Solution Protocols to Festering Island Disputes by Godfrey Baldacchino

Author:Godfrey Baldacchino [Baldacchino, Godfrey]
Language: eng
Format: epub
ISBN: 9780367218775
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Publisher: Taylor & Francis
Published: 2019-01-17T00:00:00+00:00

The Beagle Channel has been the site of one of the most politically charged boundary disputes and – noting that the claimant states have both largely Roman Catholic populations – was finally resolved through papal mediation (Anderson, 2003, p. 170). Like the Diaoyu/Senkakus, the ‘PLN’ islands are small, barren and uninhabited; but, given their geo-strategic location, their title bears important consequences in terms of navigation rights, claims to contiguous islands, the delimitation of the Strait of Magellan and further to maritime boundary claims to the south of Cape Horn. Now, subject to the 1984 Treaty, Argentina has recognised the islands of Picton, Lennox and Nueva, and their appurtenant surrounding islets, as Chilean territory. However, the Treaty sharply restricts the exercise of Chile’s sovereign rights: for example, the legal effects of Chile’s territorial sea around these islands is limited, in their mutual relations, to a strip of 5.5 km (three nautical miles) measured from their respective base lines – rather than the customary 22.2 km (12 nautical miles) permitted in such circumstances by UNCLOS. This provision widens the area of ocean over which both Argentine and Chilean fishers can operate. The 1984 Treaty also endorses the bioceanic principle, thus limiting Chilean rights in Atlantic waters in favour of Argentina (Kacowicz, 1994, p. 289). There are also two reciprocal interlocking arrangements in place, whereby both Argentina and Chile have consented to have their sole sovereignty over stretches of their maritime border curtailed in order to accommodate navigation by maritime traffic belonging to other countries.

For our final detailed case in this chapter, we travel to the far European north and Svalbard. Just like the case of Åland treated earlier in this chapter, we discuss a sparsely populated archipelago that became an intriguing jurisdictional anomaly as a result of another international treaty that was proposed and accepted in the aftermath of World War One. In this case, the state that maintains sole sovereignty over Svalbard is Norway.

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