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Filmus denies Argentine sovereignty in Antarctica saying “that, for now, it belongs to no one”

The former secretary of Malvinas of Cristina Fernández de Kirchner and Alberto Fernández, Daniel Filmus said in an interview with journalist Pablo Esteban from Página 12; that Antarctica “is a territory that, for now, belongs to no one.”

21 de May de 2024 20:24

Daniel Filmus at the Marambio Base in February 2023, then Minister of Science, Technology and Innovation of the Nation.

The former official's statements to Página 12 caused new irritation in the already convulsed national diplomatic and political field; given that they collide head-on with the historical position of the Country - clearly known by Filmus -; which in legal terms affirms that Argentina has sovereignty over the Antarctic Sector between the meridian 25 degrees W and the meridian 74 degrees W, south of the parallel 60 degrees S. to the South Pole. Sovereignty that was proclaimed with respect to a territory “res nullius” (nobody's thing or without owner) , at the time he occupied it ; by establishing the Orcadas base in 1904 and maintaining a permanent and uninterrupted presence since then .

Even so, the two-time secretary of the Malvinas, Antarctica and South Atlantic of the Nation told the journalist: “The first thing to understand is that this is not Argentine territory. The original signatory countries of the Treaty, including the USSR, Chile and the United Kingdom, have sovereignty claims over the Antarctic territory. When it was signed, although the demands were protected and given legitimacy, the requests were postponed without a deadline. It is a territory that, for now, belongs to no one.”

 

Chile understands what Filmus forgot

In favor of Argentina, it is worth remembering that it was only about 40 years after the installation of the Orcadas Base, and long before the existence of the Antarctic Treaty, that another State - the United Kingdom of Great Britain - created an Antarctic base.

The sovereign rights of the Nation in Antarctica are also understood by Chile. Country that, together with Argentina, recognizes each other's respective territorial claims, with the overlapping geographical portion being subject to delimitation.

Furthermore, the exercise of territorial powers in Antarctica is subject to the wise formula contained in Article IV of the Antarctic Treaty of 1959 "by which " no one gives up anything," says one of the most important professionals in the field of law. international of Argentina on the matter, consulted by Agenda Malvinas.

In this way, Antarctica is made up of States with sovereignty, States with claims to sovereignty, those that claim to have grounds to claim sovereignty when the Treaty ceases to be in force, and States that do not recognize the position of the previous ones. It is worth saying in conclusion that the aforementioned Article IV preserves and protects the position of all parties . In our case, sovereign rights sustained for 120 years of uninterrupted permanence.

 

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