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Is the Archipelago a Political Tool? The Role of the Falkland Islands Sovereignty Dispute in Argentine Policy During the Kirchner Era

100%

Lisińska M.

Ad Americam

2016

issue 17

119-134

The dispute over sovereignty in the Falkland Islands (called Islas Malvinas in the Spanishspeaking world) between Argentina and Great Britain has lasted for nearly two hundred years. The archipelago has been a British territory since 1833, when the crew of HMS ‘Clio’ forcibly took over the islands, which had previously belonged to Argentina. The Argentine people have never accepted this loss and have since been trying to reclaim the territory, with no further effect. The aim of this paper is to analyse the role of the Falkland Islands dispute in Argentine domestic and foreign policy during the presidencies of Néstor Kirchner (2003-2007) and Cristina Fernández de Kirchner (2007-2015). The thesis of this paper is that the Falklands became a crucial factor in shaping Argentine policy during the Kirchner era, not only on the international level, but also within the country.

When ‘the Use of Force’ is Prohibited? – Article 2 (4) and the ‘Threshold’ of the Use of Force

72%

Kleczkowska A.

Adam Mickiewicz University Law Review

2018

vol. 8

This article advances the thesis that there is no threshold of the use of force. i.e. no level of the use of force which decides whether and which forcible actions undertaken by States are prohibited. The examples of actions discussed in the doctrine of law which supposedly would be ‘below’ such a threshold in fact either are regulated by other prin-ciples of international law, are not considered as regulated by ius ad bellum, or States deliberately resign from calling them a use of force for both legal and extra-legal reasons. Thus, the existence of such a threshold is not confirmed by States’ practice. This thesis will be explored using three examples: the cases of the evacuation of nationals, the extra-territorial and the Falklands/Malvinas Islands invasion of 2 April 1982. The article starts with a brief discussion of the opinions expressed in the doctrine of international law on the threshold, as well as the applicable case law.

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Is the Archipelago a Political Tool? The Role of the Falkland Islands Sovereignty Dispute in Argentine Policy During the Kirchner Era

When ‘the Use of Force’ is Prohibited? – Article 2 (4) and the ‘Threshold’ of the Use of Force