Beagle Channel Arbitration - The Reasons of The Court

The Reasons of The Court

The court rejected both the uti possidetis principle and the oceanic principle because:

«...In the particular case of the 1881 Treaty no useful purpose would be served by attempting to resolve doubts or conflicts regarding the Treaty, merely by referring to the very same principle or doctrine, the uncertain effect of which in the territorial relations between the Parties, had itself caused the Treaty to be entered into, as constituting the only (and intendedly final) means of resolving this uncertainty. To proceed in such a manner would merely be to enter a circulus inextricabilis....»

The tribunal considered that the exchange of Patagonia for the Strait of Magellan was the transaction behind the 1881 treaty:

«...This was what Chile conceded by giving up a claim that still had enough vitality and content, at least politically, to make its final abandonment of primary importance to Argentina. It is on this basis, as well as on the actual attribution of Patagonian territory to Argentina effected by Article II of the Treaty, that the Court reaches the conclusion that it was the antithesis Patagonia/Magellan, rather than Magellan/Atlantic, which constituted the fundamental element of the Treaty settlement....»

After careful consideration of all possible word meanings and interpretations of the text, the court refused the Atlantic clause:

«... The Argentine interpretation depends on subjecting the text to a process, not exactly of amendment, but of what is known as emendation, i.e. adjustment to accommodate a different outlook. This is in no way an illegitimate proceeding as such, —but its acceptability in any given case must depend on how compelling are the reasons that operate to support it, and also on the degree of adjustment entailed. The following are the adaptations that would be required:...»