scotttswan said:Why would Vernet get it countersigned by the British Consul? He was then an Argentine citizen and the "land grant" was awarded to him by the Argentine Government of the time.
It wasn't until 1829 he was announced as the Commander of the Falklands and Tierra del Fuego. Which Britain protested.
Well, that's what P&P say. Their text hasn't earned my trust but I guess it's plausible that Vernet got the grant countersigned, like an equivalent of what today is having a signature certified by a notary with a Hague Convention "apostille".
I've checked their "Getting it right" doc again, I was wrong to say that they claim that Vernet asked for British permission. What they mention are approaches that he supposedly had towards the British diplomats, like having the grant countersigned, giving them a copy and asking the Consul to invest in his village. Maybe, given the way it's written, some people derived that he was asking for permission as if he were attributing ownership to Britain, and that Britain acted in consequence, but none of the alleged acts implies that. Someone entered that version in Wikipedia, alongside other absurdities in P&P's text such as the insinuated non-existence of Argentina and its refusal to arbitration, and it disseminated on a few other sites.
In any case, the bottom line is that that story is not present in authoritative literature, while these other texts don't provide any valid support to it.
Where are Jewett's orders to claim the islands for Argentina? Why did he not mention it in any report of his voyage to Argentina?
See footnote 8. Gustafson makes the point that, if there really were no orders, Jewitt proclaim could be validated by just a confirmation from Buenos Aires. This happened, at least, in 1823 when they granted land there, and also when they appointed Areguati as governor (P&P deny that he was appointed but see footnote 6).
Besides, though it's not important, how can we know that Jewitt didn't inform Buenos Aires? To support that assertion, P&P only mention that he didn't include it in one report he wrote, of which they don't offer a reference. Was one report the only communication he had with his superiors?
Borders were VERY flexible. Texas later became part the the USA, Bolvia lost access to the sea.
Mexico relinquished Texas in the peace treaty that ended the Mexican-American war, with the precedent of a successful secession of the state years before, and Bolivia ceded its access to the sea in a treaty some years after the War of the Pacific. To attain title, there had to be a case according to the law of the time which, as I said before, included a right of conquest that made borders more flexible compared to our days. But it didn't mean that everything was valid. Argentina's case takes that law into account.
Lets ignore the few months that Vernet actually had a colony there.
There were years, not months. He started it in 1826, as it is mentioned in several good sources. In 1828 he was granted more land and moved his family to the islands. Would you move your family, including young children, to a harsh place if there is not a settlement working yet?
What about the Arana-Southern Treaty? Where Argentina effectively gave up any right they had to the islands?
Why were there annual protests from when Britain reasserted her right to the islands until 1849 but these suddenly stopped after the treaty was signed?
38 years later they protested in 1888 and then stopped again until it was well into the 20th century.
I will get into that on the third post. To put it short, the Treaty refers to something else and, a few months before, the British FO had "asked" Argentina to stop sending complains by stating, in writing, that a lack of protest should not be considered as acquiescence. The latter point is treated by Hope in the paper I referenced before.
That 35-year period without protests was the longest one. According to Gustafson in his book published by Oxford University, 'The Argentines have continued to regularly register official protests against the British. After Moreno's second protest in 1841, they protested in 1849, 1884, 1888, 1908, 1927, 1933, 1946, and yearly thereafter in the United Nations.'
These 'points' you're mentioning are not made in proper literature, only in P&P's pamphlet, Wikipedia, and a few non-rigorous texts around the Internet like the one that opens this thread.
Their right to self determination should be respected.
The self-determination principle requires a territorial argument. It doesn't mean that people are entitled to whatever land they occupy, the world would be a mess if it were so. This is consistent with UN documents and it is explained by Brilmayer in this paper from Yale Law School. I will get into this subject on my third blog post.