Year: 2025
Type: article
Abstract: This essay reflects on international law as a tool of foreign policy, drawing from the Argentine experience, with the aim of considering the possibility of constructing an international norm to contribute to the resolution of the sovereignty dispute over the Malvinas Islands. In an essayistic manner, it proposes the construction of a principle called colonialis extintio, or the duty to decolonize. The proposal is framed within Amitav Acharya's concept of “norm subsidiarity” (2011), which acknowledges the capacity of peripheral actors to generate international norms. The paper reviews historical milestones in which Argentina acted as a rule maker, such as the Calvo and Drago Doctrines, its contribution to the Antarctic system, the human rights regime, and the law of the sea. It argues that the colonialis extintio principle can serve as a normative foundation to revitalize Argentina’s sovereignty claim and strengthen international consensus against persistent colonial situations. In a context where contemporary international law allows for greater participation of non-hegemonic states, the initiative represents a legitimate and timely path to address the pending cases of decolonization.
Source: Malvinas en Cuestión
Author: Luis Maximiliano Barreto
Institution: Pontificia Universidad Católica Argentina
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414652116
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