwan) | access-date=26 November 2013|language=zh}}</ref> Although the [[Soviet Union]] abstained from [[United Nations Security Council Resolution 502|UNSC 502]], [[Russia]]n president [[Vladimir Putin]] has since voiced sympathy for Argentina's position<!-- [[WP:RS/P|Unreliable]] Daily Express source removed --> after former [[President of Argentina]] [[Cristina Fernández de Kirchner]] voiced criticism against countries which condemned the [[2014 Crimean status referendum]].<ref>{{Cite web|title=Falkland Islands and Crimea the new cold war|url=https://en.mercopress.com/2014/05/07/falkland-islands-and-crimea-the-new-cold-war|access-date=2021-11-02|website=MercoPress|language=en}}</ref><ref>{{Cite web|title=Malvinas/Crimea: Cristina Fernandez blasts UK on 'double standard'|url=https://en.mercopress.com/2014/03/18/malvinas-crimea-cristina-fernandez-blasts-uk-on-double-standard|access-date=2021-11-02|website=MercoPress|language=en}}</ref><ref>{{Cite web|title=Argentina blasts double-standard in addressing Crimea and Malvinas|url=https://en.mercopress.com/2014/03/20/argentina-blasts-double-standard-in-addressing-crimea-and-malvinas|access-date=2021-11-02|website=MercoPress|language=en}}</ref><ref>{{Cite web|title=Putin rings Cristina Fernandez to praise her Falklands/Crimea double-standard argument|url=https://en.mercopress.com/2014/03/26/putin-rings-cristina-fernandez-to-praise-her-falklands-crimea-double-standard-argument|access-date=2021-11-02|website=MercoPress|language=en}}</ref>

Since 1964, Argentina has lobbied its case at the [[Special Committee on Decolonization|Decolonization Committee of the UN]], which annually recommends dialogue to resolve the dispute. The [[UN General Assembly]] has passed several resolutions on the issue. In 1988, the General Assembly reiterated a 1965 request that both countries negotiate a peaceful settlement to the dispute and respect the interests of the Falkland Islanders and the principles of UN GA resolution 1514.<ref>{{cite web | url=http://www.staff.city.ac.uk/p.willetts/SAC/UN/UN-LIST.HTM | title=United Nations Documents on the Falklands-Malvinas Conflict | publisher=South Atlantic Council | access-date=22 February 2013}}</ref>

The United States and the European Union recognise the de facto administration of the Falkland Islands and take no position over their sovereignty.<ref name=diplomaticoffensive/><ref>{{cite web | url=https://2009-2017.state.gov/r/pa/prs/ps/2012/01/182294.htm | title=U.S. Position on the Falkland (Malvinas) Islands | publisher=US Department of State | access-date=22 February 2013}}</ref> The islands were subject to EU law in some areas until 2020 when [[Brexit|the UK left the EU]]. The [[Commonwealth of Nations]] listed the islands as a [[British Overseas Territory]] in their 2012 yearbook.<ref>{{cite book | url=http://www.commonwealth-of-nations.org/xstandard/united_kingdom_country_profile.pdf | title=The Commonwealth Yearbook 2012 | publisher=Commonwealth Secretariat | year=2012 | isbn=978-0-9563060-9-8}}</ref> The [[Falkland Islands at the Commonwealth Games|Falkland Islands]] have competed in nine editions of the Commonwealth Games since 1982.<ref name=CGF>{{cite web|url=https://thecgf.com/countries/falkland-islands|title=Falkland Islands|publisher=[[Commonwealth Games Federation]]|access-date=21 July 2020}}</ref><ref name=GLASGOW>{{cite web|url=http://results.glasgow2014.com/nation/FLK/falkland_islands.html|title=Glasgow 2014 - Nations|publisher=Results.glasgow2014.com|access-date=22 April 2018}}</ref> At [[Organization of American States|OAS]] summits, Canada has continued to state its support for the islanders' right to self-determination.<!-- [[WP:RS/P|Unreliable]] Daily Express source removed --><ref>{{cite news | url=http://en.mercopress.com/2015/06/17/oas-declaration-in-support-of-malvinas-uk-argentina-talks-canada-disagreed | title=OAS declaration in support of Malvinas UK/Argentina talks; Canada disagreed| work=Mercopress| date=17 June 2015}}</ref>

{{Gallery
|align=center
|width=350
|height=280
|perrow=1
|captionstyle=text-align:center;
|Image:Falkland Islands topographic map-en.svg|Map of the Islands, with British names
|Image:Falkland Islands topographic map-es (argentinian names places).svg|Map of the Islands, with Argentine names
}}

==Footnotes==
{{Reflist|group=Note}}

==See also==
*[[South Georgia and the South Sandwich Islands sovereignty dispute]]
*[[East Patagonia, Tierra del Fuego and Strait of Magellan Dispute]]

==References==
{{Reflist}}

==Sources==
{{Refbegin}}
* {{citation |editor1-first=Carlos |editor1-last=Escudé |editor2-first=Andrés |editor2-last=Cisneros |url=http://www.cema.edu.ar/ceieg/arg-rree/historia_indice00.htm |archive-url=https://archive.today/20070528111721/http://www.cema.edu.ar/ceieg/arg-rree/historia_indice00.htm |url-status=dead |archive-date=28 May 2007 |title=Historia de las Relaciones Exteriores Argentinas |publisher=GEL/Nuevohacer under auspices of Argentine Council for International Relations (CARI) |location=Buenos Aires |year=2000 |language=es |isbn=950-694-546-2 }}
* {{citation |first=Lt Cdr Richard D, USN |last=Chenette |url=http://www.globalsecurity.org/military/library/report/1987/CRD.htm |title=The Argentine Seizure of the Malvinas (Falkland) Islands: History and Diplomacy |publisher=US Marine Corps Staff College Research Paper |year=1987}}
* {{citation |first=Laurio H. |last=Destéfani |title=The Malvinas, the South Georgias and the South Sandwich Islands, the conflict with Britain |location=Buenos Aires |publisher=Edipress |year=1982 |isbn=950-01-6904-5}}
* {{citation |first=Robert |last=Fox |title=Eyewitness Falklands  |publisher=Mandarin |year= 1992 |isbn= 0-7493-1215-7}}
* {{citation |last=Greig |first=D.W |url=http://www.austlii.com/au/journals/AUYrBkIntLaw//1978/2.pdf |title=Sovereignty and the Falkland Islands Crisis |work=Australian Year Book of International Law |volume=8 |year=1983 |pages=20–70}}
* {{citation |first1=Max |last1=Hastings |author-link1=Max Hastings |first2=Simon |last2=Jenkins |author-link2=Simon Jenkins |title=The Battle for the Falklands  |publisher=Pan |year= 1997 |isbn= 0-330-35284-9}}
* Hope, Adrián F. J. "Sovereignty and decolonization of the Malvinas (Falkland) Islands." ''Boston College International and Comparative Law Review'' 6 (1983): 391+ [https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1518&context=iclr online].
* Metford, J. C. J. "Falklands or Malvinas? The background to the dispute." ''International Affairs'' 44.3 (1968): 463–481. [https://doi.org/10.2307/2615026 online]

{{Refend}}

==Further reading==
{{refbegin}}
* {{cite journal|last = Raimondo|first = F.|date = 2012|title = The Sovereignty Dispute over the Falklands/Malvinas: What Role for the UN?|journal = [[T.M.C. Asser Instituut#Publisher|Neth. Int. Law Rev.]]|volume = 59|issue = 3|pages = 399–423|doi = 10.1017/S0165070X12000277|s2cid = 145587892}}
{{refend}}

{{Falkland Islands topics}}
{{Foreign relations of Argentina}}
{{Foreign relations of the United Kingdom}}
{{Territorial disputes involving Argentina}}{{Military historiography}}
[[Category:Falkland Islands sovereignty dispute| ]]
[[Category:Argentina–United Kingdom relations]]
[[Category:International disputes]]
[[Category:Politics of the Falkland Islands|Sovereignty dispute]]
[[Category:Territorial disputes of Argentina]]
[[Category:Territorial disputes of the United Kingdom]]