ARGENTINA REJECTS BRITISH PROPOSAL FOR ARBITRATION CLAIMS OF ANTARCTIC TERRITORIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000800090016-0
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 10
• Document Creation Date: December 22, 2016
• Document Release Date: October 3, 2012
• Sequence Number: 16
• Publication Date: May 17, 1955
• Content Type: REPORT

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FOREIGN SERVICE D.ESPATCH
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ARGENTINA REJECTS BRITISH PROPOSAL FOR ARBITRATION
CLAIMS OF ANTARCTIC TERRITORIES
0
BEGIN UNCLASSIFIED
Argentina in its reply of May 4, 1955, to the British note
of December 21, 1954 (copies in English enclosed, supplied by /
the British Embassy), rejected the British proposal that the two-
countries submit "to the verdict of an independent ad hoc arbitral
tribunal, the question of their respective rights, in accordance
with international law, to the territory designated as the
Falkland Islands Dependencies by Letters Patent of 1908 and 1917".
The texts of the notes were made public by the Argentine Foreign
Office on May 12. The Chilean Government has rejected a similar
proposal made to it by the British Government. On May 12 an
officer of the Embassy was called to the Foreign Office and
handed copies of the texts of the notes in Spanish. The Embass
officer gained the impression these texts were also being handed
to the other missions here.
It was a foregone conclusion that the Argentine Government
would reject any proposal which in any way involvOin admission
of British sovereignty over the Islas Malvinas (Falkland Islands).
Such a recognition was implicit in the British piapofition to
arbitrate the conflicting Antarctic claims in the form of an
adjudication of rights to the "Falkland Island Def-endencies".
In its note the Argentine Government declares, after4renewing
its oft repeated charge of aggression by the British-pin seizing
and occupying the Falklands, "it cannot conceive noroaccept as
friendly or just any proposal which has as its base the maintenance
of this occupation". The Argentine note adds, "Still less can it
admit that such a proposal should claim to support tAltles of
sovereignty over other Argentine territory, with 'the,result that
these would become affected by the consequences of tie aggression
suffered by the Falkland Islands. This situation Calinot produce
any right in favor of Great Britain".
In its rather elaborately argued note, the Argentine
Government bases its rejection on the following points:
DVSandifovr!Tb
REPORTER
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1) The Letters Patent of 1908 and 1917, on which the
British Government relies for its claim, are unilateral acts
and therefore totally ineffective as a basis for a claim of
sovereignty;
2) The foundation of these documents is false because the
territories to which they relate are under the sovereignty of
Argentina, a sovereignty resting upon "unquestionable legal
bases";
3) The British claim is fatally defective innot providing
for consideration of the fundamental problem of sovereignty over
the Falkland Islands;
4) Even assuming the relationship of dependency of the
Antarctic territories to the Falkland Islands, this would attribute
sovereignty to Argentina and not to the British because of
Argentina's unquestioned sovereignty over the Islands. Leaving
aside the question of illegal British occupation in the Falkland
Islands there would be no basis for the arbitration proposed
because the territories in question are under the sovereignty
of Argentina;
5) No juridical or moral principle requires a State to
submit to the decision of external powers its territorial rights
based on legitimate titles, such as are those which underly
"the unquestionable sovereignty Of the Republic over the Antarctic
sector and the adjacent Islands";
6) The Rio Treaty of Mutual Assistance in establishing
a defense zone for this Hemisphere "excludes all possibility
that the sovereignty of an American country over territories
falling within this geographical area could be discussed in
the halls of an internal tribunal";
7) The acceptance of the course proposed by the British
"would be incompatible with the aspirations of the peoples and
governments of this Continent who have confirmed in the Tenth
Inter.American Conference at Caracas their desire finally to
eliminate colonialism".
8) Argentina and Chile in their joint declaration of
March 4. 1948. agreed "to carry out in mutual accord the legal
defense of the sovereignty which the two countries have in the
portion of their respective sectors which actually overlap".
The Argentine Government concluded by reserving the right
to reject any intervention by tribunals to the jurisdiction of
which it had not previously consented. This had reference to
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the British statement that if Argentina rejected this proposal,
it would consider itself free to seek the determination of its
legal rights by the International Court of Justice.
On May 8 the Buenos Aires press reported the action of the
British Government in proceeding immediately upon receipt of the
Argentine and Chilean replies with the filing of two applications
in the International Court of Justice, one against Argentina and
the other against Chile, asking the Court to recognize the
validity of British titles to sovereignty over the Antarctic
areas in question and "to declare that the pretentions of Argentina
and Chile, as well as other encroachments in the territories, are
contrary to international law". The press on May 13 reported a
statement by a British Foreign Office spokesman that despite
rejection by both Argentina and Chile of Britain's proposal to
submit the dispute to arbitration, the Court had under its rule
no option but to ask the two South American Republics if they
? would accept its judgment.
The action of the Argentine Government, of course, received
the unanimous approval of the Argentine press. This is one subject
on which there is complete unanimity in the Argentine. La Naci6n
said, for example, "thus there has been stated once more in
unequivocal terms a fundamental problem of our existence as a
nation. Argentina secure in its rights cannot resort on this
subject to deals or transactions. The Malvinas are Argentine.
That the Antarctic, dependency or not, is also Argentine, there
is no room for doubt. In the first place, the usurpation of 122
years ago cannot create any right. In the second place, in
addition to the clearly defined origin of our sovereignty we
have invoked and reinforced it in major abundance by scientific
action in the remote regions of the South over a long period of
time. END UNCLASSIFIED
BEGIN OFFICIAL USE ONLY
COM1AENT: It is not clear what the British Government
hopes to accomplish by its application to the International
Court of Justice. It can have no illusions about the
acceptance of the jurisdiction of the Court by either
Argentina or Chile. It will be recalled that in a recent
conversation with an Embassy officer concerning the
possibility of the British filing such an application,
Ambassador MUROZ of the Foreign Office pointed out that
Argentina had not accepted the compulsory jurisdiction
of the Court, and that it it did it would certainly
exclude from such acceptance any territorial question,
particularly the Malvinas and the Antarctic. The British
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? .From Buenos . ? (Classification) D6p.. No
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would seem to have no prospect of achieving anything
more than ?a tactical and propaganda result, as acknowledged
in the following passage quoted in the press here from
a statement made by Foreign Secretary MACMILLAN in the
House of Commons. - "If the two governments do not see
fit to accompany us to the Court we shall at least have
acquainted the Court of the facts of the case and have
placed on record before the Court and world opinion
generally the grounds on which we consider our title to
the United Kingdom sector of the Antarctic to be firmly
rooted in international law". END OFFICIAL USE ONLY
For the Ambassador:
Durward V. Sandifer
Counselor of Embassy
for Political Affairs
Enclosures:
1/ Copy of British note No. 314 of December 219 1954,
2/ Copy of Argentine note No. 675 of May 4, 1955.
Copy to EPA, ARA
AmEmbassy, London
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'- ,,, No. 1 UNCLASSIFIED End. No 4.
..: ,
Prom ' - (Classification) pest,. No, 1055
From Buenos Aires
No. 314.
' Her Britannic Najesty's Embassy present their compliments
to the Ministry of Foreign Affairs and Worship and, on instructions,
have the honour to make the following communication to the Ministry.
2. Her Majesty's Government in the United Kingdom have on many
previous occasions drawn the attention of the Argentine Government
to the terms of Letters Patent of 1908 and 1917 by which the
Antarctic Territories known as the Falkland Islands Dependencies
were stated to be part of His Majesty's Dominions and were made
dependencies of the Falkland Islands Colony. Her Majesty's
Government have repeatedly reminded the Argentine Government
that these Dependencies are and remain under the sovereignty
of the United Kingdom of Great Britain and Northern Ireland.
3. The Argentine Government for their part have persisted in
maintaining that certain parts of the Falkland Islands Depen-
dencies are Argentine Territory and in committing various acts
which in the opinion of Her Majesty's Government in the United
Kingdom constitute a trespass and a violation of United Kingdom
sovereignty over these Dependencies.
4. Her Majesty's Government believe that the most satisfactory
way of settling the dispute concerning the sovereignty over the
Falkland Islands Dependencies would be for Her Majesty's Govern-
ment and the Government of Argentina together with the Government
of Chile to refer the question to judicial settlement and they
have many times invited the Argentine Government to submit their
claims to the adjudication of the International Court of Justice.
The Argentine Governments however, have so far declined this
invitation. Her Majesty's Government regret that the Argentine
Government have taken up this position and they wish to enquire
whether as an alternative to adjudication by the International
Court of Justice, the Argentine Government would be prepared,
jointly with the Government of the United Kingdom, to submit
to an independent ad hoc arbitral tribunal the adjudication
of their respective rights under International Law in the
territory designated the Falkland Islands Dependencies by
Letters Patent of 1908 and 1917.
5. Her Majesty's Government trust that the above proposal
will meet with an early and favourable response from the Argentine
Government. If, however, this is not the ease, Her Majesty's
Government will consider themselves free to avail themselves
of any means that may be open to them to seek a determination
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of their legal rights by the International Court of Justice.
6. Her Majesty's Government avail themselves of this
opportunity to renew to the Ministry of Foreign Affairs and
Worship the assurances of their highest consideration.
BRITISH EMBASSY$
BUENOS AIRES.
December 21, 1954.
TO THE MINISTRY OF FOREIGN AFFAIRS AND WORSHIP,
BUENOS AIRES.
UNCLASSIFIED
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From Bueno Aires

MINISTRY OF
FOREIGN AFFAIRS AND WORSHIP
D. S. T.
No. 675
The Ministry of Foreign Affairs and Worship present their
compliments to Her Britannic Majesty's Embassy and refer to the
Note No. 314 of the 21st of December last with regard to the
problem of the rights which the United Kingdom claims over the
Argentine Antarctic territories. After reiterating their opinion
that the most satisfactory way to settle the problem would be to
resort to the decision of the International Court of Justice
of The Hague, Her Britannic Rajesty's Government enquire whether,
as an alternative to this course, the Argentine Government would
be disposed to submit jointly with the United Kingdom "to the
verdict of an independent ad hoc arbitral tribunal, the question
of their respective rights, in accordance with international law,
to the territory designated as the Falkland Islands Dependencies
by Letters Patent of 1908 and 1917".
2. The Letters Patent of 1908 and 1917, on which the British
Government rely so much to support the rights which they invoke
are, from the point of view of international law, acts or
measures totally ineffective as a basis of sovereignty because
they were exclusively unilateral and did not in any way have
the concurrence of the Argentine Government.
3. Furthermore the foundation of the said documents is absolutely
false because the territories which they mention and declare to
be British are under the sovereignty of the Republic. The Falkland
Islands are Argentine as are the lands which fall within our
Antarctic sector, as well as the South Georgia and Sandwich
Islands. This, as Her Majesty's Government well know, rests
upon unquestionable legal bases. Known historical reasons and
geographical factors also support and give evidence to this.
These apart from forming the incontrovertible basis for its
material and permanent condition, are beyond all possibility
of being invoked by Great Britain.
Nevertheless, Her Aajesty's Government avoid the fundamental
question and, as though everything were reduced to one factor
alone, mention as the only problem requiring solution, that
which refers to the Antarctic territories to which?they presume
and which they class as dependencies of the Falkland Islands.
On the other hand, nothing is said about the fundamental problem
of sovereignty regarding the latter.
UNCLASSIFIED
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4. Faced with such a position, the Argentine Government must
begin by pointing out that if the stated relationship of
dependency really existed, the fact could not be adduced by
Great Britain since, the Falkland Islands, the principal element
of the presumed subordination, being Argentine, the antarctic
territories which, according to the statement of the United
Kingdom, depend from them, must clearly and necessarily belong
to the Republic. Apart from the circumstances stated above,
the uninterrupted possession which the Republic has maintained
in its Antarctic sector for more than 50 years must be taken
into account. This is a situation which cannot be invoked by
any other state as far as permanent occupation is concerned.
5. Moreover, it must furthermore be stated that a correct
approach to the question to which Her Britannic Aajestyts Embassy
refers cannot be made if it fails to consider the unlawful
occupation by the United Kingdom of the Falkland Islands. While
the aggression committed in usurping its possession has not been
repaired through the handing of the archipelago back to the
Republic, the Argentine Government cannot conceive nor accept
as friendly or just any proposal which has as its base the
maintenance of this pccupation. Still less can it admit that
such a proposal should claim to support titles of sovereignty
over other Argentine territory, with the result that these
would become affected by the consequences of the wression
by the Falkland Islands. This situation cannot produce any
right in favour of Great Britain.
6. In consequence, while the question referred to above is
not settled in the sense indicated, it is not suitable to propose,
as has Great Britain, the submission of the matter to the Inten.
national Court of Justice at The Hague or to any ad hoc arbitral
tribunal.
7. It is still relevant to state that, even if the British
occupation of the Falkland Islands had not happened or had
terminated, there would be no reasons to justify the course
proposed by Her Majesty's Government. The fundamental point
is that those territories in the Antarctic sector, the final
jurisdiction over which it is desired to submit to the decision
of a judicial or arbitral tribunal are under the sovereignty
of the Republic.
No judicial or moral principle forces States to submit
to the decision of external powers or entities their territorial
rights based on legitimate titles such as are those which
underlie the unquestionable sovereignty of the Republic over
the Antarctic sector and the adjacent islands.
1 UNCLASSIFIED
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From Renps Aires
This is an incontrovertible principle which all Nations
practise and respect. It is furthermore confirmed by the
fact that almost all the countries which have submitted to
the obligatory jurisdiction of the International Court of
Justice at The Hague have put forward reservations necessary
to exclude from this jurisdiction any possibility of being
obliged to permit the tribunal to pronounce on the legitimacy
of their territorial rights. This is exactly the case with
the United Kingdom which in addition to excepting disputes
arising before 1930 excepted those concerned with questions
under its exclusive jurisdiction.
8. It is moreover necessary to examine the further implications
raised by this problem, in that it refers to territories which,
because they are Argentine, are at the same time americana In
this way the provisions adopted in America by the twenty States
which have declared all the continent and the maritime extension
contemplated by the Treaty of Mutual Assistance of Rio de Janeiro
as essential to the defense of the hemisphere, are affected.
This excludes all possibility that the sovereignty of an American
country over territories falling within this geographical area
could be discussed in the halls of an international tribunal.
Furthermore the acceptance of the course proposed by Her
Aajesty's Government would be incompatible with the aspirations
of the peoples and Governments of this Continent who have
confirmed in the Tenth Inter-American Conference at Caracas
their desire finally to eliminate colonialism and who have
confirmed their solidarity with the just claims to territories
occupied by extra-continental countries.
With regard to the area of the South American Antarctic,
for the above reasons it should be added that the Argentine
Government, by virtue of the joint declaration of the 4th of
March, 19480 has agreed with the Republic of Chile to carry out
in mutual accord the legal defense of the sovereignty which
the two countries have in the portion of their respective
sectors which actually overlap.
9. In consequence of what has been said above, the Argentine
Government regrets that it cannot agree that the matter referred
to by the British Embassy should be submitted to the decision
of the International Court of Justice at The Hague, or to
that of any other judicial or arbitral tribunal.
With regard to the statement made by Her Majesty's
Government to the effect that "they will consider themselves
free to avail themselves of any means that may be open to them
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to seek a determination of their legal rights by the Inter-
national Court of Justice", the Argentine Government places
on record that it reserves the right to reject any interven-
tion by tribunals to? the jurisdiction of which it has not
previously consented, and that it will, for its part also
continually defend its rights, using those means which, as
a sovereign state, are available to the republic within the
actual structure of the international community.
The Ministry of Foreign Affairs and toorship avail them-
selves of this opportunity, etc.....
Buenos Aires, 4th of May l 1955.
UNCLASSIFIED
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