The Argentine Government runs a website that describes the Argentine position on Las Malvinas* . See: Argentina’s Position on Different Aspects of the Question of the Malvinas Islands
The historical section starts with;
"The Malvinas Islands became part of an area under Spanish jurisdiction with the entry into force of the first international instruments to delimit the “New World” soon after the discovery of the Americas in 1492."
This gives the impression that, in 1492, there was the rule of International Law. In 1492 Spain was a tyrannical monarchy that was invading the New World, plundering and burning as it went. There was no International Law, only transient treaties.
The article continues:
"The Peace of Utrecht, signed in 1713, assured the integrity of Spain’s possessions in South America and confirmed its exclusive right to sail in the waters of the South Atlantic. As a signatory of the Utrecht agreements, and of later 18th century treaties ratifying it, England accepted these clauses."
The British did not, and have never accepted any Spanish limitation on their freedom to sail the world's oceans, there is no such limitation on sailing in the Treaties of Utrecht (See full text of the treaty at The Compleat History of the Treaty of Utrecht). The Treaty even assigns an area on the River Plate to the British for British maritime trade, there is no exclusive right for Spain. Spain and Great Britain were at war all through the eighteenth century and wars tear up international treaties. Most importantly, when the South American states became independent bilateral treaties between Britain and Spain ceased to apply to the lands occupied by the independent states. Anglo-Spanish treaties are irrelevant.
The article continues with: "In 1790, with the signing of the Treaty of San Lorenzo del Escorial [Nootka Sound], Great Britain undertook not to establish any settlements on either the eastern or the western coasts of South America or on the adjacent islands already occupied by Spain, which was the case with the Malvinas Islands."
The 1790 Nootka Sound Convention No.1 Forbids new settlements but Spain had already recognised British occupation of West Falkland and the Convention has a secret Article 6 that refers to coasts " actually occupied by Spain" - Patagonia was not actually occupied. Furthermore and ironically, the moment the United Provinces claimed the Falklands they became available under the full treaty which permitted occupation if any other power created settlements.
After 1808 the British ceased to recognise Spanish control of South America and aided the South American revolutionaries. As Britain aided and recognised the new South American Republics, that it liberated by defeating Spain, it de facto abandoned the South American provisions of all previous treaties with Spain. The Argentines cannot plead the "Peace of Utrecht" with respect to the Falklands and yet have accepted military, financial and political recognition from Britain during the struggle for independence that violated The Peace of Utrecht. Any Court that finds in favour of Argentine sovereignty over the Falklands on the basis of pre-1808 treaties must also return Argentina to Spain.
The Argentine history continues with "In 1820, amongst the difficult circumstances imposed by the internal struggles faced by the Argentine state in formation, Naval officer David Jewett took possession of the Malvinas Islands on behalf of the United Provinces of the River Plate at a public ceremony in Puerto Soledad,."
Notice how the Argentines use "Argentine state" and "United Provinces of the River Plate" interchangeably about events in 1820. In 1820 Argentina had not yet been formed. The United Provinces consisted of much of modern Bolivia, Uruguay and part of modern Northern Argentina. It was not even near the Falklands.
There is no definite evidence that Jewett had claimed sovereignty in 1820, the first mention of Jewett's claim in Buenos Aires was an article in a newspaper in 1821. Jewett's alleged claim would have supplanted the Chileans or Uruguyans or Spanish in Las Malvinas and raised the Flag of the United Provinces (not Argentina). The Argentine history then goes on to suggest that the United Provinces had huge, modern plans for the Islands:
"During the 1820s, successive Argentine Governments took various actions in support of their sovereignty over the Malvinas Islands, including the appointment of governors, legislation on fishing resources and the granting of territorial concessions. As a result, Puerto Soledad grew and its inhabitants worked in stockbreeding, sealing and providing services to the boats which came into port."
This settlement was so successful that the leader of the settlers, Pablo Areguati, described how the expedition was perishing in 1824:
What the United Provinces actually established in Las Malvinas was a few cowboys and a handful of pirates who, by 1832 were mostly arrested and deported in a single small, US naval vessel for piracy, here is the original report from the USS Lexington:
There was no "Argentine State" when Jewitt allegedly claimed the Islands for the United Provinces and no structured government of the Falklands in the 1820s.
The Argentine history then fails to record that the United Provinces were engaged in a full scale Civil War in the late 1820s and had split into the state of "Buenos Aires" and "The Argentine Confederation", instead they give the impression of a single Argentine nation being victimised:
" On 10 June 1829, the Argentine Government enacted a decree creating the Political and Military Command of the Malvinas Islands. After having remained silent for over 50 years, in the course of which there had been successive uncontested Spanish and Argentine administrations in the Malvinas Islands, in November 1829 the United Kingdom objected to that decree against the backdrop of renewed strategic interest in the South Atlantic."
It was actually the seceded State of Buenos Aires that decreed possession of the Malvinas, not the Argentine Confederation. This decree was just hot air because, not only was the war torn Buenos Aires unable to maintain order in its tiny new colony, the colony could not resist the USS Lexington. The newly formed Argentina of 1832, that incorporated Buenos Aires, invaded the Falklands again but was ejected within months by the British.
The British took possession of the Islands from the Spanish (or Chileans or Uruguyans), the State of Buenos Aires having demonstrated that it was incapable of doing so:
"Once order had been restored in Puerto Soledad, a British Royal Navy corvette, with the support of another warship in the vicinity, threatened to use greater force and demanded the surrender and handover of the settlement. After the expulsion of the Argentine authorities, the commander of the British ship left one of the settlers of Puerto Soledad in charge of the flag and sailed back to his base. In 1834, the British Government assigned a Navy officer to remain in the islands, and only in 1841 did it decide to “colonize” the Malvinas Islands by appointing a “governor"."
The British actually arrive at Port Louis in East Falkland on January 2nd 1833 and Lt Col Pinedo, the officer in charge of the recently arrived, small garrison, protested but then surrendered the Islands to the British. Pinedo is court marshalled on his return to Buenos Aires.(Lorton) The British invite the civilians to stay. When HMS Beagle arrives later that year it is recorded that:
" ...The present inhabitants consist of one Englishman, who has resided here for some years, and has now the charge of the British flag, 20 Spaniards and three women, two of whom are negresses."
British possession was also legitimate because there were only a handful of people on the Islands, perhaps 20, most of whom had been shipped there in the past few years, and they were empty land. (When a whaler landed the population would double).
The Argentine account continues:
"The issue remained unsettled and this was recognised by the British Foreign Secretary in 1849. Argentina, meanwhile, continued to raise the issue at different levels of government and it became a subject of debate in the Argentine Congress. In 1884, in view of the lack of response to the repeated protests, Argentina proposed to take the issue to international arbitration, which was also rejected by the United Kingdom without any reasons being provided.
During the first half of the twentieth century, the successive Argentine governments made it standard practice to submit protests to the United Kingdom and to make submissions and reservations before the competent multilateral bodies whenever they had notice of unilateral British acts by which Argentina’s sovereignty was ignored."
This short couple of paragraphs skip over a period in which Argentina recognises British sovereignty.
What actually happened is that in 1850 a Convention of Settlement between Britain and Argentina is signed that settles all previous disputes and by 1866:
"Vice-President Marcos Paz opens Argentina's Congress and refers to an ongoing dispute with some British citizens over outstanding debts which is to be referred to a Chilean arbitrator. He states to Congress that there are no other matters in issue between the two countries." (Lorton)
In 1882 Argentina issues the official ‘Latzina Map’ showing the Falkland Islands as British sovereign teritory. The major issue for the Argentines is getting damages from the US for the damage done by the USS Lexington back in the 1830s. In 1884 it is Britain that protests to Argentina about a new map by the Argentine Geographical Institute that shows the Falklands as Argentine. It was in 1888 that an Argentine government re-awakened the sovereignty issue and formally protested that Argentina should have sovereignty over the Falklands. This official protest was not repeated until 1941.
In 1908 the British government released "Letters Patent" that announced:
"Whereas the group of islands known as South Georgia, the South Orkneys, the South Shetlands, and the Sandwich Islands, and the territory known as Graham's Land, situated in the South Atlantic Ocean to the south of the 50th parallel of south latitude, and lying between the 20th and the 80th degrees of west longitude, are part of our Dominions, and it is expedient that provision should be made for their government as Dependencies of our Colony of the Falklands;
1. Now We do hereby declare that from and after the publication of these our Letters Patent in the Government “Gazette” of our Colony of the Falkland Islands the said group of islands known as South Georgia, the South Orkneys, the South Shetlands, and the Sandwich Islands, and the said territory of Graham's Land shall become Dependencies of our said Colony of the Falkland Islands.” (Lorton)
In 1909 the Argentine government approve these Letters Patent. In 1927 "Dr.Angel Gallardo, who says that, “ .. he had been looking into the question of the Falkland Islands, and had come to the conclusion that (the British) position and claim were exceedingly strong.” (Lorton)
The modern claim to the Islands arose in the 1930s as Argentina became ever more Fascist and inclined towards Italy and Germany, ultimately, in 1941, Argentina resumed its protests and sovereignty claim to harass the Allied war effort.
The true history is as follows: the British defeated the Spanish in the Napoleonic Wars (1808), this finally broke Spanish Imperial power and freed Spanish South America. In the 1820s the newly formed United Provinces and then the rebel state called Buenos Aires laid claim to the Falkland Islands which had been part of the Spanish domain of the Captain General of Chile after the fall of the Viceroyalty of Rio del Plata and was administered from Uruguay before this (not from the Buenos Aires or the Argentine Confederation). Neither of these claims could be enforced and the British took possession of the Islands for strategic reasons in 1833. There were thirteen years of struggle for the Falklands culminating in British rule. The modern Argentines desire to colonise the Islands against the wishes of thousands of inhabitants. They are supported in this desire by South American countries who can see nothing wrong with neo-colonialism. The Falkland Islands constitution means that all revenues, whether from fishing or oil, go to the self-governing Islanders, the Argentines propose to use any revenues to subsidise the Argentine state. The Argentine claims are explicitly forbidden under the UN Charter and under UN Resolution 1514.
After 180 years of separate development in the Falklands clause 1 of Resolution 1514 applies:
The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights
To circumvent this resolution the Argentines justify neo-colonialism by rejecting the rights of the Islanders entirely, claiming that they have no right even to exist.
It is scandalous that modern racists are rejecting the right of the Falkland Islanders to control their own destiny simply because they are largely of British origins and speak English. Despite being in the twenty first century these racists wish the Islands to be colonised as Hispanic. These racist claims are being reinforced by the Decolonisation Committee of the United Nations, a committee composed of South American Colonists who defend their own colonization, this Committee must be disbanded and re-created as a committee of indigenous peoples.
See also:
Brazil, Uruguay, Argentina and Las Malvinas for a discussion of the UN Resolutions and history.
Colonialism? Its the Colonists Stupid!
The Falklands and Nazism
The Falklands have always been Argentine - Las Malvinas son Argentinas
The Falklands and Nazism
The Falklands are Chilean?
As members of the United Nations Argentina and the UK have agreed that:
Article 73:
'Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well being of the inhabitants of these territories, and, to this end:
1. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;
2. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;
3. to further international peace and security;
4. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and
5. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.'
Article 103
“In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.”
The declaration in resolution 1514 states:
"And to this end Declares that:
1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.
2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
3. Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.
4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.
5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence,to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
6. Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.
7. All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, non-interference in the internal affairs of all States, and respect for the sovereign rights of all peoples and their territorial integrity."
References:
The Compleat History of the Treaty of Utrecht
Getting it right: The Real History of the Falklands/Malvinas
Roger Lorton. The Falkland Islands History.
First published 10/11/12
* The Spanish name for the Falklands is a corruption of "Islas Malouines", the French name for the Islands.
** Ironically the United Provinces (described as Argentina below) violated Nootka Sound themselves:
"Article VI expressly permitted British seamen (many of whom were engaged in killing seals) to land on those coasts and to build huts, etc., and more importantly, an extra secret article removed the restriction on new establishments if any other power did make an establishment south of “the parts of those coasts already occupied” by Spain. 5 In the late 1820s (see sections 12 and 14), Argentina did in fact form an establishment at Port Louis in the Falklands, south of coastal areas already occupied by Spain in 1790. By a strict interpretation of the Nootka Sound Convention, Britain therefore became entitled to form an establishment in the Falklands as soon as Argentina had become established there."
The historical section starts with;
"The Malvinas Islands became part of an area under Spanish jurisdiction with the entry into force of the first international instruments to delimit the “New World” soon after the discovery of the Americas in 1492."
This gives the impression that, in 1492, there was the rule of International Law. In 1492 Spain was a tyrannical monarchy that was invading the New World, plundering and burning as it went. There was no International Law, only transient treaties.
The article continues:
"The Peace of Utrecht, signed in 1713, assured the integrity of Spain’s possessions in South America and confirmed its exclusive right to sail in the waters of the South Atlantic. As a signatory of the Utrecht agreements, and of later 18th century treaties ratifying it, England accepted these clauses."
The British did not, and have never accepted any Spanish limitation on their freedom to sail the world's oceans, there is no such limitation on sailing in the Treaties of Utrecht (See full text of the treaty at The Compleat History of the Treaty of Utrecht). The Treaty even assigns an area on the River Plate to the British for British maritime trade, there is no exclusive right for Spain. Spain and Great Britain were at war all through the eighteenth century and wars tear up international treaties. Most importantly, when the South American states became independent bilateral treaties between Britain and Spain ceased to apply to the lands occupied by the independent states. Anglo-Spanish treaties are irrelevant.
The article continues with: "In 1790, with the signing of the Treaty of San Lorenzo del Escorial [Nootka Sound], Great Britain undertook not to establish any settlements on either the eastern or the western coasts of South America or on the adjacent islands already occupied by Spain, which was the case with the Malvinas Islands."
The 1790 Nootka Sound Convention No.1 Forbids new settlements but Spain had already recognised British occupation of West Falkland and the Convention has a secret Article 6 that refers to coasts " actually occupied by Spain" - Patagonia was not actually occupied. Furthermore and ironically, the moment the United Provinces claimed the Falklands they became available under the full treaty which permitted occupation if any other power created settlements.
After 1808 the British ceased to recognise Spanish control of South America and aided the South American revolutionaries. As Britain aided and recognised the new South American Republics, that it liberated by defeating Spain, it de facto abandoned the South American provisions of all previous treaties with Spain. The Argentines cannot plead the "Peace of Utrecht" with respect to the Falklands and yet have accepted military, financial and political recognition from Britain during the struggle for independence that violated The Peace of Utrecht. Any Court that finds in favour of Argentine sovereignty over the Falklands on the basis of pre-1808 treaties must also return Argentina to Spain.
The Argentine history continues with "In 1820, amongst the difficult circumstances imposed by the internal struggles faced by the Argentine state in formation, Naval officer David Jewett took possession of the Malvinas Islands on behalf of the United Provinces of the River Plate at a public ceremony in Puerto Soledad,."
Notice how the Argentines use "Argentine state" and "United Provinces of the River Plate" interchangeably about events in 1820. In 1820 Argentina had not yet been formed. The United Provinces consisted of much of modern Bolivia, Uruguay and part of modern Northern Argentina. It was not even near the Falklands.
 |
| United Provinces and Falkland Islands |
"During the 1820s, successive Argentine Governments took various actions in support of their sovereignty over the Malvinas Islands, including the appointment of governors, legislation on fishing resources and the granting of territorial concessions. As a result, Puerto Soledad grew and its inhabitants worked in stockbreeding, sealing and providing services to the boats which came into port."
 |
| Getting it right: The Real History of the Falklands/Malvinas |
 |
| Report of the Lexington saying that the islands had been rendered free of any administration and of nearly all the people. Click on image to see full size. |
The Argentine history then fails to record that the United Provinces were engaged in a full scale Civil War in the late 1820s and had split into the state of "Buenos Aires" and "The Argentine Confederation", instead they give the impression of a single Argentine nation being victimised:
" On 10 June 1829, the Argentine Government enacted a decree creating the Political and Military Command of the Malvinas Islands. After having remained silent for over 50 years, in the course of which there had been successive uncontested Spanish and Argentine administrations in the Malvinas Islands, in November 1829 the United Kingdom objected to that decree against the backdrop of renewed strategic interest in the South Atlantic."
It was actually the seceded State of Buenos Aires that decreed possession of the Malvinas, not the Argentine Confederation. This decree was just hot air because, not only was the war torn Buenos Aires unable to maintain order in its tiny new colony, the colony could not resist the USS Lexington. The newly formed Argentina of 1832, that incorporated Buenos Aires, invaded the Falklands again but was ejected within months by the British.
The British took possession of the Islands from the Spanish (or Chileans or Uruguyans), the State of Buenos Aires having demonstrated that it was incapable of doing so:
"Once order had been restored in Puerto Soledad, a British Royal Navy corvette, with the support of another warship in the vicinity, threatened to use greater force and demanded the surrender and handover of the settlement. After the expulsion of the Argentine authorities, the commander of the British ship left one of the settlers of Puerto Soledad in charge of the flag and sailed back to his base. In 1834, the British Government assigned a Navy officer to remain in the islands, and only in 1841 did it decide to “colonize” the Malvinas Islands by appointing a “governor"."
The British actually arrive at Port Louis in East Falkland on January 2nd 1833 and Lt Col Pinedo, the officer in charge of the recently arrived, small garrison, protested but then surrendered the Islands to the British. Pinedo is court marshalled on his return to Buenos Aires.(Lorton) The British invite the civilians to stay. When HMS Beagle arrives later that year it is recorded that:
" ...The present inhabitants consist of one Englishman, who has resided here for some years, and has now the charge of the British flag, 20 Spaniards and three women, two of whom are negresses."
British possession was also legitimate because there were only a handful of people on the Islands, perhaps 20, most of whom had been shipped there in the past few years, and they were empty land. (When a whaler landed the population would double).
The Argentine account continues:
"The issue remained unsettled and this was recognised by the British Foreign Secretary in 1849. Argentina, meanwhile, continued to raise the issue at different levels of government and it became a subject of debate in the Argentine Congress. In 1884, in view of the lack of response to the repeated protests, Argentina proposed to take the issue to international arbitration, which was also rejected by the United Kingdom without any reasons being provided.
During the first half of the twentieth century, the successive Argentine governments made it standard practice to submit protests to the United Kingdom and to make submissions and reservations before the competent multilateral bodies whenever they had notice of unilateral British acts by which Argentina’s sovereignty was ignored."
This short couple of paragraphs skip over a period in which Argentina recognises British sovereignty.
What actually happened is that in 1850 a Convention of Settlement between Britain and Argentina is signed that settles all previous disputes and by 1866:
"Vice-President Marcos Paz opens Argentina's Congress and refers to an ongoing dispute with some British citizens over outstanding debts which is to be referred to a Chilean arbitrator. He states to Congress that there are no other matters in issue between the two countries." (Lorton)
In 1882 Argentina issues the official ‘Latzina Map’ showing the Falkland Islands as British sovereign teritory. The major issue for the Argentines is getting damages from the US for the damage done by the USS Lexington back in the 1830s. In 1884 it is Britain that protests to Argentina about a new map by the Argentine Geographical Institute that shows the Falklands as Argentine. It was in 1888 that an Argentine government re-awakened the sovereignty issue and formally protested that Argentina should have sovereignty over the Falklands. This official protest was not repeated until 1941.
In 1908 the British government released "Letters Patent" that announced:
"Whereas the group of islands known as South Georgia, the South Orkneys, the South Shetlands, and the Sandwich Islands, and the territory known as Graham's Land, situated in the South Atlantic Ocean to the south of the 50th parallel of south latitude, and lying between the 20th and the 80th degrees of west longitude, are part of our Dominions, and it is expedient that provision should be made for their government as Dependencies of our Colony of the Falklands;
1. Now We do hereby declare that from and after the publication of these our Letters Patent in the Government “Gazette” of our Colony of the Falkland Islands the said group of islands known as South Georgia, the South Orkneys, the South Shetlands, and the Sandwich Islands, and the said territory of Graham's Land shall become Dependencies of our said Colony of the Falkland Islands.” (Lorton)
In 1909 the Argentine government approve these Letters Patent. In 1927 "Dr.Angel Gallardo, who says that, “ .. he had been looking into the question of the Falkland Islands, and had come to the conclusion that (the British) position and claim were exceedingly strong.” (Lorton)
The modern claim to the Islands arose in the 1930s as Argentina became ever more Fascist and inclined towards Italy and Germany, ultimately, in 1941, Argentina resumed its protests and sovereignty claim to harass the Allied war effort.
The true history is as follows: the British defeated the Spanish in the Napoleonic Wars (1808), this finally broke Spanish Imperial power and freed Spanish South America. In the 1820s the newly formed United Provinces and then the rebel state called Buenos Aires laid claim to the Falkland Islands which had been part of the Spanish domain of the Captain General of Chile after the fall of the Viceroyalty of Rio del Plata and was administered from Uruguay before this (not from the Buenos Aires or the Argentine Confederation). Neither of these claims could be enforced and the British took possession of the Islands for strategic reasons in 1833. There were thirteen years of struggle for the Falklands culminating in British rule. The modern Argentines desire to colonise the Islands against the wishes of thousands of inhabitants. They are supported in this desire by South American countries who can see nothing wrong with neo-colonialism. The Falkland Islands constitution means that all revenues, whether from fishing or oil, go to the self-governing Islanders, the Argentines propose to use any revenues to subsidise the Argentine state. The Argentine claims are explicitly forbidden under the UN Charter and under UN Resolution 1514.
After 180 years of separate development in the Falklands clause 1 of Resolution 1514 applies:
The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights
To circumvent this resolution the Argentines justify neo-colonialism by rejecting the rights of the Islanders entirely, claiming that they have no right even to exist.
It is scandalous that modern racists are rejecting the right of the Falkland Islanders to control their own destiny simply because they are largely of British origins and speak English. Despite being in the twenty first century these racists wish the Islands to be colonised as Hispanic. These racist claims are being reinforced by the Decolonisation Committee of the United Nations, a committee composed of South American Colonists who defend their own colonization, this Committee must be disbanded and re-created as a committee of indigenous peoples.
See also:
Brazil, Uruguay, Argentina and Las Malvinas for a discussion of the UN Resolutions and history.
Colonialism? Its the Colonists Stupid!
The Falklands and Nazism
The Falklands have always been Argentine - Las Malvinas son Argentinas
The Falklands and Nazism
The Falklands are Chilean?
As members of the United Nations Argentina and the UK have agreed that:
Article 73:
'Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well being of the inhabitants of these territories, and, to this end:
1. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;
2. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;
3. to further international peace and security;
4. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and
5. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.'
Article 103
“In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.”
The declaration in resolution 1514 states:
1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.
2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
3. Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.
4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.
5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence,to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
6. Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.
7. All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, non-interference in the internal affairs of all States, and respect for the sovereign rights of all peoples and their territorial integrity."
References:
The Compleat History of the Treaty of Utrecht
Getting it right: The Real History of the Falklands/Malvinas
Roger Lorton. The Falkland Islands History.
First published 10/11/12
* The Spanish name for the Falklands is a corruption of "Islas Malouines", the French name for the Islands.
** Ironically the United Provinces (described as Argentina below) violated Nootka Sound themselves:
"Article VI expressly permitted British seamen (many of whom were engaged in killing seals) to land on those coasts and to build huts, etc., and more importantly, an extra secret article removed the restriction on new establishments if any other power did make an establishment south of “the parts of those coasts already occupied” by Spain. 5 In the late 1820s (see sections 12 and 14), Argentina did in fact form an establishment at Port Louis in the Falklands, south of coastal areas already occupied by Spain in 1790. By a strict interpretation of the Nootka Sound Convention, Britain therefore became entitled to form an establishment in the Falklands as soon as Argentina had become established there."
Comments
This one, which I believe says the same thing, does:
http://cancilleria.gov.ar/es/history