ARGENTINA'S DEMAND FOR DRY LAND POINT FOR DEMARCATION OF MARITIME BOUNDARIES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0005617745
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: June 24, 2015
• Document Release Date: April 18, 2011
• Case Number: F-2009-01666
• Publication Date: December 18, 1978

(b)(1)
(b)(3)
NFAC-5624-78
1 8 DEC 1978
SUBJECT . Argent=ina?'s. Demand...for. Drv l nd Po.i.n.t...for. Demarcation
of.Maritime Boundaries)
1. Action: For your information in response to questions you
raised on Beagle Channel Alert Memorandum.
2. Background: In the Beagle Channel dispute, Argentina is
demanding that Chile cede a dry-land point for the demarcation of
maritime boundaries., a concession Chile is unlikely to make atthg
Foreign Ministers' meeting scheduled for today, 12 December. u
3. Evout and Barnevelt Islands, both of which the Argentines
believe are uninhabited, are annotated on the attached map. Argentina
apparently intends to acquire one or both of these as dry-land points
for the demarcation of maritime boundaries. They may also try to
obtain part of Horn Island to establish a dry-land point for the Cape Horn
Meridian. Reportedly, Argentina will seize these islands within 72 hours
unless Chile turns them over to Argentina in the meeting today. Note that
even if Argentina were to seize these islands, it would have no legal
basis on which to declare a maritime boundary in the region.
4. The attached map shows one version of the respective maritime
claims of Chile and'Argentina. There is insufficient evidence available
to show fishing banks and oil/mineral deposits on the map. E]
5. I draw your attention to the attached State Department cable,
number 311008, which is the most concise and authoritative piece I have
seen on the subject.
APPROVED FOR RELEASE[]
DATE: 04-Apr-2011
 ^~~
South
America
,t
*BUEJOS AIRES
PUERTO BELBRA*O
I
Falkland Islands
(Administered by
a U.K.,claimed by
GEo San
SLA PICT N
+
SLA NUEVA
ISLA LENNO%, I
jSUS ROUT '
Islands the Argentines
might occupy
Argentina'sl
&1M Ru ORNO I Chile's
Cape Hom Claim
Islands and appurtenant islets and rocks awarded to Chile C 1 a i m
by International Arbitration Court in May 1977. I r1il
 02/25/ CONFIDENTIAL FRP; , , r4, , r r
ACTION: NONE INFO: ODPS-5, RF, FILE, DDD-4, CR/NH, CRG-2,
CRC/WH, D/FBIS-2, EPS/EG-2, EUR-3, FR, IAD/CAS-3, IAD/SOG-4, LA-3r
: 0%L A, DGLR-2i QGCR/ER-2r.ORPA-Sr OSI/FPB, OSR/RA,.PCS/INT, .(41/W)
tiles-------------- -------------------------------------------- m --------------
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R!1FNPS/AMEMBASSY PARIS IMMEDIATE 0000
RUFHRO/AMEMBASSY ROME IMMEDIATE 0000
RUDKGPO/AMEMBASSY THE HAGUE IMMEDIATE 0000
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RUEHDT/USMISSION USUN NEN YORKE IMMEDIATE. 0000
RULPALJ/USCINCSO IMMEDIATE
BT
c :O N F I D E- N T I A L STATE 311008
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2. THE FOLLOWING IS.SUMMARY PREPARED BY INR DESCRIBING
THE. ARGENTINE AND CHILEAN BEAGLE CHANNEL CLAIMS:STRIPPED
TO THEIR ESSENTIALS. IT IS SENT TO YOU FOR YOURBACK-
GROUND AND UNDERSTANDING OF THIS PROBLEM AND IN THE'EVENT
THERE 15 ANY REO_UIREMENT TO DISCUSS THE ISSUE WITH HOST
GOVERNMENTS.
3. THE POINT OF CONTENTION IS THE DELINEATION OF MARI-
TIME/TERRITORIAL BOUNDARIES IN THE REGION SOUTH AND
EAST OF THE BEAGLE CHANNEL. .
4. ARGENTINA: THE ARGENTINES' CENTRAL CONCERN IS THE
PRESERVATION OF WHAT THEY CONSIDER THE TRADITIONAL'v
HISTORICAL DISTINCTION BETWEEN ARGENTINA, THE ATLANTIC
POWER, AND CHILE, THE PACIFIC POWER. AT STAKE .15 :PRES-
TIEGE, POTENTIAL MARINE RESOURCES, AND TERRITORIAL:CLAIMS.
IN THE ANTARCTIC.
THE ARGENTINES WANT TO ENSURE THAT THE BOUNDARY WILL
PREVENT THE CHILEANS FROM PARLAYING THE BEAGLE CHANNEL
"LAUDO" INTO TERRITORIAL RIGHTS FAR INTO THE ATLANTIC TO
THE SOUTH AND EAST OF THE CHANNEL. CONVINCED THAT
INTERNATIONAL:MARITIME LAW HAS B:COME A SOMEWHAT EPHEMERAL
BASIS UPON WHICH TO REST THEIR CLAIMS, THEY ARE INSISTING
ON POSSESSION OF ONE OR MORE ISLETS UPON WHICH TO ANCHOR
THE NORTH-SOUTH BOUNDARY FROM THE CAHNNEL TO CAPE HORN
ISLAND. FROM THERE, THE ARGENTINES AND CHILEANS AGREE
THAT THE LINE SHOULD PROCEED DUE SOUTH ALONG THE CAPE
HORN MERIDIAN.
VARIOUS ARGENTINES HAVE MENTIONED POSS:SSION OF SPECIFIC.
ISLETS, BUT THEY WOULD PROBABLY BE FLEXIBLE ABOUT'THE
CHOIC- OF ANCHORS. IN THE LAST FEW W:EKS, THE ARGENTINE.
POSITION SEEMS TO HAVE HARDENED WITH RESPECT TO POSSESSION
OF SOME FRACTION OF CAPE HORN ISLAND. AGAIN, HOWEVER,
WE THINK THAT THE ARGENTINES WOULD-COMPROMISE IF OTHER
ISLETS WERE AVAILABLE.
5. CHILE: CHILE CLAIMS SOVEREIGNTY OVER THE CHANNEL
ISLANDS AND ALL ISLETS TO THE SOUTH AS FAR AS AND IN-
CLUDING CAPE HORN ISLAND. ITS CASE I5 JURIDICALLY
 78 1684515 PAGE 003
TOR; 091949Z DEC 78.
GROUNDED IN THE FEBRUARY 1977 "LAUDO" AND AN 1881 TREATY.
IT ADAMANTLY REFUSES TO DISCUSS TERRITORIAL=SOVEREIGNTY
WITH RESPECT TO ANY. AND ALL ISLETS THAT MIGHT PROVIDE
THE ANCHORS ARGENTINA SEEKS. THE CHILEANS OFFER ONLY
TO DISCUSS A MAR_I.TQME BOUNDARY, AND THEY PROBABLY PREFER
ONE THAT BEGINS PERHAPS 12 OR MORE MILES TO THE -AST OF
NJE/W ISLAND, PROCEEDS SOMEWHAT SOUTHEAST, AND THEN.
BENDS 'SOUTHWEST TD FINALLY INTERSECT WITH THE CAPE HORN
MERIDIAN SOUTH OF CAPE HORN ISLAND. (THIS IS A GUESS
AT WHAT THE CHILEANS MIGHT ACCEPT. THE IMPORTANT POINT
IS THAT THERE ARE NO LAND ANCHORS.)
6. THE LEGAL-PO ITICAL DISTINCTION: ARGENTINA'S CASE
IS ROOTED IN ITS UN RSrA N 0 STORICAL PRECEDENTS
AND NATIONAL INTEREST, T IT HHAS..LITTLE STANDING-IN
INTERNATIONAL. LA& IT, THEREFOR , AS TE17 `1TE'RY-
EF O PLACE THE DISPUTE WITHIN A POLITICAL, NON-
JURIDICAL CONTEXT. IT WANTS A FRAMEWORK IN WHICH NEITHER
THE "LAUDO" NOR TREATIES WOU,t,,_D INHIBIT A $OLOMON ism
DIVISION OF ISLETS IN A FASHION THAT WQULD SATISFY
E1 IN~%'S~DrTN FE T NEEDS AND POSSIBLY BE ACCEPTAB T;{E CHILEAN CASE IS ESSENTIALLY A COURT BRIEF. IT IS
HIGHLY LEGALISTIC (UNDERSTANDABLY SO SINCE THE CHILEANS
HAVE THE WEIGHT OF INTERNATIONAL LAW ON THEIR SIDE).
FOR A SOLOMON TO M:DIATE ON THE OU STI N OF TER1TORIAL
S ne 3 ASE TMF~nturnr_ L-F_&A..,y_"6E.FINF6
THAT -NEEDS TO B,E_ D.LMID... THE MEDIATOR NEED ONLY BE
CONCERNED WITH THE MARTIME BOUNDARY THAT WAS NOT ESTAB-
LISHED BY THE "LAUDO" OR PREVIOUS TREATIES.
7.. IMPLICATIONS FOR BILATERAL NEGOTIATIONS: THE;POSI
TIONS ARE MUTUALLY EXCLUSIVE. THE DISPUTE REMAINS
INTRACTABLE BECAUSE BOTH PARTIES BELIEVE THAT THEY ARE
DEFENDING SIGNIFICANT NATIONAL INTERESTS. THE CHANCES
FOR COMPROMISE HAVE BEEN WEAKENED FURTHER BY THE FACT
THAT VIDELA'S RELATIVELY WEAK POLITICAL POSITION AT
 78 1684515 PAGE 004 NC 1684515
TOR: 091949Z DEC 76-
------------ ........... ......... -v..................v-v..v-v-ouo-mc?
HOME MAKES IT UNLIKELY THAT HE CAN MAKE HIS HARDLENERS,
SWALLOW LESS THAN A FULL LOAF, AND PINOCH:T HASAPPAR-
ENTLY CONCLUDED THAT HIS DOMESTIC SITUATION CAN ONLY
BE IMPROVED IF THE ARGENTINES INDULGE IN NAKED AGGRES-
SION.
8,'-IMPLICATIONS FOR MEDIATION: THE POLITICAL-LEGAL
DISTINCTION ENORMOUSLY COMPLICATES THE TASK OF GETTING
THE ISSUE TO A MEDIATOR FOR TWO REASONS:
-- DECIDING WHAT TO MEDIATE; THE TWO SIDES DISAGREE
ON WHAT IS TO BE MEDIATED (TERRITORY OR MARITIME BOUNDARY)
AND ARE UNLIKELY TO PROCEED WITHOUT CLARIFYING THE POINT.
DECIDING WHO WILL MEDIATE: TH; CHILEANS WILLINATUR-
ALLY_INSIST ON THE ICJ OR AN ALTERNATE THAT WILL.ENSURE
A DECISION BASED, ON JURIDICAL. CONSIDERATIONS.. THE
ARGENTINES HAVE ALREADY SAID THAT CHILEAN SUBMISSION
OF THE CASE TO THE ICJ WILL BE VIEWED BY BUENOS AIRES
AS AN UNFRIENDLY ACT. THE ARGENTINES WILL INSIST ON THE
POPE OR ANOTHER MEDIATOR WHO THEY BELIEVE WILL ADOPT
THE.SOLOMON APPROACH OF SEARCHING FOR A POLITICALLY
ACCEPTABLE, IF LEGALLY SUSPECT, SOLUTION.