Beagle Conflict - Interests of The Parties

Interests of The Parties

Over the years the growing importance of the Antarctic, the navigation routes between the Pacific Ocean and the Atlantic Ocean, the expectance of oil fields in the zone, fishing rights led both countries to become hardened in their positions and the conflict was extended to other issues regarding the zone.

There was a controversy about the east end of the Straits of Magellan. Both countries agreed about the boundary line, but not about the end of the Straits. The Chilean view was that the Straits ended at the boundary line and eastward continued the Atlantic Ocean and therefore Chile had a "beach" at (and its projection over) the Atlantic Ocean and it enjoyed sole control of the Straits themselves. The Argentine view was that the Straits continued eastward of the border and that the east end of the Straits of Magallan belonged to Argentina. Under this view, it was coproprietor with the right to co-regulate the navigation through the Straits and Chile had no border with the Atlantic Ocean.

The west end of the Straits of Magellan was also a cause of conflict. Argentina considered the channels and bays part of the straits and demanded free navigation through all waters as stipulated in the Boundary Treaty of 1881 for the Straits.

On 14 June 1977, the Chilean Government issued the decree n°416 over the baselines (See Chilean Baselines Map). The decree had two main implications for the controversy. First, it extended the range from which Chile might attempt to project its 12-miles territorial sea and 200-mile Exclusive Economic Zone along a continued line from Picton, Nueva, and Lennox Islands as far south as Cape Horn, thus greatly increasing its potential maritime jurisdiction to the east and southeast. Second, it effectively converted all waters enclosed by the baselines into Chilean internal waters where navigational rights for Argentina would exist only through explicit agreements with Chile. The Argentine port of Ushuaia, located on the north shore of the east Beagle Channel, had no direct free way to the Pacific Ocean through Argentine waters. Argentina has so far considered its unfettered use of the waters surrounding the Fuegian Archipelago to be a matter of critical importance for its commercial and military navigation.

The two countries have always linked their Antarctic claims to their continental possessions because the nearness and the projection of the countries over the Antarctic can substantiate a claim over territories.