LATIN AMERICA: TERRITORIAL AND BOUNDARY DISPUTES (DELETED)

Created: 1/1/1976

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Latin America: erritorial and Boundary Disputes

The confliel between Argentina ind ibe Unitedover the Falkland lilindi hit focused world attention on international territorial dispules,hese in Latin America. Many coontriet is Central and Southare at odds with each other over theii international boundaries, most of which are legacies of colonial liroeafSome of the disputes aie dornunt. bulthose between Ecuador and Peru and between Argentina andthe source of continuing sharp pro? tests and even sporadic open conflict.'

The legal principle of ult possfdetti (retainingby which the Spanish colonial boundatfc iat tbe lime of independence are recognized as the boundaries of (he nation-states that emerged in Latin America in the, has in many cases not proven useful {pjfficultics arise where other colonial powers did not recognize Spanish claims or where the language relating to boundaries in old documents is^ unclear and Open lo differing interpretations.also result from attempts by coastal states lo extend their maritime boundaries and fromclaims to offshore islands, interest in which has increased because they ire the key tdtlaims on ocean resources. The irredentist drive lo regain territory lost in past wars is aiwlhcuactor keeping many, disputes alive in Latin AmericajThis paper reviews'some of the major boundary and territorial problems that continue to plague the region.^Pjg /

alvador-Honduras* Although agreements inh century established most of the boundaryEl Salvador and Honduras, no treaty delimited Ihc entire bouodary^ispuies have been common along the frontier, especially in lhe east. Any Ices of land would affect densely populated El Salvador more adversely than sparsely populated HoRilu^fBJ^t

den It be! ween Ihe two countries became interne in the, culminating Infull-scale Warith Salvadoran troopsnto Honduras. Both sides agreed0emilitarized zone on both sides of the border, and1 peace protocol to settle the dispute was signed.

In0 agreement was reachedeneral peace irealy lhat called for demarcationo-thirds of the boundary and setommission to work toward resolving the undemarcatcd segmentsfThc agreement is designed toolution in areas being exploited by leftist insurgents for training and infiltration. Although coordination bas for1 some lime been carried out regularly between Honduran and Salvadoran mililary units along lhe border, noi until recently have there been significant joint operations against the insurgenujn2 the presidents of the two countries met in Honduras and calledilateral settlement and demarcation of the boundary.

Bilizt-Gaaumala. Guatemala alleges,lhatby the British of certain portionsh-ceniury boundary treaty rives Guatemala, asof Spanish rights in the area, sovereignty over Belize. On the other hand. Belize (known as British Honduras3 and independent from Britain sinceolds that its presentwere fixed by the treaty9 and (hat its territorial integrity anffjsovereignty have neverequirements

Guatemala!^

iplomatic resolution of the disputeecisive military action is likely to take place in the

- near term. Although Guatemala's military forces have at times made threatening- moves in the border regioe. Ihey art now mostly occupied with suppressing leftist insurgents at home and are unlikely to take

v military action against Belize until internal problems are settlei

The territory comprising present-day Belize was* largely ignored by early Spanish colonists. Only sparsely inhabitco by Indians, it was settled by British subjects who were granted rights by Spain to cut logwood. Belize came to be regardeda British settlement in territory under Spanish sovereignty. In the. as Spain gave up control of Central America, the British expanded their activities and influence into most parts of what is now Bclizean territory and exercised de facto sovereignfy.lB

9 Britain and independent Guifsmalareaty lhat delimited the present boundary between Guatemala and Belize. This treaty contained an article callingoute lo be established by Britain and Guatemala from Guatemala City to (he"near the settlement ofuatemala,that Britain had reneged on the route-building article, abrogated the entire treaty9 and claimed sovereignly over Ihe area as part oformer Spanish colonial Captaincy General of Guate-

The dispute remained mostly dormant untilhen the British became increasingly anxiousrant independenceelize but onlyjf an agreement could, be worked out with Guatemala!

, Ecuador and Peru have been embroiledontinuing boundary dispute over Ecuadorean access lo tbe Amazon. The dispute, centered on territory in the Upper Amazon basin, has caused numerousarmed clashes In lhe past. There are actually two undemarcaied segments in dispute one Is atxtreme northern boundary and ibe second near the southern border of Ecuador. These are partuch larger area which was disputed prior lo

so-called OwleffM

The origins of the controversy may be traced to vague or incorrect descriptions of boundaries in Spanish colonial documents. This disagreemenlactor leading to war between Gran Colombiaederation of Colombia, Venezuela, and Ecuador) and Perun which Gran Colombia1 gained the upper hand. Peru was prepared at the end of hostilities to surrender the territory north of the Rio Maianoo. but before the details could be worked out Ecuador spUi off from Gran Colombia, and the balance of power tilled in favor of 1'eiu

The issue finally ca'meead in1mall-scale war broke out along lhe border after Peru occupied and administered territory long claimed by Ecuador. Peace was restored on2 with the signing of the Protocol of Peace. Friendship, and Boundaries in Rio de Janeiro. This treaty wasby the United Slates. Argentina, Brazil, and Chile and became known ai lhe Rio Protocol

series of

ladorean governments have pointed out that the-Protocol was based on inaccurate geographic infornia-tioo, which makeslit impossible to delimit the bounji-ary 'as called for in the Protocol. They have called for its revision to giveorridor to the Rio Maraain tributary of the Amazon.0 Ecuadorean President Ibarra declared that the Rio Protocol was not binding on the grounds that it was signed under duress.

[Jn the last few years, border violations have raised tensions. Inonflict broke out after the discovery that Ecuadorean troops were-occupying outposts in (he disputed territory. Peru regained the

Continuing negotiations finally resulted in theAgreement .of MarchbyBrilaiiwand Belizehis agreement only outlined issues io be brought* in future discussions, bul rioting broke out in Belize

iu independence "with no agreement having been reached with Guatemala ^IM

the dispute is now quiet, it could be revivedorder incident or because either country's

BolMa-Chllt'Pern. This dispute centers on thelandlocked Bolivia to gain the sovereign outletsea that it once enjoyed. When Boliviafrom Spaint laid claim tofrom the Andes westward to the Pacific.deposits of nitrate] were discovered indiscussions weretween6 that ledoundary settlement andof the mining revenues.9 ChileBolivia's taxationhilean nitrateBolivia confiscated the company. Chilewar on Bolivia and also on Peru, whichwith

Peru

TACNA

It-

A RICA

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PnuvitnJ tetiilorf

Chile!

ptvcvtrd IO it ikM (j

Argentina

By ihe Treatynding lhe War of the Pacific. Bolivia lost iu coasts! MrrL.vy to Chile and Peru lost some (erriiory permanently and was forced to cede two Southern provinces to Chile forears, afterlebiscite was to be held lo determine final possession. The plebiscite was never held, but9

Bolivia-Chile-Peru

..IV

Argentina-Chile

an agreement was signed dividing ihe disputedof Tacna and Arica, the former Peruvian provinces, between Chile androtocol of the treaty enjoined either party from ceding territoryhird country without the consent of Ihe other. Thus Bolivia became theH

In tbehile consideredorridor on the Chilean side of tbe present Chile-Peru border, in territory losl by Peru in lhe War of lhe Pacific, in exchange for land elsewhere.roposal for tripartite control of the rnost seaward portion of lhe obrridor, which Chile rejected.

Bolivia repudiates the notion that4id "inrguing lhat it was Imposed by force after an unjust wii. All recent Bolivian presi-dents have strongly reaffirmed Ibis

Santiago has publicly stated that4 Treaty resolved once and for all the frontier between Bolivia and ChilefSome supporljexisU' in Chile for granting Bolivia access lo the sea tinder conditions favorable lo Chile. Chileans are, however, an intensely MtkiMlis-tic people, and we believe an issue as important as the cession of territory without the overwhelming consent of Ibe population would be

Bolivian public opinion, as reflected in tbe La Pai mcdia^ujlronely opposed lo the Ideaar.

aee1 Tfluidjd ind Tobago-

,a tuii'ii , i.

United Sulci and Colombia exchangedach >ide retogniring the existence or the other's claims. Aho8 Colombia and Nicaraguaeparate treaty by which Nicaragua yieldedof the cays to Colombia. Finally, inndersea petroleum exploration resulted in renewed interest in the region and claims by both Colombia and Nicaragua, the Jailer basing its rights on the ssertion thai the cays are part of its continental shel-

MRCHWElAGO OE SaN aWDREs

On.. aovioBNCM

itten

Nicaragua

-.fi'iu;. 2 * *

now

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, 1} 2 the Uniled Sutesreaty, with Colombia offering to drop the US claims) Colombia mainlained Ihal ill maritime domain in the Sin Andres Arcbipeiago. which it has adminiiteredncluded the disputed cays.2 treaty wilh Colombia was not ratified by the US SenateT]vl|

0 the new Nicaraguan Government, according to Nicaraguan press accounts, rejected8 iwndary treaty bclwcen Colombia and Nicaragua

The Falkland;

V^ltU. dMMl If ll|IH.tl

negotiations between Colombia and Nlcar'iJgua To solve the dispute seem unlikely because Colc-mbia docs notjacknowledge the existence orapcobleM. While both sides mayillingness to laik, neither would be willing or able to grant publicly any conceuidns. especially concerning Colombia's sever-efgnty over San Andres'and Prc^ctencin

The Fulklandt. Long governed and populated by IheBritish, the Falkland* are claimed by Argentina, hich sea iuclf as the inheritor of early Spanishclaims to what it calls Las Isos Ms Ninas. Argentina maintainsh century papal bulls gave Spain sovereignly of lhe islands, thai Argentina hadand governed ihem, and lhat geologically tbey are part of Argentina's continental shelf. The British, who visited the islands as earlyecognize neither Ihc former Spanish nor Ihe current Argentine claims to thehey evicted the Argentines3 and have continuously governed ihemolony ever uncellB

Interest in the Falkland* increased with speculation about offshore oil and because of their strategic position near South Atlantic shipping lanes.over the islands will abo haves bearing on tcrntciri.il claims in the Antaraic "gjgjgj

Colombia-Nicaragua, Al Issue between Colombia and Nicaragua is sovereigntyumber of cays and small Islands in the Caribbean. They are locatedilonfiters from lhe Nicaraguan mainlandndfrom Colombia.

in theii century, the disputedof which are Quiia Sueno, Roncador. andwere declared appurtenant lo tbe United Stales under provisions of lhe Guano Islands Actolombia claimed ihem, asserting that it alone had inherited sovereign title from Spain.8 the

Argentina-ChHt. The longstanding dispute between Argentina and Chile over territorial rights uVand-around Tierra del Fuego's Beagle Channel has its roots in national pride but also involves strategic j, control over transportationonflicting clairrts in ihe Antarctic, maritime fishing and seabednd possible offshore petroleum

A

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SOUTH ATLANTIC QCIAN

IslaOt Tibii* atl Fvtgo *

rgentina

DEL FUEGO

TIERRA

inc ocrtf ;

The archipelago of Tierra del Fuego comprisesislands south of iho Strait of Magellan at the sout hern tip of South America. Historically,has claimed all Atlantic waters in. around; and south of the Beagle Channel while recognizing (bat Chile is sovereign in the South Pacific.^|

1 treaty stipulated lhat the boundary in ihc region should run north-south through Tierra del Fuego, dividing Isla Grande into iwo parts,rgentina gelling the castrri pad and Chileestern part. Ail "Standi south of ifce Beagle Channel wereo, to Chife.^JJJ^'

Differing interpretations of1 treaty mx.ii emerged. Chile, maintaining lhal the eastern portion

or ihc Hcigie Channel exiw j$ to ihe call of the imaE! islands of Piclon, Lennox, and Nueva. claimed them as part of iu territory- Argentina, on the other hand, holding lhal the eastern portion of ihe Channel actually lies to lhe west of ihe Islands, claimed ihem as itseneral Treaty of Arbitration was signed by Chile and Argentinaut further efforts lo resolve the Beagle Channel issue failed ledl) HH

1 Chile and Argentina agreedompromise calling for an arbitration panel composed of five members of the International Court of Justice lo decide the mailer of sovereignly over lhe disputed islands. The panel awarded the islandsrgentina's rejection of the decision brought

a and Chile to the brink of war in -

In9 the states submitted the dispute to 'f the Vatican for mediation. Pope John Paul Il'sleaked to the Argentine press early specified thai lhe islands belonged to Ch

Trinidad andintmila. Maritime boundary claims affecting fishing rights and oil and gasare involvedispute between Trinidad and Tobago on one side and Venezuela on the other. ^Representatives of the two countries have beenregularly inas reachedraft treaty]

May ofthis year articles appealed

in the Venezuelan press alleging that Trinidad and Tobago oil and gas exploration has taken place along Venezuela's continental shelf!

Guyana-Suriname. The southern portion of the boundary between Guyana and Suriname is disputed. Although the issue is currently dormant. Suriname haS in the past contended that a) wedge-shaped piece of land in southeastern Guyana belongs to Suriname.

9 the local governors agreed that lhe Cou-raniyne River formed thjjfdividing line between Iheirerritories, botproblems arose from tbe fact that (he Courantyne does not flow the entire length of the border. Guyana, following British precedents, claims the Kutari River Is lhe main headwater of the Courantyne River and Ihe present boundary liSuriname. on the other hand, maintains that the New River, to the west of ihe present boundary, is the principal affluent of Ihe Couranlyne River and should be the boundary. Negotiations on the boundary have stalled because of more pieaiing domestic matters and

r

. MOFORN

, GkxyttM-Venttuela. Guyana and Venezuela have long disputed ownership of that portion of present-day

'Guyana lyingof'the Essequibo River- -some five-eighths of Guyana's total territory. Anjnterna-

:;tiooalhe region to What wartoen caljed British Ouiana, but Venezuela de-

(hat awardnuU and voidfter.

(arguing for the real of the decade,Venezuela

vahd the now-independent Guyanarotocol

f* -s

rfh> dispute had its origin in the conflictingd Dutch ckiioa inh century. Theentury saw recognition of the Dutch claims by the vSpanish although their extent was undear. The* regioneded by the Dutch to Great Britainut. again no Boundary wasanish holdings. Venezuela, deitce fromSpain1 anc ;Co!ombianherited the poorly defined

1 Robertrussian explorer, was commissioned by. the British Government to underioundary suryej1 in Britishncguda_ objected'to ascbomburgk Lint, and responded by claiming all the territory west of the Essequibo River. The United States was drawn info the affair in thend sided with Venezuela against the British, eventhe Monroe Docirine.r-

Arbitration Treaty7 calledanel if Brltiih and two American judgesifth find lumably impartial jurist chosen by the first four, eminent Russian writer on international law wasrbitration Awardlight modification oi*ine, thereby giving Britainhe.disputed region.29 Arbitration Award invalid, claim-lie Russian judge hadeal favoring iburgk Une lo exchange for Brit crjaioRussian demands in

. Accord6 provided theor the Pon-of-Spain Protocolalledyear freeze, duringere toolution-TBBuuew refusedeview (he Protocol,it lapsedhe flexf step, as set out In (he Geneva I ccord, is that if within three months of the explra-I ion of (be Protocol the two governments have not

1 on (be means of settlement,ither to an international organ ^orlhe Ul* Secretary General

iuyana's

position in international forums generally hasonsidered stronger than Venezuela's, and mostincluding the United States, havesupporteacefulment. The dispute, how-.ever, is likelyajor political issue jn theVenezuelan election campaign. It will probablyational rhetoric,tii noteucb the level of armedAt least for the near term, therefore, wc judge thatVenezuela, will proceed with effortatc^chieyea ^'peaceful seltlemenfof the dispute

Original document.

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