Between territorial integrity and the self-determination of peoples

Abstract

The objective of this study has been to investigate whether the conflicting interaction between the principle of self-determination of peoples and the principle of territorial integrity, considering them as opponents of equal importance, is legally fruitful in the context of the Falkland Islands (Malvinas) Issue. The possibility of reexamining the scope of the self-determination principle to harmonize it with the sovereignty claim asserted by the Republic of Argentina regarding these archipelagos has been proposed. Conclusively, it has been affirmed that adopting a perspective rooted in International Human Rights Law proves advantageous in alleviating the apparent tension between the principles of self-determination of peoples and territorial integrity. This approach allows for a redirection of efforts towards promoting the right to self-determination among the populations who truly deserve to benefit from it.