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The new Foreign Secretary, William Hague, will have been in office for only one day, and already a storm is brewing on the horizon. This storm takes place close to an old battle zone, in the form of the Falkland Islands.

The history of the dispute is well documented and known, but not without its controversies. The legal situation of sovereignty over the islands has proven to be one of the most ambiguous areas of international law. With their own government, the Falkland Islands are entitled to be an independent nation under international law and the right to self determination, but have chosen not to exercise such a right. As a result the Falklands, along with South Georgia and Sandwich Islands are sovereign British territory.

But with each positive report to the discovery of oil, the Argentinean government has raised its trumpets Oil Press and blasted its protests across the globe. It is clear that Argentina wish to draw international attention to their claim to sovereignty which is rooted in a very convoluted historical past. However, as was seen in March of this year, when these positive reports prove false, the trumpets are put away and the protests din down to a grumble.

In March of this year, Desire Petroleum had claimed that they had found oil, but after initial drilling, it proved to be false. But now, there is new hope for the discovery of black gold', as UK exploration firm Rockhopper reported that there may be oil and lots of it in the North Falklands Basin. In response, the Argentine Foreign Minister claimed that Great Britain will be stopped from taking illegal possession of Argentina's non-renewable resources . Argentinean newspapers have referred to the British as pirates , claiming that the actions of the UK would push Argentina to its limits .

Legal Consequences?

Taking aside the political and social repercussions of a conflict with Argentina, we are left with a plethora of legal consequences.

Argentina has threatened legal action against the United Kingdom should it continue to drill in the Falklands. The President of Argentina, Cristina Fernandez approached the United Nations, speaking directly with the Secretary General, Ban Ki-moon in order to request some mediation. However, Ari Gaitanis, spokesman for the Secretary-General stated that mediation would only occur if both parties agree'.

Argentina has remarked in response that they will defend ourselves by every means given to us by diplomacy and international law . Diplomatically, this would mean taking the United Kingdom to the International Court in The Hague (again, only if the UK agree) to determine sovereignty.

Alternatively, and something that seems more common in the current age of international politics, the Argentinean government could actively take back the Islands, as they attempted to do in 1982. This would an illegal use of force in international law and would only create a negative response from the international community.

Legal experts have said that the wishes of the Falkland Islands people trumped those historical claims of sovereignty that the Argentineans. Nathan Searle, a partner of Lovells Solicitors supports this idea, stating that the international law would almost certainly accept the entrenched territorial claims of Britain so long as the Islanders support those ties to Great Britain.

More worryingly, it is becoming clear that there discussions are occurring between the French naval and British naval that would effectively create a defensive alliance. What this could potentially mean is that if a conflict should occur between Great Britain and Argentina, France would be obligated under the agreement to actively partake in the conflict. Such agreements will seriously affect the nature of international law and politics.

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