In 2008, Graham Pascoe and Peter Pepper, two British authors who are not academics, published both in English and in Spanish a pamphlet entitled "Getting it Right: the Real History of the Falklands/Malvinas". Since then, a variety of versions of this pamphlet have been published, some abridged, and some not; the most recent version, officially distributed by the British government in the United Nations Decolonization Committee in June 2015, was pompously entitled: "False Falklands History at the United Nations. How Argentina misled the UN in 1964 - and still does". This simply constitutes an attempt to rewrite history. British pamphlet tries in vain to distort the the solid historical-legal arguments which prove Argentine sovereignty and to convince the reader that the islands are inhabited by a multinational population entitled to the right of self-determination. The work of Marcelo Kohen and Facundo Rodr�guez refutes each of the new British arguments, both from the historical and legal point of view. It gives the reader first-hand information, much of it hitherto not exploited in the abundant bibliography. It is an indispensable source for understanding the positions of the parties to the dispute whose solution is still pending.
First published in 1985, The Falklands War was the first comprehensive work of its kind. The book brings together a wealth of work by scholars and practitioners in the fields of diplomacy, military affairs, and international politics and law. It provides a comprehensive and objective overview of the Falklands War and the underlying crisis that continued following it. This volume is a detailed study suitable for anyone wishing to expand their knowledge of the Falklands War.
The Falklands Saga presents abundant evidence from hundreds of pages of documents in archives and libraries in Buenos Aires, La Plata, Montevideo, London, Cambridge, Stanley, Paris, Munich and Washington DC, some never printed before, many printed here for the first time, in English and, where different, in their original languages, Spanish, French, German, Italian, Latin or Dutch. It provides the facts to correct the fallacies and distortions in accounts by earlier authors. It reveals persuasive evidence that the Falklands were discovered by a Portuguese expedition at the latest around 1518-19, and not by Vespucci or Magellan. It demonstrates conclusively that the Anglo-Spanish agreement of 1771 did not contain a reservation of Spanish rights, that Britain did not make a secret promise to abandon the islands, and that the Nootka Sound Convention of 1790 did not restrict Britain's rights in the Falklands, but greatly extended them at the expense of Spain. For the first time ever, the despairing letters from the Falklands written in German in 1824 to Louis Vernet by his brother Emilio are printed here in full, in both the original German and in English translation, revealing the total chaos of the abortive 1824 Argentine expedition to the islands. This book reveals how tiny the Argentine settlement in the islands was in 1826-33. In April 1829 there were only 52 people, and there was a constant turnover of population; many people stayed only a few months, and the population reached its maximum of 128 only for a few weeks in mid-1831 before declining to 37 people at the beginning of 1833. This work also refutes the falsehood that Britain expelled an Argentine population from the Falklands in 1833. That myth has been Argentina's principal propaganda weapon since the 1960s in its attempts to undermine Falkland Islanders' right to self-determination. In fact Britain encouraged the residents to stay, and only a handful left the islands. A crucial document printed here is the 1850 Convention of Peace between Argentina and Britain. At Argentina's insistence, this was a comprehensive peace treaty which restored "perfect friendship" between the two countries. Critical exchanges between the Argentine and British negotiators are printed here in detail, which show that Argentina dropped its claim to the Falklands and accepted that the islands are British. That, and the many later acts by Argentina described here, definitively ended any Argentine title to the islands. The islands' history is placed in its world context, with detailed accounts of the First Falklands Crisis of 1764-71, the Second Falklands Crisis of 1831-3, the Years of Confusion (1811-1850), and the Third Falklands Crisis of 1982 (the Falklands War), as well as a Falklands perspective on the First and Second World Wars, including the Battle of the Falklands (1914) and the Battle of the River Plate (1939), with extensive details and texts from German sources. The legal status of the Falklands is analysed by reference to legal works, to United Nations resolutions on decolonisation, and to rulings by the International Court of Justice, which together demonstrate conclusively that the islands are British territory in international law and that the Falkland Islanders, who have now (2024) lived in their country for over 180 years and for nine generations, are a unique people who are holders of territorial sovereignty with the full right of external self-determination.
Falklands Facts and Fallacies is a pioneer work and an essential contribution to an understanding of the history and legal status of the Falkland Islands. It presents abundant evidence from documents (some never printed before) in archives in Buenos Aires, La Plata, Montevideo, London, Cambridge, Stanley, Paris, Munich and Washington DC, and provides the facts to correct the fallacies and distortions in accounts by earlier authors. It reveals persuasive evidence that the Falklands were discovered by a Portuguese expedition at the latest around 1518-19, and not by Vespucci or Magellan. It demonstrates conclusively that the Anglo-Spanish agreement of 1771 did not contain a reservation of Spanish rights, that Britain did not make a secret promise to abandon the islands, and that the Nootka Sound Convention of 1790 did not restrict Britain's rights in the Falklands, but greatly extended them at the expense of Spain. For the first time ever, extracts from the despairing letters from the Falklands written in German in 1824 to Louis Vernet by his brother Emilio are printed here in translation, revealing the total chaos of the abortive 1824 Argentine expedition to the islands. This book reveals how tiny the Argentine settlement in the islands was in 1826-33. In April 1829 there were only 52 people, and there was a constant turnover of population; many people stayed only a few months, and the population reached its maximum of 128 only for a few weeks in mid-1831 before declining to 37 people at the beginning of 1833. This work also refutes the falsehood that Britain expelled an Argentine population from the Falklands in 1833. That myth has been Argentina's principal propaganda weapon since the 1960s in its attempts to undermine Falkland Islanders' right to self-determination. In fact Britain encouraged the residents to stay, and only a handful left the islands. A crucial document printed here is the 1850 Convention of Peace between Argentina and Britain. At Argentina's insistence, this was a comprehensive peace treaty which restored "perfect friendship" between the two countries. Critical exchanges between the Argentine and British negotiators are printed here for the first time, which show that Argentina dropped its claim to the Falklands and accepted that the islands are British. That, and the many later acts by Argentina described here, definitively ended any Argentine title to the islands. The legal status of the Falklands is analysed here by extensive reference to legal works, to United Nations resolutions on decolonisation, and to rulings by the International Court of Justice, which together demonstrate conclusively that the islands are British territory in international law and that the Falkland Islanders, who have now (2022) lived in their country for over 180 years and for nine generations, are a unique people who are holders of territorial sovereignty with the full right of external self-determination. This book completely refutes the argumentation presented by Professor Marcelo Kohen and Facundo Rodríguez in their work Las Malvinas entre el Derecho y la Historia, Buenos Aires, 2015 (and its English version: The Malvinas/Falklands Between History and Law), which repeats many of the untruths and distortions that have been presented for over half a century by Argentine authors – and by Argentine governments at the United Nations. This second edition has been thoroughly revised and updated; in cases of difference it supersedes the first edition published in March 2020.
The true story of five castaways abandoned on the Falkland Islands during the War of 1812—a tale of treachery, shipwreck, isolation, and the desperate struggle for survival. In Left for Dead, Eric Jay Dolin—“one of today’s finest writers about ships and the sea” (American Heritage)—tells the true story of a wild and fateful encounter between an American sealing vessel, a shipwrecked British brig, and a British warship in the Falkland archipelago during the War of 1812. Fraught with misunderstandings and mistrust, the incident left three British sailors and two Americans, including the captain of the sealer, Charles H. Barnard, abandoned in the barren, windswept, and inhospitable Falklands for a year and a half. With deft narrative skill and unequaled knowledge of the very pith of the seafaring life, Dolin describes in vivid and harrowing detail the increasingly desperate existence of the castaways during their eighteen-month ordeal—an all-too-common fate in the Great Age of Sail. A tale of intriguing complexity, with surprising twists and turns throughout—involving greed, lying, bullying, a hostile takeover, stellar leadership, ingenuity, severe privation, endurance, banishment, the great value of a dog, the birth of a baby, a perilous thousand-mile open-ocean journey in a seventeen-foot boat, an improbable rescue mission, and legal battles over a dubious and disgraceful wartime prize—Left for Dead shows individuals in wartime under great duress acting both nobly and atrociously, and offers a unique perspective on a pivotal era in American maritime history.
This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.
