A Colonial Situation that must end: The Malvinas (Falkland) Islands and the Obligation to Decolonise

The sovereignty dispute over the Falkland Islands (Islas Malvinas) is a colonial situation, which, according to the resolutions of United Nations bodies, must be brought to an end. This is the consequence of an obligation to decolonise in international law. Indeed, colonialism had been declared incompatible with the Charter of the United Nations, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the Universal Declaration of Human Rights, so it was not surprising that an obligation to decolonise arose in international law. However, the pre-eminence of self-determination in decolonisation had meant that most studies on the obligation to decolonise had been carried out within that framework and did not deal with the autonomy of that obligation vis-a-vis that right. This article will argue that the obligation to decolonise is in force, enforceable and autonomous from the right of self-determination, and subsists even in cases of colonial situations where that right is not applicable. Thus, the consequences of the characterisation of the Malvinas/Falklands question as a colonial situation will be analysed in detail. From this characterisation, it will be emphasised that the United Kingdom has the obligation to put an end to the colonial state of affairs over the Islands, by settling the sovereignty dispute over the territory through negotiations with the Argentine Republic.

Automated summary

The sovereignty dispute over the Falkland Islands (Islas Malvinas) is a colonial situation that needs to be resolved according to United Nations resolutions. The United Kingdom is obligated to settle the sovereignty dispute with Argentina through negotiations in order to end the colonial state.