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Disclaimer & comment rulesSharon Korman was wrong, as The Caroline anticipatory self-defense in international relations, which holds that it may be justified only in cases in which the necessity of that self-defense ...
Oct 12th, 2023 - 03:51 pm - Link - Report abuse 0https://en.wikipedia.org/wiki/Caroline_affair#
Whereas, Kelsen clearly states It makes no difference whether the annexation takes place after an occupatio bellica or not.
Assessment of the Totality of Argentina’s Claim to Sovereignty
“Argentina failed to submit the dispute...there is little doubt that GB acquired definitive title to the Islands before 1982.
after reviewing for Argentina’s claim, Argentina never developed title to the Islands.
Applying the rules, extinctive prescription
one could conclude this was a sufficient to extinguish Argentina's claim in spite diplomatic protests. The establishment of the world courts changed the situation so that diplomatic protests were no longer sufficient to keep Argentina's claim to alive.
The League of Nations and, later, the UN were capable of adjudicating the competing claims. ...
To avoid losing her claim her claim to the LON, the PCIJ or the ICJ....For over 50 years prior to the armed conflict of April 2, 1982, Argentina failed to submit the dispute
Applying the rules concerning the mode of extinctive prescription to GB results in a different conclusion. It involves possession,...However, since this was such a period of time, exceeding eighty years, one could conclude that this sufficient to extinguish Argentina's claim
Regardless of the conclusion reached above, however, the establishment of the world courts changed the situation so that diplomatic protests were no longer sufficient to keep Argentina's claim to sovereignty alive.”
The Falklands (Malvinas) Islands: An International Law Analysis of the Dispute Between Argentina and Great Britain Major James Francis Gravelle
MILITARY LAW REVIEW CONTEMPORARY INTERNATIONAL LEGAL ISSUES
Pamphlet NO. 27-100-107 HEADQUARTERS DEPARTMENT OF THE ARMY; Washington, D.C
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