• 6 min de lectura
• 6 min de lectura
Following recent tensions between Santiago and Buenos Aires regarding the sovereignty of the Strait of Magellan, Chilean experts have ruled out any potential maritime action by the Atlantic coast country to dispute Chile's jurisdiction over the southern passage, such as potential blockades or the imposition of tolls.
The diplomatic friction originated from statements by Argentine Air Force General Gustavo Valverde, who asserted in a podcast that the aforementioned area is a place where "presence must be maintained because it is a bioceanic key."
The strategic value of the Strait of Magellan has once again gained prominence not only due to the recent crisis between the Andean countries but also due to the transit restrictions in force in the Panama Canal.
It should be remembered that, currently, the Panamanian bioceanic route maintains a series of limitations on vessel transit due to the lack of rainfall resulting from the El Niño phenomenon, positioning the Patagonian crossing as an alternative for ships needing to transit between the Atlantic and Pacific Oceans. According to figures published by the Dirección General del Territorio Marítimo y de Marina Mercante (Directemar), 2,775 vessels transited during the last year, numbers that could show an increase given the contingency of the Central American route.
In this regard, PortalPortuario spoke with different voices who analyzed the current global geopolitical situation and the precedents of blockades to strategic trade routes such as those recently executed in the Straits of Hormuz and Bab al-Mandab, where the payment of a transit fee is intended to be imposed.
Furthermore, the toll charged by Argentina in its section corresponding to the Paraguay-Paraná Waterway (USD 1.30 per net registered ton), a collection intended for dredging and maintenance work on the international fluvial route, should not be overlooked.
Consulted experts agree that neither of the measures described above could be replicated, as the sovereignty of the Strait of Magellan belongs 100% to the Republic of Chile.
Juan Carlos Galdamez Naranjo, lawyer and specialist in law, emphasized Chile's absolute sovereignty over the strait, based on treaties signed by both nations in 1881 and 1984, which do not allow any type of obstruction from the eastern part of the bioceanic crossing.
"Argentina has no right to block its access or charge a toll. It is obliged to guarantee 'at all times and circumstances' expedited and unobstructed navigation to and from the strait," he stressed.
In addition, the expert added that "non-compliance would compromise its international responsibility. Chile and any affected State could demand immediate cessation, guarantees of non-repetition, and full reparation for the damages caused."
On the other hand, regarding the scenario of a potential blockade, Galdámez Naranjo ruled out that possibility, assuring that it responds more to armed conflicts and does not set a precedent for Argentina to make such a determination.
"The blockades observed in other latitudes do not constitute a transferable precedent to the strait. They respond to armed conflicts, Security Council measures, or specific conventional regimes of channels administered by certain States. The mere practice of a power, especially if it is illicit, does not create a legal authorization for third parties," he indicated.
For Pablo Lacoste, international analyst and academic at the Institute of Advanced Studies of the University of Santiago, it is impossible for Argentina to impose any type of impediment to transit in the strait, as established by the aforementioned agreements, emphasizing the "neutrality" of the territory.
"The two countries committed to recognizing the perpetual neutrality of the Strait of Magellan, which is why neither has the right to install cannons, batteries, and fortifications; they cannot close it, that is agreed upon by both parties," he said.
Furthermore, Lacoste advocated for de-escalation of tension, stating that "the Argentine general made inappropriate statements that have nothing to do with Argentina's security policies and President Milei's project, but it hurt Chile's feelings, as it is a tremendously sensitive issue, the reaction is understandable, but this will de-escalate, as the Argentine government dismissed moving forward with this situation."
Decree 457/2021 and "joint control of the Strait of Magellan"
In July 2021, the government of Alberto Fernández signed a decree called " National Defense Policy Directive," which specifically mentions that "one of the shared spaces that is fundamental to continue strengthening is the exploration, study, and joint control over the Strait of Magellan and the Sea of Hoces -Drake Passage-, strategic spaces both for their role as natural navigable routes between the Atlantic Ocean and the Pacific Ocean and for constituting privileged access points to the Antarctic continent."
The document generated annoyance in Chile, and Buenos Aires committed to repealing it, a situation that has not yet materialized.
José Antonio Viera-Gallo, who was Chile's ambassador to Argentina during two periods (2015-2018/2023-2026), assured that after the Foreign Ministry's claims, the decree remains under modification, but with no deadlines for a new publication.
"It has been publicly acknowledged that it is a mistake; the government of Alberto Fernández itself did not include that thesis in Argentina's White Paper on Defense, considering it overcome. When we have asked for its repeal, we have been told that it will happen when the new book is issued, which is under review at the Casa Rosada; we hope it can be promulgated soon," remarked Viera-Gallo.
For his part, Hugo Barra, director of the Liga Marítima de Chile (Ligamar), maintained that both this type of decree and General Valverde's assertions are part of a sustained conduct in Argentina's Foreign Relations.
"The mistaken and unfortunate statements by Argentine general officers regarding Chilean sovereignty in the seas of the South American cone speak of a surprising ignorance of international treaties by high-ranking Argentine military authorities and are not only understood as pressures on their own government to recompose their ailing defense inventory but also as a trend in trans-Andean diplomacy," added the director of Ligamar.
Furthermore, Barra maintained that these attitudes contradict the various strategic projects underway between both countries, which "contrast with the efforts of Argentine federal authorities to materialize the six bioceanic corridors (Capricornio, Atacalar, Latitud 30º, Cristo Redentor, Paso La Leñas, and Bio Bio/Neuquén), essential to allow their production access to Pacific markets through Chilean ports," concluded the representative of the Liga Marítima.
Source: Portal Portuario