FactCheck Q&A: Why are the Falklands British?
The Falkland Islands have been in British hands for nearly 180 years, despite lying 7,900 miles away in the South Atlantic.
Argentina has repeatedly challenged Britain’s claim to sovereignty and wants the islands, 300 miles from the Argentine coast, to fly its flag.
Thirty years after the conflict that left nearly 900 people from both sides dead, FactCheck delves into the murky waters of the South Atlantic to try to shed some light on the dispute.
What does history tell us about who owns the Falklands?
The first sighting of the islands have been variously attributed to Portuguese, Spanish, English and Dutch sailors, all in the 16th century.
We’ll probably never know the truth and it may not matter very much. You have to take possession of an empty territory, settle it and govern it continuously to have a hope of claiming ownership.
Royal Navy Captain John Strong made the first recorded landing on the then uninhabited islands in 1690, and named them after his patron Lord Falkland.
France founded the first settlement on the archipelago in 1764. A year later British Captain John Byron (the poet’s grandfather) claimed the Falklands for George III, apparently not realising that the French were already established in a different part of the islands.
Spain disapproved of both colonies, regarding the Falklands as Spanish territory following the Treaties of Torsedillas (1494) and Utrecht (1713).
The Spanish bought the colony from the French in 1767, then expelled the British settlers in 1770. Britain protested and war was narrowly averted when the Britons were allowed to return. The dispute over who owned the islands was very much alive even then.
By 1811 Spain and Britain had abandoned the outpost altogether, both leaving plaques asserting their rival claims.
The Falklands were left to the sheep until 1820, when a ship from the United Provinces of the River Plate, the newly independent Spanish colony which would later become Argentina, claimed the islands. They would remain in “Argentinian” hands until 1833.
But in 1828 when Luis Vernet, a naturalised Argentinian of Franco-German ancestry, established a colony, he did so only after seeking the permission of both the United Provinces and the British government, aware that London still claimed the Falklands for the British crown.
Five years later came the notorious incident the Argentinian government still relies on to back up its claim to the Falklands.
By 1833 the United Provinces had declared that the Falklands were theirs and that Vernet was to act as their governor, sparking protest from London.
Keen to reassert its claim and concerned about lawlessness and piracy in the area, Britain sent two warships and expelled the Argentinian garrison.
Contemporary accounts written by Charles Darwin and Robert FitzRoy, captain of the HMS Beagle, suggest however that some settlers of various nationality who had been living there were actually encouraged to stay. So it doesn’t appear to be true that whole of the existing settlement was uprooted and replaced with an imported British population, as many Argentinians believe.
The period of British settlement from 1833 to the present day marks the longest period the islands have spent under the ownership of one country, and the islands’ current population of more than 3,000 is the largest in their history.
Argentina’s legal case
Argentina relies on the ancient legal principle of uti possidetis juris, widely used in post-colonial South America and Africa, which says that all the territory of the former Spanish colony became Argentinian after independence.
So the argument is: the Falklands were rightfully Spanish; then they became Argentinian until 1833, when they were illegally taken by force.
Various Argentinian governments have also made the point that the archipelago is much closer geographically, which is certainly true but not usually relevant in law. If it were, the Faroe Islands would be British, the Channel Islands French and Alaska Canadian.
It’s possible to have some sympathy with some of the Argentinian case, but it is equally possible that Britain could contest several points, including the terms of the various treaties that gave the islands to Spain in the first place and the applicability of uti possidetis juris in this case.
Laywer Charles Claypoole from Latham & Watkins, an expert in sovereignty disputes, told FactCheck: “I don’t think it can be taken for granted that, even if you set aside the question of self-determination, Argentina’s claim, based on historical title, is right. There will be two sides to that story.
“One of the problems we would have in this case relates to the date when the dispute crystallises.
“I think the International Court of Justice or an arbitration tribunal would be unwilling to try to unpick what was happening 200 years ago and ignore the intervening 200 years of administration.”
Britain’s case
Britain’s position is that it should be up to the residents of the Falklands to decide whether they want to remain British or not. That is the principle of self-determination, as enshrined in the United Nations charter.
But the UN also stands for de-colonisation, and Argentina says the ownership of the archipelago is a hangover from the days of British Imperialism.
As far as the UN is concerned, the Falklands dispute essentially boils down to the question of which principle – the dismantling of the old colonial system or the right of self-determination – should prevail.
The UN maintains a list of 16 “Non-Self-Governing Territories” which it defines as “non-decolonised”. The Falkland Islands are among 10 former British colonies on the list, which the UN began compiling in 1946 as a kind of roll-call of shame for the remaining colonial powers.
But the UN recognises the right of those territories to self-determination. In other words, they can’t be forced to accept a change in sovereignty or national status if they don’t want it. The principle of “equal rights and self-determination of peoples” is one of the founding principles of the UN Charter and would appear to trump the competing interest of de-colonisation.
Argentina’s answer is that the Falklands Islanders are not “a people” in the sense intended by the UN charter, although the organisation does not define what it means by the term.
Professor Malcolm Shaw QC, a leading expert on territorial disputes, said: “‘People’, as I see it, has always been defined as the population of a recognised colony, and on that basis, they are a people. He added: “Self-determination is one of the planks of international law.”
Professor Shaw said there was a lack of hard evidence surrounding the origins of both Britain and Argentina’s claims but said: “The balance, it seems to me is in favour of the UK. But whatever the rights and wrongs of what happened in the late 18th and early 19th century, you can’t simply ignore a peaceful possession which has gone on for 200 years. The British maintained possession and control, and peopled it.”
The verdict
There are good reasons why this dispute is still raging after more than 200 years – there are rights and wrongs on both sides.
Argentina’s case though, does seem to hinge on historical facts which are very difficult to prove now and will presumably only become less clear with the passage of time.
Ironically, given that the Argentinian government says it is against colonialism, its claim also rests on the Falklands once having been a colonial possession of Spain.
Practically speaking, we will never be able to test the legal force of the competing arguments unless they are put in front of the International Court of Justice or a tribunal.
But both Britain and Argentina would have to agree to be bound by the panel’s decision, making it unlikely.
For the record, Britain offered to go to international arbitration several times in the 1940s and 1950s to settle the sovereignty issue.
In 1948 the then Foreign Secretary Ernest Bevin said: “The policy of His Majesty’s Government is that the question of rival claims in the Falkland Islands Dependencies should, in the first instance, be brought before the International Court of Justice.
“International discussions could scarcely be profitable until the question of title has been subjected to international legal examination.”
Argentina declined on every occasion, saying it did not recognise the jurisdiction of the court.
By Patrick Worrall



There are 28 comments on this post
Surely the matter could be resolved if we split sovereignty over the Islands from the rights to exploit minerals in the surrounding waters.
If there was a concentrated discussion on sharing the wealth from the seas beyond, it would be easier to solve which flag flies over the people who cling to the rock.
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Bernard, as I understand it, Argentina were involved in talks on how to devide the hydro carbons and minerals, but during those talks they wanted to include the Sovrenty argument. When it was made clear that sovrenty was not included in the talks they left. So in this case they really don’t have much to complain about.
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Bernard, I presume you are not from the Falklands with your ideas over split sovereignty ? I wonder what the actual British living there would think ?
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Argentina has changed since 1948 so perhaps an offer of arbitration should be extended now.
It may have been the right thing to repel an aggressive invasion in 1982 but the 30 years since have been a lost opportunity to negotiate like grown-ups instead of squabble like children.
It seems ridiculous that we can spend a fortune watching over 3000 ‘British’ most of whom presumably, have never set foot in the UK. If they are afraid of Argentine rule could some power-sharing agreement not be reached in everyone’s interests? I can fully understand Argentina being a bit peeved especially now there is oil revenue at stake.
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Sue, most of the Falkland Islanders have strong ties with the UK, send their children to be educated over here and some even stay during the Falklands winter (our summer) in properties they own over here. The Falkland Islanders have suggested that they would pay for their security and defence from the oil revenues, which would be considerable.
The easiest solution to end the entire problem is for the Falkland Islands to become an independent nation (by self-determination) and then to have that independence guaranteed by the UK, US and UN. The Islanders could then choose to have dual nationality if they wish and the Americans would gain another oil-rich English speaking friend on their own continent.
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Nigel, I didn’t realise the Falklanders spent so much time over here in education and winter retreats – you make them sound like a rather elite bunch of ex-pats. Is it a tax haven?
So perhaps we should take them up on their generous offer to pay for their security from ‘their’ oil revenues. I like your idea of them being an independent nation but why should anyone guarantee it any more than for any other nation and why should they get dual nationality? Will those of us in mainland Britain get dual nationality too and choose to live there should we so wish? Which we might once all that lovely oil money starts flowing through it. As long as we can come back to blighty for the summer of course.
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Not all the Islanders stay in the UK, but a few do. It’s not a tax haven, but close. The Falkland Islands is self-governing and their legislative assembly sets the local taxes. Their Government has a budget surplus from selling fishing licenses. That’s why they can afford to send the children to be schooled in the UK.
The oil revenues could be considerable. Rough
estimates suggest that there might be as much oil near the Falklands as the North Sea. If this is so, then the Islanders could become multi-millionaires from the annual dividend, just as in some arab states.
Anyone can become an Islander. Climate wise its similar to living in Scotland, only windier and more remote, but very beautiful – and cold!
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Argentina gave up all rights to the Falkland Islands in the Convention of Settlement, the Arana-Southern Treaty of 1850.
In the 1840s Britain and France intervened militarily in the River Plate region, mainly in what is now Uruguay. However, both countries’ policy was a failure, and they withdrew their forces following treaties concluded with Argentina. Negotiations between the British representative, Henry Southern, and General Rosas resulted in a peace treaty, the “Convention between Great Britain and the Argentine Confederation, for the Settlement of existing Differences and the re-establishment of
Friendship”.
The Convention was referred to as a “peace treaty” many times by both sides.
The Falklands was not mentioned as an outstanding dispute by the Argentines and under International Law, this means that the Falklands was no longer under dispute.
The Argentines acquiessed and accepted British sovereignty over the Falklands. They did not dispute the Falklands sovereignty again until the 1940s when they believed that Britain would fall to Nazi Germany.
The solution would be to give the Falkland Islands full independence with their security…
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With regards over seas territories, the UN might only list 16 but if you look at the wider issue there are lots of former territories, http://www.nationsonline.org/oneworld/territories.htm anyone going to tell France??
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France actually supports the UK position on the Falklands. As you can see, the French have a number of overseas territories, as do the United States. It’s one of the reasons why it would be terribly difficult for Argentina to ever get a security council resolution against the UK, because 3 permanent members would be against them.
One of the biggest ironies is that Spain claims Gibraltar, yet they have ‘colonies’ on North Africa.
Argentina admits that their claim to the Falklands is because they had a ‘colony’ there, but they accuse the UK of being colonial!
Obviously, irony is not something taught in Spanish speaking countries!
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How can a country be a member of the UN and not recognise the International Court of Justic? The UN should decide and promote independance for the islands. Then it should be up to the islanders to decide what they want to be. A member of the British Commonwealth, a protectotare of Argentina or just completely independant. If independant, it should be able to decide if it wants to invite a British or Argentinian military presence along with any business interests from either country.
180 years of possession and settlement has to count for something and the islands are not exactly close to Argentina at 300 miles away. It is certainly far enough away to consider them as unArgentian as they are UnBritish. But the precedent set has to be considered too. How many more disputed islands would want to follow suit? Would the Channel Islands be next, Gibralter of course. The UN has not been able to sort Cyprus out after how many years and that is a relatively short running issue. At the end of the day, every single piece of land on Earth has been won or lost by invasion and conquest. Maybe this human tradition should be allowed to run its course.
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Argentina has enough problems to resolve at home right now and the Falklands ‘question’ is a great distraction being used by a cynical president on a downtrodden, disenfrachised people.
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The Falklands were unpopulated islands populated by the British. The people on the islands are British, wish to remain that way, and will remain that way under protection of the British government and its military.
The real argument is over the estimated natural resources in the region, over which Britain and Argentina should come to some kind of agreement to share, after all it makes more sense to transport these resources through or to South America.
Either that or declare the entire area a protected conservation area so no one can plunder its resources. I’m guessing both sides would lose interest rather quickly and the people will be able to live in self determined peace for another 200 years.
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The Falklands should be returned to Argentina only if Argentina should be returned to the control of the Diaguitas, Huarpes, and Sanavirones peoples. 200 years of administration erases historical claims.
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Como ciudadana argentina respeto el derecho de los habitantes de Malvinas a la autodeterminacion. Respeto por otra parte a los excombatientes argentinos , adolescentes sin preparación militar que intentaron honrar a su patria y fueron llevados a una guerra absurda.
Solo la paz y la integración pueden dar buenos frutos.
Me gustaría ver algun dia su propia bandera flameando en las islas. Secundada por la bandera argentina y la bandera británica.
Como ciudadana argentina invito a todos los habitantes de Falklands Islands (Islas Malvinas )a una integración regional y cultural.
Por que odiarnos si podemos elegir comenzar un camino de reconciliación y colaboración mutua.
Yo no se lo que piensan los “gobiernos” pero los ciudadanos comunes necesitamos vivir en paz .
Basta de usarnos como excusa.
Es mi deseo visitar esta parte del continente americano y disfrutar de la cordialidad de su gente y la belleza de sus paisajes.
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1690. That pre-empts even the existance of Argentina as a country. While we are at it, Argentina an their mates, Sean Penn et al, denounce colonialisation yet Argentina only exists as a colonial entity, much like Sean Penn’s USA, which today is criticised for failing in it’s handling of the Sioux.
If tge UN is so anti colonialisation then it surely would call for all colonially created countries to be systematically dismantled and returned to indigenous peoples. But as the Falklands have no indigenous people how they can be regarded as a colony is beyong me.
The leader of Argentina is part of this growing bolshie marxist movement in the Americas. Nothing wrong with that but we can be equally strong in response.
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if Argentina really think the Falkland Islands belong to them, then all they have to do is come and take them
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Totally agree with Johnmc..we’ve had the Falklands since 1690 – so screw Argentina..an it’s bunch of idiotic mates like Penn !
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I´m from Argentina, and I believe that despite de fact of which part is right, both goverment are using this dispute as a distraction.
Argentina´s goverment knows UK will not talk about sovereignty, but it is useful to have in the news this and no economic issues. The same fact is true to UK’s goverment.
Cameron says he believes in self-determination, and anyone knows that he says that because islanders want to remain british, if the case was the opposite, he wouldn’t take care of self determination.
I would like to mention the case of the people from Diego Garcia atoll, a part of the British Indian Ocean Territory, where all the inhabitants of Diego Garcia, regardless of ancestry or employment status were forced to abandon the island to rent it to USA, and I don’t see Mr. Cameron letting they go back to their homes so if it were useful to UK, they would not take care of kelpers. Anyway Argentina is a multicultural country and no one here wants islanders to leave their homes, perhaps it is not a known fact but here we have german speaking colonies and welsh colonies, among others but I understand no one wants to be ruled by Argentina’s goverment (including argentine)
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It seems to me that Argentina didn’t really have much interest in the islands, so were first colonised by a mixture of Spanish, French and English at one time or another.
For the last couple of hundred years, Argentina have still shown little interest, and the British inhabitants have been largely untroubled.
All of a sudden there is the prospect of oil and therefore money, and what do you know, the Argentinians are interested again!
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sorry, but in this particular case it’s the other way round. the interest shown has been much larger from the argies than from the uk… and i’m not talkng about the arguments that back up argentinans or british people, just saying that it is undeniable that is the uk the one who suddenly abandoned shared sovereignity projects and got “fond of” islanders
i mean, you can say whatever about the weight of the back up of each side, but it’s wrong to say that britain has been more interested than argentina
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It is true to say that the British interest in protecting the Islanders interests only strengthened after 1982. Beforehand, the foreign office was doing their best to get rid of a troublesome liability that was causing problems for South American relations. It was the Falklands Lobby that mobilised popular support for the rights of the Islanders, through MPs in the House of Commons and scuppered any chances of a ‘deal’ over sovereignty.
However, the Government is acutely aware of the British public’s desire to protect the Islands and it has nothing to do with oil. It is entirely down to the rights of British people to have self-determination on their own land. So much blood has been invested in this, that it would be unthinkable for a British PM to allow another invasion. Political suicide if he did.
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A correction. The Islands were first settled in 1690. By Britain. The French, always second-rate, didn’t turn up until 1764. The Spanish actually BOUGHT the French settlement in 1769. When the Spanish tried to force the British out, they were asked if they wanted a war. They caved. Because they were, and are, third-rate. Argentina has NEVER been more than a trespasser.
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The Falkands are BRITISH and have been since 1690..so as far as that cynical Argentinian president and people like that idiot like Sean Penn and his mates are concerned..”Hands Off!”
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Marcos, you forget to mention that all the people of Diego Garcia atoll accepted compensation for their removal. In my eyes, if you accept compensation you cannot complain later.
If Argentina really wants the Falklands, then maybe they should offer an acceptable compensation to the residents for the islands. That way everyone wins.
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People from Diego Garcia were expelled from their homes by force and then got compensation, after several years, being this the only option avaiable. No one want falklanders to leave. I think if Argentina really wanted to get back the islands should try to have an economy similar to Norway or Sweden, and behave more friendly.
What many people from old countries don’t understand is that to be part of a multicultural country, with majority of population being immigrants you don’t need not lost your identity nor your original citizenship, (nowadays islanders have automatically the argentine citizenship with no more requeriment that have been born in the islands, they are considered argentine if they want).
Not far from where I live there are what we call “colonies” were people speak his own language, there are german colonies, welsh, french, etc., most of them having argentine citizenship and that of their ancestors.
I would find offensive offering a compensation, I believe that the land were you were born is priceless.
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Seems Argentinian government should first return all its land on the South American landmass back to the indigenous peoples from whom they took it by force and once it has completed its own decolonisation of such landmass, it would be in a better position to ask other governments to decolonise.
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Surely the miles of ocean betwen Argentina and the Falklands form a more natural, viable and enforceable boundary than the thousands of miles of land boundaries between Argentina and its neighbours.
If one country were entitled to grab another territory because they were closer to it than the one presently in control there would be great confusion. Canada could claim Alaska et. etc.
Is Tierra del Fiego (at the southern tip of South America) still divided between Argentina and Chile? If so is there a dispute?
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