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Model United Nations
Falkland Islands / Las Malvinas case
Project 1
Group C5
2
Table of Content:
Group members ...........................................................................................................................2
Introduction ...........................................................................................................................4
Legal issues ...........................................................................................................................5
Legal Matrix ...........................................................................................................................6
Policy Matrix ...........................................................................................................................8
Position Paper ...........................................................................................................................9
Appendix .........................................................................................................................11
Resolutions .............................................................................................................11
Meeting minutes .............................................................................................................19
Group contract .............................................................................................................23
3
Final report
Model United Nations: Falkland Islands conflict
Project 1
Group members:
 Aza Lemmer
 Cécile Fournis
 Clinton Rosina
 Eric AdomaKo
 Filipp Lisovski
 Jean-Marc K. Musoko
 Julia Pomorska
 Kyona Van Deventer
 Stephan J. Brockel
4
Introduction
This final report is conducted for the purpose of a project 1 MUN (Model United Nations) concerning
the Falkland Islands case. This case is a dispute between United Kingdom and Argentina over the title
of territory of the Falkland Islands. As a team, we needed to conduct research on this conflict;
therefore this report is a reflection of our work as representatives of Canada.
The work division was equally divided amongst the participants to the project. The first group product
after the task division was the legal matrix. In order to produce the legal matrix, we subdivided the
group into issue teams so that each issue team conducted a research on different legal issues that dealt
with the dispute.
The second group product was the policy matrix in which the policy of Canada was reflected on the
conflict. We also provide in the policy matrix a list of potential allies concerning the raises issues in
the dispute.
The final product was a position paper reflecting the position of Canada on the topic of the Agenda:
“Are the Falkland Islands/Las Malvinas part of the British or part of the Argentinean territory”?
Provided in the appendix are the minutes of each meeting we held and therein specific data concerning
the dates, times and names of the individuals or groups that carried out the attributed tasks. Below is a
diagram with a rough picture of the organisational structure.
Chairman
Aza Lemmer
Spokesperson
Cécile Fournis
Secretary
Filipp Lisovski
5
Legal issues on the Falkland Islands / Las Malvinas case
1) Issues concerning the Falkland Islands / Las Malvinas
- Can the Islands choose/realize their own sovereignty?
- What are the requirements of self-determination?
2) Issues concerning the United Kingdom
- Can Britain use military force to defend the Falklands Islands?
- Is the claim of the British that they have territorial ownership over the Falklands islands
legally valid? ( Acquisition by prescription)
3) Issues concerning Argentina
- Can Argentina legally pursue a blockade against the Falkland Islands?
- Can Argentina argue that the Falkland Islands are part of their territory because it is
mentioned in their Constitution? (Acquisition by cession)
6
Legal Matrix
Source of International Law under
Article 38 of the Statute of the
International Court of Justice
Source of the rule Content of the rule
International Conventions (Article
38(a) of the Statute of the
International Court of Justice)
Acquisition through cession Transfer of land and sovereignty of a
territory through a Treaty.
International Customary Law (Article
38(b) of the Statute of the
International Court of Justice)
Use of force under U.N. Charter
Article 2(4)
Use of force is forbidden in a conflict.
There are only two exceptions in
international customary law:
1. Self-defense
2. Humanitarian intervention
The argument for self-defense can
also be made if an imminent attack
has not yet been carried out and
therefore in the capacity to prevent
such an attack.
Acquisitive prescription It is a two sided operation at one end
it is a process by which a state receive
a legal recognition of its title to
sovereignty over specific land or sea
territory in situations where it has
actually exercised state authority over
it in a continuous, uninterrupted and
peaceful manner for a sufficient
period of time.
The right of self-determination
(Atlantic Charter 1941)
Nations, based on respect for the
principle of equal rights and equality
of opportunity, have the right to freely
choose their sovereignty and
international political status with no
external compulsion or interference.
Use of non-military force under U.N.
Charter Article 2(4) {Blockade}
An economic blockade has been yet
officially considered illegal.
7
General Principles of International
Law (Article 38(c) of the Statute of
the International Court of Justice)
“Uti Possidetis” affirmed by the
International Court of Justice in the
1986 Burkina-Faso V. Mali case
The principle used to define the post-
colonial boundaries of Latin
American, Asian and African nations,
is a doctrine under which newly
independent states inherit the pre-
independence administrative
boundaries set by the former colonial
power. The doctrine posits that title to
the former colonial territory should be
devolved to the local authorities and
prevails over any competing claim
based on occupation. Thus, uti
possidetis is predicated on a rejection
of self-determination and assumes
that internal administrative
boundaries are functionally equivalent
to international boundaries.
Principle of good faith A State must fulfill its obligations
bona fide. Good faith governs the
exercise of rights. These rights must
therefore not be exercised fictitiously
so as to evade the Rule of Law or
maliciously injure others. A violation
of these requirements on the principle
of good faith amounts to abuse of
rights, prohibited by law.
8
Canada’s Policy Matrix
Use of Force Right to self-determination Potential allies
In accordance with UN charter 1
article 2(4) to which Canada was a
signatory to: Use of force is
prohibited by all United Nations
members. Therefore Canada is against
the use of force by any state.
Source: The Charter of the United
Nations.
Canada supports the right to self-
determination of all the people in the
globe! “The issue of Canada’s policy
does not change, we support the self-
determination of the people of the
Falkland Islands, as we do people
everywhere around the world” Mr.
Baird Minister of Foreign Affairs
Source: The wall street journal
France
The United Kingdom
The United States
Azerbaijan
Germany
Portugal
South Africa
India
Pakistan
Togo
Chile
Saudi Arabia
9
Position paper
Committee: Security Council
Country: Canada
Delegate: Representative of Canada
The Declaration on the Granting of Independence to Colonial Territories: states that ‘all
people have a right to self-determination; by virtue of that right they freely determine their political
status and freely pursue their economic, social and cultural development’. It seems that nowadays this
important declaration is often overlooked, as many peoples are denied their right to decide who they
are for themselves, and those who distinguish themselves as minorities in existing states are frequently
discriminated against.
Canada believes that each and every person in the world has the right to decide their fate and their
national identity. Therefore, it supports people’s right to self-determination and promotes the freedom
of determination of their political status as well as encourages them to work on their economic, social
and cultural development.
Canada has a long history of handling colonization and self-determination issues. It had successfully
declared itself independent from the United Kingdom on July 1st
of 1867, although for many years its
foreign affairs were controlled by the UK. Canada, today still maintains strong bonds with Great
Britain.
As a multicultural country with two official languages – English and French, and therefore two
cultures, Canada understands a nation’s desire to be recognized. In fact, two Canadian culture groups –
Quebecois and First Nations are very open and straight-forward about their strive for being recognized
as Quebecois, Inuit or Indians. While the probability of either the First Nations or Quebecois forming
an independent state and separating from Canada is extremely low, we are happy to have many self-
determined culture groups as a part of the Canadian community. In Canada, Aboriginal communities
do not seek total independence, and so they were allowed to form a government on the Nunavut
territory, which we see as a really good solution to the discord that benefits both parties.
Canada is confident that this dispute between United Kingdom and Argentina over the Falkland
Islands can be resolved peacefully and that the right to self-determination will be respected. At the
same time, we strongly oppose any attempts of use of force on the Falkland Islands by either side of
the conflict.
10
We believe the referendum held by the 3000-plus inhabitants of the Islands is an affirmation of their
self-determination and should be respected by all states.
Canada urges all the states present, that today; this conflict should be resolved so that the purpose of
this Council, maintaining peace and security in the world is achieved.
11
Resolutions
Rutz-group
RESOLUTION UNDER CHAPTER 7 OF THE UN CHARTER
FORUM: United Nations Security Council
QUESTION OF: Sovereignty title and Right to Self-Determination of the
Falkland Islands/ Las Malvinas
SUBMITTED BY: United Nations Security Council
Alarmed by the consequences that the dispute between Argentina and the UK can have, if they do not
come to a peaceful resolution.
Deeply concerned by the presence of British navy armed forces on Falkland Islands/Las Malvinas
territory. Also concerned about the sanctions and trade embargos by Argentina and supporting
countries on the Falkland Islands.
Emphasizing that these concerns could affect international peace and security.
Realizing that the only rapid international action resolving this conflict would be;
1. Urges the removal;
a) of United Kingdom navy armed forces from the Falkland Islands/Las Malvinas territory
b) of sanctions and trade embargo on the Falkland Islands/Las Malvinas by Argentina and supporting
countries
2. Encourages all states to refrain from any action against any of the states involved in the conflict
3. Authorizes the matter to;
a) be submitted to the jurisdiction of the International Court of Justice (ICJ), as it concerns a legal
matter
b) the Security Council cannot decide on the legal matter of sovereignty and self-determination of the
Falkland Islands/Islas Malvinas, thus giving jurisdiction to the ICJ on this conflict.
4. Demands that;
a) the United Kingdom, Argentina and the Falkland Islands/Las Malvinas submit their dispute to the
International Court of Justice
b) all countries involved or possibly affected by the conflict should also submit to the jurisdiction of
the ICJ
12
c) all states will comply with the decision of the ICJ according to Chapter III of the Statute of the
International Court of Justice
5. Seeks a peaceful resolution of the dispute between all countries involved and reminds that this
resolution is a binding Chapter VII resolution.
Bots-group
United Nations Security Council resolution adopted on the 8th
of November 2012,
Concerning the Las Malvinas/Falkland Islands dispute
The United Nations Security council,
Reaffirming its obligation to seek for a peaceful solution in accordance with article 2 paragraph 4 of
the United Nations charter which holds:
“All Members shall refrain in their international relations from the threat or use of force against
the territorial integrity or political independence of any state, or in any other manner inconsistent
with the Purposes of the United Nations,”
Reaffirming that all treaty obligations or obligations arising from United Nations Security Council
resolution shall be carried out in good faith and in accordance with the object and purpose of that
treaty or resolution. Reaffirmed in article 2 paragraph 2 which holds:
“All Members, in order to ensure to all of them the rights and benefits resulting from membership,
shall fulfill in good faith the obligations assumed by them in accordance with the present Charter,“
Decides that by virtue of article 1 paragraph 1, that if any of the parties involved in this dispute are to
engage in an armed conflict or do not retract their troops immediately, the United Nations will sent
peace keeping troops, and implement a no-flying zone above the Falkland Islands/ Las Malvinas in
order to prevent an armed conflict from happening, if the preventive measures do not provide a
peaceful outcome economic sanctions will follow which include inter alia trading embargo's and
embargo's on exporting arms to country/countries that do not respect the United Nations Security
council resolution;
Decides that within a month after the the resolution has been passed, negotiations will start, the
negotiations will include :
a representative that represents the United Kingdom
a representative that represents Argentina
a representative for the inhabitants of the Falkland Islands/ Las Malvinas
a mediator appointed by the security council;
the negotiations will take place at the United Nations headquarters mediated by a delegate of Togo,
the negotiations have to be finished within a deadline of two years;
Recommends the following topics to be discussed during the negotiations
13
Ownership concerning the islands and or natural resources
A referendum by the inhabitants of the islands
The islands joining the commonwealth country in order for it to build up its own economy.
Vagias-group
France, India, Pakistan, Portugal, UK, Saudi Arabia, South Africa, Guatemala, the Republic of
Azerbaijan, Chile and Canada.
The Security Council,
Having considered the question of the Falkland Islands/Las Malvinas,
Having heard the statement of the administering power,
Having also heard the Statement of the representative of the Republic of Argentina,
Taking note of the UN Charter article 1(2)1
regarding the right of self-determination of peoples.
Mindful of the responsibility of the United Nation to render all help to the people of the Falkland
Islands/Las Malvinas in their efforts to freely decide their own future.
The Security Council:
1. Reaffirms the inalienable right to self-determination of the peoples of the Falkland Islands in
accordance with the UN Charter article 1(2).
2. Emphasizes the right to internal self-determination.
3. Takes note with interest to the statements made by of the Republic of France and that of the
Islamic Republic of Pakistan seeing these as a fundamental human right.
4. Approves the status quo on the relations between the United Kingdom and The Falkland
Islands/Las Malvinas until the referendum deciding on the future of the Falkland Islands takes
place.
5. Takes into account that the outcome of the referendum will be accepted by all the signatory
States to the resolution.
1
This rule applies to the Falkland Island case because the people that live on the island should be the ones
deciding to which country they want to belong to.
14
Garcia-group
Forum: UN Security Council
Question: The growing tensions caused by the Falkland Islands territorial dispute
Submitter: the Portuguese Republic
Co-submitters: Kingdom of Saudi Arabia, Republic of South Africa, Republic of Germany, Republic of
India, Republic of Guatemala, Canada, Republic of Chile, Portuguese Republic, Republic of Togo,
Republic of Pakistan, the United States of America
Alarmed by the Falkland Islands territorial dispute between the United Kingdom and Republic of
Argentina,
Aware of the interest of the international community in the peaceful and definite settlement of the
dispute between the Governments of Argentina and the United Kingdom in accordance with the UN
Charter,
Bearing in mind President Kirchner’s demand of sovereignty over the Falkland Islands (Las Malvinas),
as addressed the UN Decolonization Committee,
Fully alarmed by President Kirchner’s threats to place more economic sanctions on the Falkland
Islands /Las Malvinas,
Deeply concerned by the long standing dispute existing between The United Kingdom and Argentina
concerning the sovereignty over the Falkland Islands / Las Malvinas,
Acknowledging that this legal issue with a long history was raised again in 1982 after Argentina’s
invasion on the islands,
Emphasizing that after thirty years, the question whether the Falkland Islands / Las Malvinas are
part of the United Kingdom or part of the Argentinean Territory still forms a controversy,
1. Urges to:
A) Cease hostilities between the UK and Argentina / Prohibition on the use of force,
B) Hold peaceful negotiations between the parties,
C) Execute the right to self-determination of the people of the Falkland Islands (Las
Malvinas),
D) Decide the title by either peaceful negotiations or an ICJ process;
2. Recommends that:
A) The UK stops refraining from talking with Argentina on the subject:
Signatories: Kingdom of Saudi Arabia, Republic of South Africa, Republic of Germany, Republic of
India, Republic of Guatemala, Canada, Republic of Chile, Portuguese Republic, Republic of Togo,
Republic of Pakistan, the United States
15
Willems-group
Resolution
Committee: United Nations Security Council
Topic: The Falkland Islands
Signatories: The Republic of South-Africa,
Sponsors: The Republic of South-Africa, the Federal Republic of Germany, The Republic of France, The Kingdom of Saudi-Arabia, The United States of America, The United Kingdom of
Great-Britain and Northern Ireland, The Kingdom of Morocco, The Islamic Republic of Pakistan, The Republic of Colombia, The Republic of Canada, The Republic of India, The Republic
of Azerbaijan, The Republic of Togo, The Republic of Guatemala & The Republic of Portugal.
The United Nations Security Council,
Recognizes that this is a special situation, and that rulings made by it on this case are limited
to this dispute alone
Affirms the basic principles of international Human Rights, the Universal declaration of
Human Rights and the rule of law as is embedded in the Charter of the United Nations.
Recognizes the current situation of the Falkland Islands in which the Islands are internally
self-governing with the UK being responsible for defense and foreign affairs matters.
Takes into account the history of the Falkland Islands/Las Malvinas and the self-determination
of the inhabitants of the Falkland Islands under Article 1(2) and Article 55 of the United
Nations Charter and which is also stipulated in the constitution of the Falkland Islands.
Notes with deep concern the determination of Argentina to claim the Falkland Islands without
taking the choice of the citizens of the Falkland Islands into account.
Emphasizes that the UK supports the self-determination of the inhabitants of the Falkland
Islands.
Takes note that the Falkland Islands have been under British rule since 1882 (for 179 year)
with a gap of 74 days in which Argentina took over the Falkland Islands. Meaning that they
have prescriptive jurisdiction, according to customary law
Regrets the way the Argentine Republic continually thwarts the UK, considering the recently
adopted law which prohibits the UK to moor, load or carry out logistical operations in Buenos
Aires. Also the way Argentina tries to enforce their claims on the Falkland Islands be
disapproved, for example the handing out of the claims on the Falkland Island by president
Kirchner to Prime Minister Cameron during the G20 Summit.
Emphasizes that a referendum is needed to determine the wish of the people of the Falkland
Islands to be independent, remain under British or to be under Argentina.
The UN Security Council, acting under Chapter ?, decides:
16
1). Encourages the Falkland Islanders to voice their opinion in the matter concerning
sovereignty.
2). That the UK and Argentina shall respect the self-determination of the Falkland Islands
and shall abide to them.
3.) Invites the UK and Argentina to resume negotiating and behave properly towards each
other and to settle any remaining diplomatic tension.
4.) Trusts the Republic of Argentine and the United Kingdom of Great-Britain and
Northern Ireland to settle with the outcome.
5.) Seeking an agreement of the United Nations to find an alternative timeframe for the
holding of the Referendum in the Falkland Islands / Las Malvinas. Currently it is due
to take place in 2013. This Referendum should be canceled and postponed, no longer
than 2 years.
6.) Taking note: of the right to self-determination to the people of the Falkland Islands /
Las Malvinas. Fully believing: that consensus must be reached on the content of the
referendum. All parties must come to an agreement on the question/s of the
Referendum: the UK, Argentina, the Falkland Islands and the International
Community.
7.) Reminds that we as a body shall support the Falkland Island in whatever decision they
may
make, whether they choose to remain self-governing under the United Kingdom of
Great-
Britain and Northern Ireland or whether they choose to become independent and shall
assist
the Falkland Island in any way possible.
8.)Authorizes the Falkland Island to have the final vote in this matter since it is concerning
them.
9.) Calls upon both the UK and Argentina to refrain from any use of force concerning the
Falkland Islands after the referendum.
The UN Security Council decides to remain seized of the matter
17
Group-Yosifova
Resolution
Main point is the Referendum of the Falkland Islands. In which people will choose to which country
they want to belong, U.K or Argentina, they will also have the option of choosing independence. Both
countries will present their offer to the Islands which they have discussed in the negotiations. There
should be a reasonable amount of time for people to make up their minds about what they want before
the referendum and after the negotiations.
According to the GA resolution 1514; 1. The subjection of peoples to alien subjugation, domination
and exploitation constitutes a denial of fundamental human rights, is contrary to the charter of the
united nations and is an impediment to the promotion of world peace and co-operation. 2. All peoples
have the right to self-determination; by virtue of that right they freely determine their political status
and freely pursue their economic, social and cultural development. 3. Inadequacy of political,
economic, social or educational preparedness should never serve as a pretext for delaying
independence.
If the inhabitants of the Falkland Islands choose the U.K. once again in the referendum there will not
be a change in government on the Falkland Islands. The U.K. will only keep supporting them with
defense.
The negotiations shall only be in the best interest of the people of the Falkland Islands. In other words
the inhabitans of the Falkland Islands are the main point of the negotiations.
If the Falkland Islands choose for independence they will be an Exclusive Economic Zone.
If there are threats of war after the referendum has been held and the people of the Falkland Islands
have chosen, the country who threatens shall endure economical or political consequences.
In the negotiations Argentina and the U.K. can present what they want for the Falkland Islands and
they can present a proposal for the inhabitants of the Falkland Islands, so they have a fair chance to
persuade the people.
We represent the following countries; Canada, Republic of Togo, United Kingdom, Kingdom of Saudi
Arabia.
Falkland Islands were colonized by almost all colonize empires as Spain, France and British Empire,
but only United Kingdom has for the longest time been in charge of this Islands. They were
responsible for it for almost two centuries (since 1833). Falkland Islands were discovered by Spain,
but United Kingdom colonize by bringing there British citizens. United Kingdom helped (and is still)
helping Falkland Islands. First financially and now they are helping them with e.g. defense. In 1975
Falkland Islands had an economic crisis (mentioned above) and United Kingdom came with solution
(Shackleton Report in 1976).
The Islands were discovered in 1520 by Magellan's expedition who was navigating under the control
of King of Spain. Argentina, which was colony of Spain, claims that British Empire illegally settled on
the Falkland Islands in 1833, because they have not discovered the Islands.
18
In April 1982 Argentina invaded Falkland Islands and was claiming that Islands belongs to them now.
United Kingdom sent their troops to solve the problem of invading Falklands. By invading the
Falkland Islands Argentina broke the International Law (you are not allowed to attack another state
and use aggression, but you can defend yourself with using force). Argentina did not declare war to
United Kingdom. It resulted that United Kingdom heard about the invading the Falkland Islands from
media. British government sent their troops as a response. In June 1982 the war has been finished and
United Kingdom has won.
Argentina has never stopped claiming its rights for islands. In 1994 the government of Argentina
changed their constitution and they have put the clause in the Constitution of Argentina that they will
continue claiming Falkland Islands, South Georgia and South Sandwich Islands.
In 2009 president of Argentina - Cristina Fernández - talked about sovereignty for Falkland Islands in
Argentinean embassy in London during G20. Argentinean government does not accept the self-
determination of Falkland Islands and wants make it one of the province of Argentina. On that case,
the inhabitants of the Falklands does not approve this option. Argentina is supported by the countries
as: Brazil, Paraguay, Uruguay, Bolivia, Chile, Colombia, Ecuador, Venezuela, Peru (members of
MERCOSUR), China, Syria, Tunisia, Congo and Russia.
In 2012 Cristina Fernández claimed again Falkland Islands and is ready to send troops and invade the
Falklands again. United Kingdom declared their readiness for war.
19
Meeting minutes
Date and time: 21.09.2012 14:00
Place: The Hague University
Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile
Absent: Kyona, Stefan
Agenda:
1) Distributing the roles and setting priorities (Electing officers)
2) Discuss the background of the conflict and potential legal issues presented in the case
Discussions/ Assignments
1) Aza Lemmer – Chairman
Cecile Fournis – Spokes person
Filipp Lisovski – Secretary
2) Sub-group issue teams were created for each issue.
Argentina - Cecile , Clinton
UK – Aza
Falklands - Eric, Jean-Mark, Stefan
Meeting adjourned: 16:00 (120 min)
Next meeting on 24.09.2012
Minutes taken by Filipp
Date and time: 24.09.2012 16:20
Place: The Hague University
Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan
Absent: Kyona
Agenda:
1) Group Attitudes
2) Issue Team assignment
Discussions/ Assignments
1. Discussion on the layout of the legal matrix, on excel
2. Group legal issues on the Falkland Islands Eric, Jean-Mark, Stefan:
Can the Falkland Island realize or choose own sovereignty?
-Customs - Montevideo Convention: requirements of State hood
 Do the Falkland Islands fulfill the requirements according to the UN charter for self-
determination?
Article 2 if the UN charter
 What is the link between the UK and the Falkland Islands Constitution?
Same answer.
20
3. Group legal issues on Argentina, Cecile and Clinton
 The Argentinian constitutional argument valid for sovereignty?
Custom law: utis possidetis, history
 Is the blockade legal?
-Declaration of Paris, use of force
Meeting adjourned : 17:05 (45 min)
Next meeting on 03.10.2012
Minutes taken by Filipp
Date and time: 04.10.2012 11:00
Place: The Hague University
Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan, Kyona, Julia
Absent:
Agenda:
1) Legal Matrix
2) Canada’s opinion on Falklands; research
3) Understanding the “policy matrix”
4) Locate ally States to Canada
Discussions/ Assignments
1) Legal Matrix was done
2) Canada doesn’t have a strong opinion, mostly for self-determination
3) Policy matrix was done
4) Canada has 12 out of 20 allies
Meeting adjourned: 12:00 (1 hour)
Next meeting on 24.10.2012
Minutes taken by Filipp
Date and time: 24.10.2012 16:00
Place: The Hague University
Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan, Kyona, Julia
Absent:
Agenda:
1) Writing a Position Paper reflecting the postion of Canada towards Flakland Islands / Las
Malvinas
2) Discuss any possible difficulties that might arise during the debates
21
Discussions/ Assignments
1) Position paper was written
2) We had debates of possible difficulties and we think we don’t have any more “weak spots”
concerning our position.
Meeting adjourned: 18:00 (120 minutes)
Next meeting on 08.11.2012
Minutes taken by Filipp
Date and time: 08.11.2012 14:00
Place: @ Cecile’s apartment
Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan
Absent: none
Agenda:
1) Preparation of arguments to support our views in the debates and to undermine the arguments
proposed by Argentina.
Discussions/ Assignments
We prepared some arguments to support our views in the debates and to undermine the arguments
proposed by Argentina and the legal sources of our arguments.
Meeting adjourned : 16:00 (120 min)
Next meeting on 14.10.2012
Minutes taken by Filipp
Date and time: 14.11.2012 13:00
Place: @ Cecile’s apartament
Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan, Kyona, Julia
Absent:
Agenda:
1) Discuss what is still to be done
2) Correct some things before handing in the portfolio
3) Briefly correct legal and policy matrix
Discussions/ Assignments
3) We discussed what we had already done and what we still need to brush up on before handing
in the portfolio
4) Slightly corrected the legal and policy matrices.
22
Meeting adjourned: 14:30 (90 minutes)
Next meeting on 19.11.2012
Minutes taken by Filipp
23
Cooperation contract for group B.4
Rules of presentence and absence
 Presentence on the agreed upon contact hours( Contact hours will be communicated by e-mail
or Facebook)
 Everyone is expected to be present during the weekly team meetings (unless otherwise stated)
 In case of absence timely notification is required prior one hour before the group meeting or
class lecture.
 Absence shall be notify to the Chairman or secretary by e-mail or phone
 Absence more than three times will automatically remove and end your participation with the
Project(The veto right of the tutor overrules this agreement by which you agreed upon)
Repeated absence and not doing enough leads to the following procedure
 After repeatedly absent you will be informed by the group and chairman and it will be
reported by the secretary
 If there is no improvement, you will get one to two warnings from the group
 Shall there be no improvement the tutor will be informed of your absent and your work
attitude.
 Shall there be no improvement on your absence and work attitude after the informant by the
tutor you will be removed from the project and everything associated with it
 Warning is done by means of an official e-mail by the chairman
Rules of participation
 Per week it may be that your assignments are distributed to make at home. This should all
carry. After repeated failure of three times, You will be removed from the project and
everything associated with it. Therefore your part with this project will be ended
 Everyone is expected to be involved in the group and to make efforts to achieve the best
possible result.
Rules project assignment
 Everyone is expected to achieve the agreed upon individual assignments delivery to be by
Sunday delivered by e-mail or Dropbox no later than twelve o’clock midnight time (24:00)
 Assignments are distributed to the team on a giving date which is communicated by the
chairman by e-mail and should be completed in the same calendar week unless otherwise
stated
Veto right
 Each member of the project group has her or his veto right concerning decisions made within
the group(However if you performed a breach of contract your veto right will be invalid)
 The veto right of the tutor overrules any veto decision made by the project group
24
Way of communication between group members
 By phone
 By e-mail
 By Facebook
 Personally( face to face)
Agreed and in duplicate formatted page initialed and signed at Den Hague on
Chairman Group member
Name : Name:
signature signature

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Final report Model United Nation Falkland Islands- Las Malvinas case

  • 1. Model United Nations Falkland Islands / Las Malvinas case Project 1 Group C5
  • 2. 2 Table of Content: Group members ...........................................................................................................................2 Introduction ...........................................................................................................................4 Legal issues ...........................................................................................................................5 Legal Matrix ...........................................................................................................................6 Policy Matrix ...........................................................................................................................8 Position Paper ...........................................................................................................................9 Appendix .........................................................................................................................11 Resolutions .............................................................................................................11 Meeting minutes .............................................................................................................19 Group contract .............................................................................................................23
  • 3. 3 Final report Model United Nations: Falkland Islands conflict Project 1 Group members:  Aza Lemmer  Cécile Fournis  Clinton Rosina  Eric AdomaKo  Filipp Lisovski  Jean-Marc K. Musoko  Julia Pomorska  Kyona Van Deventer  Stephan J. Brockel
  • 4. 4 Introduction This final report is conducted for the purpose of a project 1 MUN (Model United Nations) concerning the Falkland Islands case. This case is a dispute between United Kingdom and Argentina over the title of territory of the Falkland Islands. As a team, we needed to conduct research on this conflict; therefore this report is a reflection of our work as representatives of Canada. The work division was equally divided amongst the participants to the project. The first group product after the task division was the legal matrix. In order to produce the legal matrix, we subdivided the group into issue teams so that each issue team conducted a research on different legal issues that dealt with the dispute. The second group product was the policy matrix in which the policy of Canada was reflected on the conflict. We also provide in the policy matrix a list of potential allies concerning the raises issues in the dispute. The final product was a position paper reflecting the position of Canada on the topic of the Agenda: “Are the Falkland Islands/Las Malvinas part of the British or part of the Argentinean territory”? Provided in the appendix are the minutes of each meeting we held and therein specific data concerning the dates, times and names of the individuals or groups that carried out the attributed tasks. Below is a diagram with a rough picture of the organisational structure. Chairman Aza Lemmer Spokesperson Cécile Fournis Secretary Filipp Lisovski
  • 5. 5 Legal issues on the Falkland Islands / Las Malvinas case 1) Issues concerning the Falkland Islands / Las Malvinas - Can the Islands choose/realize their own sovereignty? - What are the requirements of self-determination? 2) Issues concerning the United Kingdom - Can Britain use military force to defend the Falklands Islands? - Is the claim of the British that they have territorial ownership over the Falklands islands legally valid? ( Acquisition by prescription) 3) Issues concerning Argentina - Can Argentina legally pursue a blockade against the Falkland Islands? - Can Argentina argue that the Falkland Islands are part of their territory because it is mentioned in their Constitution? (Acquisition by cession)
  • 6. 6 Legal Matrix Source of International Law under Article 38 of the Statute of the International Court of Justice Source of the rule Content of the rule International Conventions (Article 38(a) of the Statute of the International Court of Justice) Acquisition through cession Transfer of land and sovereignty of a territory through a Treaty. International Customary Law (Article 38(b) of the Statute of the International Court of Justice) Use of force under U.N. Charter Article 2(4) Use of force is forbidden in a conflict. There are only two exceptions in international customary law: 1. Self-defense 2. Humanitarian intervention The argument for self-defense can also be made if an imminent attack has not yet been carried out and therefore in the capacity to prevent such an attack. Acquisitive prescription It is a two sided operation at one end it is a process by which a state receive a legal recognition of its title to sovereignty over specific land or sea territory in situations where it has actually exercised state authority over it in a continuous, uninterrupted and peaceful manner for a sufficient period of time. The right of self-determination (Atlantic Charter 1941) Nations, based on respect for the principle of equal rights and equality of opportunity, have the right to freely choose their sovereignty and international political status with no external compulsion or interference. Use of non-military force under U.N. Charter Article 2(4) {Blockade} An economic blockade has been yet officially considered illegal.
  • 7. 7 General Principles of International Law (Article 38(c) of the Statute of the International Court of Justice) “Uti Possidetis” affirmed by the International Court of Justice in the 1986 Burkina-Faso V. Mali case The principle used to define the post- colonial boundaries of Latin American, Asian and African nations, is a doctrine under which newly independent states inherit the pre- independence administrative boundaries set by the former colonial power. The doctrine posits that title to the former colonial territory should be devolved to the local authorities and prevails over any competing claim based on occupation. Thus, uti possidetis is predicated on a rejection of self-determination and assumes that internal administrative boundaries are functionally equivalent to international boundaries. Principle of good faith A State must fulfill its obligations bona fide. Good faith governs the exercise of rights. These rights must therefore not be exercised fictitiously so as to evade the Rule of Law or maliciously injure others. A violation of these requirements on the principle of good faith amounts to abuse of rights, prohibited by law.
  • 8. 8 Canada’s Policy Matrix Use of Force Right to self-determination Potential allies In accordance with UN charter 1 article 2(4) to which Canada was a signatory to: Use of force is prohibited by all United Nations members. Therefore Canada is against the use of force by any state. Source: The Charter of the United Nations. Canada supports the right to self- determination of all the people in the globe! “The issue of Canada’s policy does not change, we support the self- determination of the people of the Falkland Islands, as we do people everywhere around the world” Mr. Baird Minister of Foreign Affairs Source: The wall street journal France The United Kingdom The United States Azerbaijan Germany Portugal South Africa India Pakistan Togo Chile Saudi Arabia
  • 9. 9 Position paper Committee: Security Council Country: Canada Delegate: Representative of Canada The Declaration on the Granting of Independence to Colonial Territories: states that ‘all people have a right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development’. It seems that nowadays this important declaration is often overlooked, as many peoples are denied their right to decide who they are for themselves, and those who distinguish themselves as minorities in existing states are frequently discriminated against. Canada believes that each and every person in the world has the right to decide their fate and their national identity. Therefore, it supports people’s right to self-determination and promotes the freedom of determination of their political status as well as encourages them to work on their economic, social and cultural development. Canada has a long history of handling colonization and self-determination issues. It had successfully declared itself independent from the United Kingdom on July 1st of 1867, although for many years its foreign affairs were controlled by the UK. Canada, today still maintains strong bonds with Great Britain. As a multicultural country with two official languages – English and French, and therefore two cultures, Canada understands a nation’s desire to be recognized. In fact, two Canadian culture groups – Quebecois and First Nations are very open and straight-forward about their strive for being recognized as Quebecois, Inuit or Indians. While the probability of either the First Nations or Quebecois forming an independent state and separating from Canada is extremely low, we are happy to have many self- determined culture groups as a part of the Canadian community. In Canada, Aboriginal communities do not seek total independence, and so they were allowed to form a government on the Nunavut territory, which we see as a really good solution to the discord that benefits both parties. Canada is confident that this dispute between United Kingdom and Argentina over the Falkland Islands can be resolved peacefully and that the right to self-determination will be respected. At the same time, we strongly oppose any attempts of use of force on the Falkland Islands by either side of the conflict.
  • 10. 10 We believe the referendum held by the 3000-plus inhabitants of the Islands is an affirmation of their self-determination and should be respected by all states. Canada urges all the states present, that today; this conflict should be resolved so that the purpose of this Council, maintaining peace and security in the world is achieved.
  • 11. 11 Resolutions Rutz-group RESOLUTION UNDER CHAPTER 7 OF THE UN CHARTER FORUM: United Nations Security Council QUESTION OF: Sovereignty title and Right to Self-Determination of the Falkland Islands/ Las Malvinas SUBMITTED BY: United Nations Security Council Alarmed by the consequences that the dispute between Argentina and the UK can have, if they do not come to a peaceful resolution. Deeply concerned by the presence of British navy armed forces on Falkland Islands/Las Malvinas territory. Also concerned about the sanctions and trade embargos by Argentina and supporting countries on the Falkland Islands. Emphasizing that these concerns could affect international peace and security. Realizing that the only rapid international action resolving this conflict would be; 1. Urges the removal; a) of United Kingdom navy armed forces from the Falkland Islands/Las Malvinas territory b) of sanctions and trade embargo on the Falkland Islands/Las Malvinas by Argentina and supporting countries 2. Encourages all states to refrain from any action against any of the states involved in the conflict 3. Authorizes the matter to; a) be submitted to the jurisdiction of the International Court of Justice (ICJ), as it concerns a legal matter b) the Security Council cannot decide on the legal matter of sovereignty and self-determination of the Falkland Islands/Islas Malvinas, thus giving jurisdiction to the ICJ on this conflict. 4. Demands that; a) the United Kingdom, Argentina and the Falkland Islands/Las Malvinas submit their dispute to the International Court of Justice b) all countries involved or possibly affected by the conflict should also submit to the jurisdiction of the ICJ
  • 12. 12 c) all states will comply with the decision of the ICJ according to Chapter III of the Statute of the International Court of Justice 5. Seeks a peaceful resolution of the dispute between all countries involved and reminds that this resolution is a binding Chapter VII resolution. Bots-group United Nations Security Council resolution adopted on the 8th of November 2012, Concerning the Las Malvinas/Falkland Islands dispute The United Nations Security council, Reaffirming its obligation to seek for a peaceful solution in accordance with article 2 paragraph 4 of the United Nations charter which holds: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations,” Reaffirming that all treaty obligations or obligations arising from United Nations Security Council resolution shall be carried out in good faith and in accordance with the object and purpose of that treaty or resolution. Reaffirmed in article 2 paragraph 2 which holds: “All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter,“ Decides that by virtue of article 1 paragraph 1, that if any of the parties involved in this dispute are to engage in an armed conflict or do not retract their troops immediately, the United Nations will sent peace keeping troops, and implement a no-flying zone above the Falkland Islands/ Las Malvinas in order to prevent an armed conflict from happening, if the preventive measures do not provide a peaceful outcome economic sanctions will follow which include inter alia trading embargo's and embargo's on exporting arms to country/countries that do not respect the United Nations Security council resolution; Decides that within a month after the the resolution has been passed, negotiations will start, the negotiations will include : a representative that represents the United Kingdom a representative that represents Argentina a representative for the inhabitants of the Falkland Islands/ Las Malvinas a mediator appointed by the security council; the negotiations will take place at the United Nations headquarters mediated by a delegate of Togo, the negotiations have to be finished within a deadline of two years; Recommends the following topics to be discussed during the negotiations
  • 13. 13 Ownership concerning the islands and or natural resources A referendum by the inhabitants of the islands The islands joining the commonwealth country in order for it to build up its own economy. Vagias-group France, India, Pakistan, Portugal, UK, Saudi Arabia, South Africa, Guatemala, the Republic of Azerbaijan, Chile and Canada. The Security Council, Having considered the question of the Falkland Islands/Las Malvinas, Having heard the statement of the administering power, Having also heard the Statement of the representative of the Republic of Argentina, Taking note of the UN Charter article 1(2)1 regarding the right of self-determination of peoples. Mindful of the responsibility of the United Nation to render all help to the people of the Falkland Islands/Las Malvinas in their efforts to freely decide their own future. The Security Council: 1. Reaffirms the inalienable right to self-determination of the peoples of the Falkland Islands in accordance with the UN Charter article 1(2). 2. Emphasizes the right to internal self-determination. 3. Takes note with interest to the statements made by of the Republic of France and that of the Islamic Republic of Pakistan seeing these as a fundamental human right. 4. Approves the status quo on the relations between the United Kingdom and The Falkland Islands/Las Malvinas until the referendum deciding on the future of the Falkland Islands takes place. 5. Takes into account that the outcome of the referendum will be accepted by all the signatory States to the resolution. 1 This rule applies to the Falkland Island case because the people that live on the island should be the ones deciding to which country they want to belong to.
  • 14. 14 Garcia-group Forum: UN Security Council Question: The growing tensions caused by the Falkland Islands territorial dispute Submitter: the Portuguese Republic Co-submitters: Kingdom of Saudi Arabia, Republic of South Africa, Republic of Germany, Republic of India, Republic of Guatemala, Canada, Republic of Chile, Portuguese Republic, Republic of Togo, Republic of Pakistan, the United States of America Alarmed by the Falkland Islands territorial dispute between the United Kingdom and Republic of Argentina, Aware of the interest of the international community in the peaceful and definite settlement of the dispute between the Governments of Argentina and the United Kingdom in accordance with the UN Charter, Bearing in mind President Kirchner’s demand of sovereignty over the Falkland Islands (Las Malvinas), as addressed the UN Decolonization Committee, Fully alarmed by President Kirchner’s threats to place more economic sanctions on the Falkland Islands /Las Malvinas, Deeply concerned by the long standing dispute existing between The United Kingdom and Argentina concerning the sovereignty over the Falkland Islands / Las Malvinas, Acknowledging that this legal issue with a long history was raised again in 1982 after Argentina’s invasion on the islands, Emphasizing that after thirty years, the question whether the Falkland Islands / Las Malvinas are part of the United Kingdom or part of the Argentinean Territory still forms a controversy, 1. Urges to: A) Cease hostilities between the UK and Argentina / Prohibition on the use of force, B) Hold peaceful negotiations between the parties, C) Execute the right to self-determination of the people of the Falkland Islands (Las Malvinas), D) Decide the title by either peaceful negotiations or an ICJ process; 2. Recommends that: A) The UK stops refraining from talking with Argentina on the subject: Signatories: Kingdom of Saudi Arabia, Republic of South Africa, Republic of Germany, Republic of India, Republic of Guatemala, Canada, Republic of Chile, Portuguese Republic, Republic of Togo, Republic of Pakistan, the United States
  • 15. 15 Willems-group Resolution Committee: United Nations Security Council Topic: The Falkland Islands Signatories: The Republic of South-Africa, Sponsors: The Republic of South-Africa, the Federal Republic of Germany, The Republic of France, The Kingdom of Saudi-Arabia, The United States of America, The United Kingdom of Great-Britain and Northern Ireland, The Kingdom of Morocco, The Islamic Republic of Pakistan, The Republic of Colombia, The Republic of Canada, The Republic of India, The Republic of Azerbaijan, The Republic of Togo, The Republic of Guatemala & The Republic of Portugal. The United Nations Security Council, Recognizes that this is a special situation, and that rulings made by it on this case are limited to this dispute alone Affirms the basic principles of international Human Rights, the Universal declaration of Human Rights and the rule of law as is embedded in the Charter of the United Nations. Recognizes the current situation of the Falkland Islands in which the Islands are internally self-governing with the UK being responsible for defense and foreign affairs matters. Takes into account the history of the Falkland Islands/Las Malvinas and the self-determination of the inhabitants of the Falkland Islands under Article 1(2) and Article 55 of the United Nations Charter and which is also stipulated in the constitution of the Falkland Islands. Notes with deep concern the determination of Argentina to claim the Falkland Islands without taking the choice of the citizens of the Falkland Islands into account. Emphasizes that the UK supports the self-determination of the inhabitants of the Falkland Islands. Takes note that the Falkland Islands have been under British rule since 1882 (for 179 year) with a gap of 74 days in which Argentina took over the Falkland Islands. Meaning that they have prescriptive jurisdiction, according to customary law Regrets the way the Argentine Republic continually thwarts the UK, considering the recently adopted law which prohibits the UK to moor, load or carry out logistical operations in Buenos Aires. Also the way Argentina tries to enforce their claims on the Falkland Islands be disapproved, for example the handing out of the claims on the Falkland Island by president Kirchner to Prime Minister Cameron during the G20 Summit. Emphasizes that a referendum is needed to determine the wish of the people of the Falkland Islands to be independent, remain under British or to be under Argentina. The UN Security Council, acting under Chapter ?, decides:
  • 16. 16 1). Encourages the Falkland Islanders to voice their opinion in the matter concerning sovereignty. 2). That the UK and Argentina shall respect the self-determination of the Falkland Islands and shall abide to them. 3.) Invites the UK and Argentina to resume negotiating and behave properly towards each other and to settle any remaining diplomatic tension. 4.) Trusts the Republic of Argentine and the United Kingdom of Great-Britain and Northern Ireland to settle with the outcome. 5.) Seeking an agreement of the United Nations to find an alternative timeframe for the holding of the Referendum in the Falkland Islands / Las Malvinas. Currently it is due to take place in 2013. This Referendum should be canceled and postponed, no longer than 2 years. 6.) Taking note: of the right to self-determination to the people of the Falkland Islands / Las Malvinas. Fully believing: that consensus must be reached on the content of the referendum. All parties must come to an agreement on the question/s of the Referendum: the UK, Argentina, the Falkland Islands and the International Community. 7.) Reminds that we as a body shall support the Falkland Island in whatever decision they may make, whether they choose to remain self-governing under the United Kingdom of Great- Britain and Northern Ireland or whether they choose to become independent and shall assist the Falkland Island in any way possible. 8.)Authorizes the Falkland Island to have the final vote in this matter since it is concerning them. 9.) Calls upon both the UK and Argentina to refrain from any use of force concerning the Falkland Islands after the referendum. The UN Security Council decides to remain seized of the matter
  • 17. 17 Group-Yosifova Resolution Main point is the Referendum of the Falkland Islands. In which people will choose to which country they want to belong, U.K or Argentina, they will also have the option of choosing independence. Both countries will present their offer to the Islands which they have discussed in the negotiations. There should be a reasonable amount of time for people to make up their minds about what they want before the referendum and after the negotiations. According to the GA resolution 1514; 1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the charter of the united nations and is an impediment to the promotion of world peace and co-operation. 2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 3. Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence. If the inhabitants of the Falkland Islands choose the U.K. once again in the referendum there will not be a change in government on the Falkland Islands. The U.K. will only keep supporting them with defense. The negotiations shall only be in the best interest of the people of the Falkland Islands. In other words the inhabitans of the Falkland Islands are the main point of the negotiations. If the Falkland Islands choose for independence they will be an Exclusive Economic Zone. If there are threats of war after the referendum has been held and the people of the Falkland Islands have chosen, the country who threatens shall endure economical or political consequences. In the negotiations Argentina and the U.K. can present what they want for the Falkland Islands and they can present a proposal for the inhabitants of the Falkland Islands, so they have a fair chance to persuade the people. We represent the following countries; Canada, Republic of Togo, United Kingdom, Kingdom of Saudi Arabia. Falkland Islands were colonized by almost all colonize empires as Spain, France and British Empire, but only United Kingdom has for the longest time been in charge of this Islands. They were responsible for it for almost two centuries (since 1833). Falkland Islands were discovered by Spain, but United Kingdom colonize by bringing there British citizens. United Kingdom helped (and is still) helping Falkland Islands. First financially and now they are helping them with e.g. defense. In 1975 Falkland Islands had an economic crisis (mentioned above) and United Kingdom came with solution (Shackleton Report in 1976). The Islands were discovered in 1520 by Magellan's expedition who was navigating under the control of King of Spain. Argentina, which was colony of Spain, claims that British Empire illegally settled on the Falkland Islands in 1833, because they have not discovered the Islands.
  • 18. 18 In April 1982 Argentina invaded Falkland Islands and was claiming that Islands belongs to them now. United Kingdom sent their troops to solve the problem of invading Falklands. By invading the Falkland Islands Argentina broke the International Law (you are not allowed to attack another state and use aggression, but you can defend yourself with using force). Argentina did not declare war to United Kingdom. It resulted that United Kingdom heard about the invading the Falkland Islands from media. British government sent their troops as a response. In June 1982 the war has been finished and United Kingdom has won. Argentina has never stopped claiming its rights for islands. In 1994 the government of Argentina changed their constitution and they have put the clause in the Constitution of Argentina that they will continue claiming Falkland Islands, South Georgia and South Sandwich Islands. In 2009 president of Argentina - Cristina Fernández - talked about sovereignty for Falkland Islands in Argentinean embassy in London during G20. Argentinean government does not accept the self- determination of Falkland Islands and wants make it one of the province of Argentina. On that case, the inhabitants of the Falklands does not approve this option. Argentina is supported by the countries as: Brazil, Paraguay, Uruguay, Bolivia, Chile, Colombia, Ecuador, Venezuela, Peru (members of MERCOSUR), China, Syria, Tunisia, Congo and Russia. In 2012 Cristina Fernández claimed again Falkland Islands and is ready to send troops and invade the Falklands again. United Kingdom declared their readiness for war.
  • 19. 19 Meeting minutes Date and time: 21.09.2012 14:00 Place: The Hague University Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile Absent: Kyona, Stefan Agenda: 1) Distributing the roles and setting priorities (Electing officers) 2) Discuss the background of the conflict and potential legal issues presented in the case Discussions/ Assignments 1) Aza Lemmer – Chairman Cecile Fournis – Spokes person Filipp Lisovski – Secretary 2) Sub-group issue teams were created for each issue. Argentina - Cecile , Clinton UK – Aza Falklands - Eric, Jean-Mark, Stefan Meeting adjourned: 16:00 (120 min) Next meeting on 24.09.2012 Minutes taken by Filipp Date and time: 24.09.2012 16:20 Place: The Hague University Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan Absent: Kyona Agenda: 1) Group Attitudes 2) Issue Team assignment Discussions/ Assignments 1. Discussion on the layout of the legal matrix, on excel 2. Group legal issues on the Falkland Islands Eric, Jean-Mark, Stefan: Can the Falkland Island realize or choose own sovereignty? -Customs - Montevideo Convention: requirements of State hood  Do the Falkland Islands fulfill the requirements according to the UN charter for self- determination? Article 2 if the UN charter  What is the link between the UK and the Falkland Islands Constitution? Same answer.
  • 20. 20 3. Group legal issues on Argentina, Cecile and Clinton  The Argentinian constitutional argument valid for sovereignty? Custom law: utis possidetis, history  Is the blockade legal? -Declaration of Paris, use of force Meeting adjourned : 17:05 (45 min) Next meeting on 03.10.2012 Minutes taken by Filipp Date and time: 04.10.2012 11:00 Place: The Hague University Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan, Kyona, Julia Absent: Agenda: 1) Legal Matrix 2) Canada’s opinion on Falklands; research 3) Understanding the “policy matrix” 4) Locate ally States to Canada Discussions/ Assignments 1) Legal Matrix was done 2) Canada doesn’t have a strong opinion, mostly for self-determination 3) Policy matrix was done 4) Canada has 12 out of 20 allies Meeting adjourned: 12:00 (1 hour) Next meeting on 24.10.2012 Minutes taken by Filipp Date and time: 24.10.2012 16:00 Place: The Hague University Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan, Kyona, Julia Absent: Agenda: 1) Writing a Position Paper reflecting the postion of Canada towards Flakland Islands / Las Malvinas 2) Discuss any possible difficulties that might arise during the debates
  • 21. 21 Discussions/ Assignments 1) Position paper was written 2) We had debates of possible difficulties and we think we don’t have any more “weak spots” concerning our position. Meeting adjourned: 18:00 (120 minutes) Next meeting on 08.11.2012 Minutes taken by Filipp Date and time: 08.11.2012 14:00 Place: @ Cecile’s apartment Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan Absent: none Agenda: 1) Preparation of arguments to support our views in the debates and to undermine the arguments proposed by Argentina. Discussions/ Assignments We prepared some arguments to support our views in the debates and to undermine the arguments proposed by Argentina and the legal sources of our arguments. Meeting adjourned : 16:00 (120 min) Next meeting on 14.10.2012 Minutes taken by Filipp Date and time: 14.11.2012 13:00 Place: @ Cecile’s apartament Present: Aza (chair), Filipp, Clinton, Eric, Jean-Mark, Cecile, Stefan, Kyona, Julia Absent: Agenda: 1) Discuss what is still to be done 2) Correct some things before handing in the portfolio 3) Briefly correct legal and policy matrix Discussions/ Assignments 3) We discussed what we had already done and what we still need to brush up on before handing in the portfolio 4) Slightly corrected the legal and policy matrices.
  • 22. 22 Meeting adjourned: 14:30 (90 minutes) Next meeting on 19.11.2012 Minutes taken by Filipp
  • 23. 23 Cooperation contract for group B.4 Rules of presentence and absence  Presentence on the agreed upon contact hours( Contact hours will be communicated by e-mail or Facebook)  Everyone is expected to be present during the weekly team meetings (unless otherwise stated)  In case of absence timely notification is required prior one hour before the group meeting or class lecture.  Absence shall be notify to the Chairman or secretary by e-mail or phone  Absence more than three times will automatically remove and end your participation with the Project(The veto right of the tutor overrules this agreement by which you agreed upon) Repeated absence and not doing enough leads to the following procedure  After repeatedly absent you will be informed by the group and chairman and it will be reported by the secretary  If there is no improvement, you will get one to two warnings from the group  Shall there be no improvement the tutor will be informed of your absent and your work attitude.  Shall there be no improvement on your absence and work attitude after the informant by the tutor you will be removed from the project and everything associated with it  Warning is done by means of an official e-mail by the chairman Rules of participation  Per week it may be that your assignments are distributed to make at home. This should all carry. After repeated failure of three times, You will be removed from the project and everything associated with it. Therefore your part with this project will be ended  Everyone is expected to be involved in the group and to make efforts to achieve the best possible result. Rules project assignment  Everyone is expected to achieve the agreed upon individual assignments delivery to be by Sunday delivered by e-mail or Dropbox no later than twelve o’clock midnight time (24:00)  Assignments are distributed to the team on a giving date which is communicated by the chairman by e-mail and should be completed in the same calendar week unless otherwise stated Veto right  Each member of the project group has her or his veto right concerning decisions made within the group(However if you performed a breach of contract your veto right will be invalid)  The veto right of the tutor overrules any veto decision made by the project group
  • 24. 24 Way of communication between group members  By phone  By e-mail  By Facebook  Personally( face to face) Agreed and in duplicate formatted page initialed and signed at Den Hague on Chairman Group member Name : Name: signature signature