Vi una captura de este articulo en twitter y me dio curiosidad leer la nota entera. En mi opinión muy acertada y neutra. La edición de The Libertarian Forum también contiene un articulo anterior en el que Rothbard se muestra muy crítico con el Reino Unido y también vale la pena leer.
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THE HISTORICAL CLAIMS TO THE FALKLANDS
Who, Argentina or Britain, has the better historical or international law claim to the Falklands? I take my analysis from a massive and definitive work on the history of the Falklands Question up to the British seizure in 1833: Julius Goebel, Jr., The Struggle for the Falkland Islands: A Study in Legal and Diplomatic H&ory (Yale University Press, 1927). Goebel, a crusty Old Right legal historian at Columbia University Law School, was a friend and disciple of those two Grand Old Men of old-fashioned "isolationist" international law: John Bassett Moore and Edwin M. Borchard.
Goebel begins his study with a thorough international law analysis of when a new, unowned land property comes under national title. On an analogy and extension from the private natural law of "homesteading" - or occupation and possession - Goebel asserts that international law properly grants the ownership and sovereignty of an unoccupied land area (res nullius), not simply to the first nation whose ship finds it or sails near it ("discovery") but to that nation which first occupies and possesses it. The occupation and possession must be an "apprehension," a physical act of taking possession and control, in effect a Lockean mixing of labor with the land. In a detailed analysis of international law doctrines, Goebel gives top honors not so much to Hugo Grotius but to his now-forgotten German contemporary, Johann Gryphiander, who in his then influential Tractatus de Insuls (1623), presented the clearest version of the correct doctrine.
After a lengthy and closely reasoned determination of that doctrine, Goebel then proceeds to apply international law to the history of the Falkland Islands. The Falklands were first colonized by a French expedition under a young naval officer, Antoine de Bougainville, in 1764. Remarkably, De Bougainville financed the expedition himself and from among his relatives, who lived in the French port of St. Malo, whose merchants and sailors were long familiar with the islands. They called the islands a name derivative from their town: Les Malouines, from which the Spanish got their current name, Las Malvinas.
Bougainville established a French colony of 150 settlers on the island of East Falkland (the major island), setting up the fort and village of St. Louis. In 1766, Spain purchased the Malouines from France for a sum of 680,000 livres, and placed the islands under the vice-royalty of Buenos Aires. Meanwhile, in 1765, a British ship had nosed around the neighboring island of West Falkland, and established a small colony there at Port Egmont a couple of years later. (Though "neighbouring," the seas were so rough that it took a few years for each nation to be aware of the existence of the other's colony.)
In 1770, the Spanish conquered the British settlement at Port Egmont, and finally, the following year, the British made a deal with Spain: in return for Spain's allowing the British governmefit to return to Port Egmont, the British would abandon the entire colony after a suitable interval. In 1774, the British fulfilled their unpublicized agreement with Spain, and abandoned the Falklands. Not only that: the British recognized the Spanish right to the Falklands at the Convention of Nootka Sound in 1790.
Spain, therefore, enjoyed undisputed and acknowledged sovereignty to both the East and West Falklands for two generations. During the Napoleonic Wars in 1810, Argentina (along with the rest of South America) went into rebellion against the Bonaparte-imposed regime in Spain, and during the press of war, Argentina abandoned the Fal&mds settlement in 1811. After the Napoleonic Wars were over, however, the South American republics declared their independence from Spain, and the new republic of Argentina sent a frigate to the Falklands in 1820. The Argentine government not only claimed possession of the Falklands, but embodied that claim in action by once again settling the islands in 1826. In order to stimulate the colonizing of East Falkland, Argentina had granted a colonial concession to Louis Vernet. After Vernet successfully planted the colony in 1826, Argentina appointed him governor two years later, and granted him a concession of lands and a monopoly of the fisheries in the Falklands. Fishing regulation, while scarcely consonant with a free-market, has always been accepted in international law as a function of any government in its territorial waters, a function which may not be interfered with by outside powers.
There is precious little fish in the Falkland waters, but there were a considerable number of seals, and foreign sealers persisted in defying the Argentine/Vernet edicts. Finally, in July 1831, Governor Vernet precipitated the final crisis of Argentine rule in the Falklands by seizing three American sealing ships for violating the sealing regulations.
At this point, the United States leaped in to play a fateful role in the coming of British imperialism to the Falklands. Andrew Jackson, despite his commitment to libertarian policies in many areas, was a militarist and an arrogant expansionist in foreign affairs. (It was later to be the Jacksonian Polk who would launch the savage imperial assault on Mexico in the 1840s.) The U.S. consul to Argentina, George W. Slacum, was an inexperienced lout who fit the Jacksonian mould in foreign affairs. Slacum began to launch intemperate attacks on Argentina, and to persistently refer to Governor Vernet as a "pirate" who must be brought to trial. Slacum worked his influence on Commander Silas Duncan, captain of the U.S.S. Lexington then in Argentine waters, who began to rant about steaming to the Falklands and "protecting the rights of U.S. citizens." In the great tradition of 19th century U.S. naval captains, Duncan was a militarist aggressor, ever ready to use American naval force against foreign countries, even unauthorized and on his own whim. Duncan began further to call for the surrender of Governor Vernet for trial as a pirate and robber.
In all probability, the thirst for war by Slacum and Duncan was whipped up by the British consul-general to Argentina, Woodbine Parish, who saw a beautiful opportunity for Britain to fish in troubled waters. Two years earlier, in 1829, Parish had filed a formal protest against the Argentine occupation of the Falklands, claiming that Britain, despite its abandonment of the islands in 1774, was still "really" sovereign of the islands. Argentina paid no attention to a note she regarded as nonsense, and Parish did nothing further until the Vernet/U.S. dispute arose in 1831. Parish now proceeded to tell Slacum that Britain was still the true sovereign of the Falklands, and Slacum, grateful for a way of shoring up the legality of his position, welcomed the point and began to write home that it would be a "terrible tragedy" for U.S. trade if the Falklands should remain in Argentine hands.
Finally, on December 28, 1831, Commander Duncan sailed the Lexington into the harbor of Puerto Soledad (which Spain had renamed from the French Port Louis). After inviting a top aide of Vernet's aboard his ship, Duncan clapped him in irons, and proceeded to invade and lay waste to the Argentine settlement. Duncan seized all weapons, burned all the ammunition, and sacked the settlements, not incidentally confiscating many of the sealskins. Having plundered the Falkland settlement to his satisfaction, Commander Duncan seized seven Argentines, including the Vernet aide, and took them away in irons. On arriving in South America, Duncan only agreed to free the Argentines after receiving assurances that the U.S. Government would retroactively sanction his plunder expedition.
Not that Andrew Jackson was loath to do so. As early as his annual December message to Congress, before Duncan had reached the Falklands, Jackson attacked the Falkland administration as a pirate "band," and announced that force would be sent there to "protect American citizens."
After the Duncan incident, Secretary of State Edward Livingston weighed in, denouncing Vernet as a "pirate". Finally, after a fruitless exchange of charges, the U.S. charge d'affaires at Buenos Aires, Francis Baylies, gave the green light, in an entirely unauthorized manner, to the British to invade the Falklands. In the fall of 1832, Baylies asked Fox, the British minister to Argentina, whether Great Britain, sovereign over the Falklands, would continue to tolerate the "horde of pirates" from Argentina then infesting those islands.
That disingenuous question was all the British needed. The British promptly sent two warships to the Falklands, which claimed and invaded Port Egmont in December 1832 and Puerto Soledad the following January. The British invaded in force, proclaimed themselves the government, and expelled all the Argentine settlers.
Such was the act of naked aggression by which Great Britain ousted the Argentines and gained its rule over the Falkland Islands. Furthermore, the United States government, ever since, has refused to indemnify the Argentines for the illegal acts of plunder committed by Commander Duncan. The excuse was that no indemnity would be paid until the sovereignty question was cleared up. It never has been.
Such is the "powerful" argument, as Samuel Flagg Bemis called it, by which Julius Goebel established the merit of the Argentine claim and the shabbiness of the British claim to the Falklands. But another revelation is the action of the United States, plundering and kidnapping the Argentines, and goading the British on to its invasion of the Falklands in 1833.