Friendship and peace treaty of 1984 between Chile and Argentina

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Beagle conflict
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Main Products: Beagle conflict
1881–1970: Beagle cartography
1958: Snipe incident
1971–1977: Arbitration court in the Beagle conflict
1977–1978: Direct negotiations
1978: Operation Soberanía
1979-1984: Papal mediation
1984: Friendship treaty 1984

The friendship and peace treaty of 1984 between Chile and Argentina was signed as a compromise in Vatican City on November 29, 1984 and later ratified in both countries:

  • on December 30, 1984 the contract was approved by the Argentine Chamber of Deputies,
  • on March 15, 1985 by the Argentine Senate,
  • on March 16, 1985 by the Argentine representative of the President Raúl Alfonsín (who was abroad),
  • on April 11, 1985 he was approved by the Chilean military junta ,
  • signed by Augusto Pinochet on April 12, 1985 ,
  • on May 2, 1985, the original documents were exchanged between the foreign ministers.

For this reason, sometimes 1984 and sometimes 1985 is given as the date of the contract.

The treaty includes the drawing of maritime boundaries, a set of rules to resolve interstate controversies, stipulates shipping rights and specifies the border on the Strait of Magellan. He also excludes any impairment of the rights of both states to the Antarctic by this treaty.

preamble

The peace treaty recognizes the border treaty of 1881 between Chile and Argentina and its "accompanying instruments" as the "immovable basis" of relations between Chile and Argentina and begins with the maritime demarcation "from the end of the existing border". This means that Argentina recognizes the initially rejected arbitration award from 1977. The contract no longer refers to the islands that were awarded to Chile in the arbitration award. The contract calls its content a "transaction".

The maritime boundary

The red line on the map is the international border. It also shows points A, B, C, D, E and F agreed in the contract. All islands south of the large island of Tierra del Fuego belong to Chile with the exception of smaller islands (including Gable, Becasses) on the northern bank of the canal. The gray line shows the now obsolete maritime border according to the Laudo Arbitral (arbitral award) of 1977. The blue route is freely navigable for Chilean ships, the white route is freely navigable for Argentine ships between the Beagle Channel and Antarctica and the purple route is with Chilean pilots on board and notification 48 hours before navigable between Beagle Channel and Strait of Magellan.
Point southern
latitude
western
longitude
A. 55 ° 07 ', 3 66 ° 25 ', 0
B. 55 ° 11 ', 0 66 ° 04 ', 7
C. 55 ° 22 ', 9 65 ° 43 ', 6
D. 56 ° 22 ', 8 65 ° 43 ', 6
E. 56 ° 22 ', 8 67 ° 16 ', 0
F. 58 ° 21 ', 1 67 ° 16 ', 0

The treaty draws the routes ABCDEF as a maritime border between the two states. To the west of her lies the Chilean Sea and east of her the Argentine Sea (see picture on the right).

Chilean baselines to delimit inland waters

Both states mutually recognize the baselines they have drawn to limit inland waters. Between the Cape Horn meridian (67 ° 16 ', 0 west) and the easternmost end of the state island , both countries mutually agree to limit their territorial waters to only 3 nautical miles .

About 24 nautical miles south of Cape Horn , the Cape Horn meridian becomes the sea border between the two countries.

The shipping rights

Chile grants ships of all nations navigation rights between the Argentine ports in the Beagle Channel and the Strait of Magellan in both directions through a route precisely defined in the treaty (Magdalena Canal, Cockburn Canal, Brecknock Canal or Ocasión Canal, Ballenero Canal, O ' Brien Canal, Timbales Passage, Northwest Arm of the Beagle Channel and Beagle Channel). To do this, they have to take a Chilean pilot on board and book the trip 48 hours in advance.

Chile grants Argentine ships navigation rights between the Argentine ports in the Beagle Channel and the Antarctic in both directions through a route precisely defined in the contract in the sea area south of the Beagle Channel (between the islands of Navarino and Picton then between the islands of Nueva and Lennox), without Pilots and without prior notice.

Argentina grants Chilean ships navigation rights to travel through Le Maire Strait, the passage between Tierra del Fuego and the State Island, without a pilot and without prior notification.

The Strait of Magellan

The Strait of Magellan has been Chilean territory since the Treaty of 1881 , demilitarized and free for shipping of all nations.

What is new in this regard is the contractually accepted obligation by Argentina to allow all ships free access to and from the Strait of Magellan at all times and under all circumstances.

Through the Argentine recognition of the Chilean baselines , in which the Abra, Barbara, Magdalena and Cockburn canals are drawn as Chilean inland waters, Argentina also recognizes that the Strait of Magellan has no delta on the western mouth. That ended a demand by Argentina to have free shipping in these canals.

Both countries waived any rights beyond their own borders at the eastern mouth of the Magellan Strait. This dismissed the Argentine claim to be co-owner of the Strait of Magellan. The claim was based on the ownership of the eastern estuary (between Cabo Vírgenes and Punta Dungenes) and aimed to be involved in the regulation of shipping.

The peaceful settlement of controversies

The contract provides a set of rules for the political and legal resolution of disputes in the event that direct negotiations should fail. The Pope has a decisive role in the set of rules if mediation is not enough to end the dispute.

The Argentine decree 256/2010

The treaty was put to the test when, on February 17, 2010, the Argentine executive issued decree 256/2010 in the wake of the Falklands conflict. It requires ships that want to sail in Argentine territorial waters and are on their way to or from the Falkland Islands, South Georgia or the South Sandwich Islands to apply for a permit in order to be allowed to make this voyage. The decree was implemented by Directive 14/2010 of the Prefectura Naval Argentina .

On May 19, 2010 the United Kingdom put in a note verbal its rejection of the decree because "it is not in accordance with international law, in particular with the UN - Convention on the Law of the Sea " and with regard to the Strait of Magellan, the note emphasizes that "the Right to navigate these waters quickly and without restrictions is guaranteed in the friendship and peace treaty of 1984 between Chile and Argentina ”.

Article 10 of the treaty states: "The Republic of Argentina undertakes the obligation to uphold the right of ships of all nations to sail quickly and unhindered through its waters to and from the Strait of Magellan at all times and under all circumstances."

Individual evidence

  1. ^ Treaty of Peace and Friendship between Chile and Argentina (with annexes and maps) ( English , PDF) UNITED NATIONS. November 29, 1984. Retrieved April 13, 2019.
  2. Dispute between Argentina and Chile concerning the Beagle Channel ( English , PDF) UNITED NATIONS. February 18, 1977. Archived from the original on February 2, 2012. Retrieved on April 13, 2019.
  3. Argentine executive: Decreto 256/2010. Archived from the original on February 23, 2010 ; Retrieved April 12, 2010 (Spanish).
  4. Prefectura Naval Argentina - BO 26/04/10 - Disposición 14/2010-PNA - TRANSPORTE MARITIMO
  5. Mercopress: UK rejects Argentine decision regarding Falklands' shipping. South Atlantic News Agency, 2010, archived from the original on August 25, 2010 ; accessed on April 12, 2013 .

See also

literature

  • Beagle Channel Arbitration between the Republic of Argentina and the Republic of Chile, Report and Decision of the Court of Arbitration (PDF file; 4.68 MB), in English.
  • Mark Laudy: The Vatican Mediation of the Beagle Channel Dispute: Crisis Intervention and Forum Building ( Memento of May 29, 2008 in the Internet Archive ), in English.
  • Alejandro Luis Corbacho: Predicting the Probability of War During Brinkmanship Crises: The Beagle and the Malvinas Conflicts , Universidad del CEMA, Argentina, Documento de Trabajo No. 244, September 2003
  • Karin Oellers-Frahm: The arbitration award in the Beagle Channel dispute (PDF file; 1.75 MB), reports and documents: Max Planck Institute for Comparative Public Law and International Law.
  • Ministerio de Relaciones Exteriores de Chile: Relaciones Chileno-Argentinas, La controversia del Beagle . Geneva 1979, in English and Spanish.
  • Rubén Madrid Murúa: La Estrategia Nacional y Militar que planificó Argentina, en el marco de una estrategia total, para enfrentar el conflicto con Chile el año 1978 ( Memento of April 23, 2006 in the Internet Archive ), Memorial del Ejército de Chile, Edición Nº 471, Santiago, Chile, 2003, in Spanish.
  • Andrea Wagner: The Argentine-Chilean conflict over the Beagle Channel. A contribution to the methods of peaceful dispute settlement . Publishing house Peter Lang, Frankfurt a. M. 1992, ISBN 3-631-43590-8 .
  • Karl Hernekamp: The Argentine-Chilean border dispute on the Beagle Channel . Institute for Ibero-American Customers, Hamburg 1980.
  • Annegret I. Haffa: Beagle Conflict and Falkland (Malwinen) War. On the foreign policy of the Argentine military government 1976–1983 . Weltforum Verlag, Munich / Cologne / London 1987, ISBN 3-8039-0348-3 .
  • Isaac F. Rojas and Arturo Medrano: Argentina en el Atlántico Chile en el Pacífico . Publishing house Nemont, B.As. Argentina 1979, in Spanish.
  • Isaac F. Rojas, La Argentina en el Beagle y Atlántico sur 1st party . Editorial Diagraf, Buenos Aires, Argentina, in Spanish.
  • Carlos Escudé and Andrés Cisneros: Historia general de las relaciones exteriores de la República Argentina (read here ), in Spanish.
  • Fabio Vio Valdivieso: La mediación de su SS el Papa Juan Pablo II , Editorial Aconcagua, Santiago de Chile, 1984, in Spanish.
  • Alberto Marín Madrid: El arbitraje del Beagle y la actitud argentina . 1984, Editorial Moisés Garrido Urrea, id = A-1374-84 XIII, in Spanish.
  • Luis Alberto Romero, Argentina in the twentieth Century . Pennsylvania State University Press, translated by James P. Brennan, 1994, ISBN 0-271-02191-8 , in English.
  • Divisional General (retired) Juan E. Gugliamelli: Cuestión del Beagle. Negociación directa o diálogo de armas , in Spanish. (The book is a compilation of several articles on the Beagle conflict that were published in the magazine "Estrategia", Buenos Aires No. 49/50, enero-febrero 1978. The title of the book is, in German, The Beagle Question, direct negotiations or dialogue of arms .
  • General Martín Antonio Balza and Mariano Grondona: Dejo Constancia: memorias de un general argentino . Editorial Planeta, Buenos Aires 2001, ISBN 950-49-0813-6 , in Spanish.
  • Francisco Bulnes Serrano and Patricia Arancibia Clavel: La Escuadra En Acción . Editorial Grijalbo, 2004, ISBN 956-258-211-6 , in Spanish.

Web links

  • Broadcast by Televisión Nacional de Chile: "Informe Especial" - El año que vivimos en peligro , temporarily on YouTube ( Memento of March 15, 2007 in the Internet Archive ), in Spanish.
  • Broadcast of the Argentine television History Channel: Operativo Soberanía , temporarily on YouTube , in Spanish.
  • Special edition of El Mercurio de Santiago de Chile, September 2, 2005, in Spanish. It contains u. a., interviews with Ernesto Videla, Jaime Del Valle, Helmut Brunner, Marcelo Delpech and Luciano Benjamín Menéndez. All in Spanish.
  • Interview with Sergio Onofre Jarpa, Ambassador of Chile to Argentina 1978 to 1982 in the Chilean newspaper La Tercera of March 17, 2002, in Spanish.
  • Interview with the then US Ambassador to Buenos Aires, Raúl Héctor Castro, in the Clarín Buenos Aires newspaper , December 20, 1998, in Spanish.
  • Article Historia de la santa mediación en Clarín , Buenos Aires, December 20, 1998, in Spanish.
  • Text of the Tratado de Paz y Amistad de 1984 ( Memento of July 15, 2008 in the Internet Archive ), Dirección de Fronteras y Límites de Chile (difrol), in Spanish.