Legal Question in International Law in California
In case of a litigation like the Falkland Islands Sovereignty Dispute between UK and Argentina, what's universally agreed or more accepted?
- As long as adjudication isn't mandatory in International Law, how does the conflicts resolve themselves without the surrender of the claim by one of the parties? Are they pending forever as long as both parties didn't agree?
- If one of the sides has a better claim, does it make it final and ultimate? Or the surrender of the claim is imperative to make the dispute final?
- Isn't a treaty, mediation, arbitration and adjudication the only way of settling an international litigation ultimately and make it final and binding?
- Does a claim based on Prescription resolve itself without the aforementioned tools (treaties, arbitration, etc.) In order to establish Acquiescence and Presumption of Neglect isn't necessary to have any kind of Mediation, Arbitration and Adjudication to ultimately decide if that really took place?
Thank you very much!
2 Answers from Attorneys
Argentina went to war with the UK over its claim to the Falklands/Malvinas. The UK won. The sovereignty dispute is over, and Argentina lost.
I dont know much about the specific dispute, but generally speaking, yes disputes continue until resolved. Because of the general international law policy of non-interference, it is usually up to the parties themselves to resolve the matter through negotiation, with good offices or mediation. Arbitration and adjudication are usually not worth the risk to either side, and courts do not generally have authority unless the parties submit to its jurisdiction. Only the security council would have authority to intervene if there was a security interest there. Can failure to voice and maintain a claim weaken its political strength and perceived viability? Possibly. Please note the below.
Best,
Daniel Bakondi, Esq.
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The Law Office of Daniel Bakondi, APLC
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