scotttswan said:
I understand you are trying to say self-determination does not apply to the people but i strongly disagree. If they were to be handed over to Argentina and then they promptly declared independence would Argentina recognise and respect their right?
All people are entitled to self determination, what I'm saying is that it doesn't imply that they can decide which country is sovereign over whatever territory they live in. Bear in mind that the self-determination principle was advanced to liberate peoples who didn't have the possibility to live under their free political organization. The islanders can live under the political organization of their choosing, because they have the choice to move into Britain. There is a different matter in discussion regarding Falklands/Malvinas, which is the right of the British people, or of that British 'minority', to that territory.
Brilmayer's paper is about that distinction, made to bring into agreement two principles that are popularly thought to be sometimes incompatible: the right to self-determination of
all peoples, and the right of nations to their territorial integrity. She writes:
While international law does not provide a right of secession, separatists have nonetheless relied on particular provisions of international law in making their secessionist claims. They have focused on the United Nations' clear recognition of self-determination, while disregarding the accompanying caveats that the principle does not supersede a state's territorial integrity. But the self-determination argument potentially supports an unlimited right to withhold individual consent to state authority. Proponents of secession therefore face a very slippery slope in formulating a right to secede that does not open the door to complete anarchy. One way to limit the right of self-determination is to claim that self-determination is appropriate for nations or peoples, but not for minorities. The issue then becomes whether the separatist group is a nation or a people.
[...]Although secessionist rhetoric may focus on freedom from domination by an alien culture, it does not achieve this goal simply by abandoning land. An important element of the goal is the continued possession of a particular piece of land within which political rights can be enjoyed.
[...]By choosing secession rather than emigration, secessionists assume a duty of justification that refugees need not bear. Secessionists must somehow establish a claim to the territory on which they would found their new state. Such claims to territory do not flow automatically from ethnic distinctiveness. Groups that are ethnically distinct, but possess no independent territorial claims, have very poor chances of convincing anyone of their right to secede. Imagine, for example, a group of recent immigrants coming to a particular state in order to engage in commerce or to find jobs. Even if this group is ethnically quite distinct, it cannot establish the requisite claim to territory simply by migrating to an already inhabited area and settling there.
I'm trying to say this since the beginning of the thread. I see your disagreement, I feel it's unfortunate but OK. I just feel compelled to answer when you say that I didn't answer, or you repeat a question already answered abundantly, or offer further statements from jingoistic websites like you did the past days.
scotttswan said:
What if Tierra del fuego, Rio Negro etc suddenly decided enough was enough and they wanted independence would they have the right to self determination?
To answer, we would need to define a scenario where those provinces would want to succeed, entering a very-hypothetical territory. So let me answer with a more palpable example: let's say the German community at Villa General Belgrano, in Córdoba, wants to secede. Would they have that right? Not according to Brilmayer's interpretation at the very least, because they wouldn't have an argument for that territory, as they simply immigrated into that piece of Argentina, and they most likely wouldn't be considered 'a distinct people' with the strength required by the secessionist argument, but rather as a small German-Argentine community. Not surprisingly, awarding them that right would mess up things with immigrant communities and minorities all over the world.
There are twice as many people in Villa General Belgrano than in the islands, where the territory being claimed is perhaps a million times larger, literally. Therefore, to make the analogy with the islands fairer, let's imagine there's a hefty gold mine in V.G.B., and Germany offered the town folks a piece if they secede, opening the opportunity for Germany to enjoy that mining business and build a military base there...
scotttswan said:
I believe they would just like my own country Scotland has the right to self determination and the Falklanders have the right to self determination.
We all have the right to self determination, we just need to see what it implies and what it doesn't. If Scotland decides to secede, it will put on the table its particular characteristics as a distinct 'people' and its argument regarding that territory, which obviously have nothing to do with the arguments of the islanders or the people at Villa General Belgrano, Tierra del Fuego and Rio Negro.