ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book describes the historical context out of which the 1982 conflict arose and examining the applicable international law. It discusses the problem of discovery, explaining the various British, Dutch, Portuguese, and Spanish sightings of the Falklands in the 1500s and 1600s. The book explores the question of the efficacy of legal norms and demonstrates how legal principles played a major role in shaping the response of states to the Falklands War. It argues that the Falklands War illustrates a selective application of principles and concludes that if a principle is invoked only occasionally it loses its power to deter and calls into question the legitimacy of fighting to defend an already emasculated norm. The book examines the philosophical and legal dimensions of the use of force. It explores the implications that these problems have for the status of international law.