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  • Ratvan Acted in Breach of The Principle of Non

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    Mark Joseph Altura Yonting
    11 vizualizări1 pagină
    Ratvan breached the principle of non-use of force under Article 2(4) of the UN Charter by firing upon the ACG Esda, an Amber government vessel, while it was in Ratvan's EEZ. Under international law, firing weapons constitutes a use of force and a threat, regardless of whether any shots actually hit the target vessel. As a ship sailing under another nation's flag, the ACG Esda was considered an extension of Amber territory and therefore not subject to any other state's authority while in international waters.

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    RATVAN

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    Ratvan Acted in Breach of the Principle of Non

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    Ratvan breached the principle of non-use of force under Article 2(4) of the UN Charter by firing upon the ACG Esda, an Amber government vessel, while it was in Ratvan's EEZ. Under international law, firing weapons constitutes a use of force and a threat, regardless of whether any shots actually hit the target vessel. As a ship sailing under another nation's flag, the ACG Esda was considered an extension of Amber territory and therefore not subject to any other state's authority while in international waters.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
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    11 vizualizări1 pagină

    Ratvan Acted in Breach of The Principle of Non

    Încărcat de

    Mark Joseph Altura Yonting
    Ratvan breached the principle of non-use of force under Article 2(4) of the UN Charter by firing upon the ACG Esda, an Amber government vessel, while it was in Ratvan's EEZ. Under international law, firing weapons constitutes a use of force and a threat, regardless of whether any shots actually hit the target vessel. As a ship sailing under another nation's flag, the ACG Esda was considered an extension of Amber territory and therefore not subject to any other state's authority while in international waters.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
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    din 1

    I.

    RATVAN ACTED IN BREACH OF THE PRINCIPLE OF NON-USE OF FORCE ENSHRINED IN

    ARTICLE 2(4) OF THE CHARTER OF UNITED NATIONS IN EXCLUDING ACG ESDA FROM

    ITS EEZ.

    Article 2 of the United Nations Charter provides that 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.1

    Threats is an expression of an intention to inflict loss, injury or harm on another by illegal means
    and especially by means involving duress or coercion2

    Force is the sum of the potential strength, capabilities, and intentions of any enemy which can
    limit or negate mission accomplishment or reduce force, system or equipment effectiveness.3

    By firing upon the ACG Esda, a government vessel, Ratvan employed the use of force and threat
    to subdue Amber4

    ‘A corollary of the principle of the freedom of the seas is that a ship on the high seas is assimilated
    to the territory of the State the flag of which it flies, for, just as in its own territory, that State exercises its
    authority, upon it, and no other State may do so.’5 The fact that the shot did not hit the ACG Esda is of no
    importance.

    1
    UN Charter Article 2 (4)
    2
    http://www.unicri.it/services/library_documentation/catalogue_thesaurus/thesaurus.php?voice_=8405
    3
    https://unterm.un.org/UNTERM/Display/Record/UNHQ/NA?OriginalId=3c9d7d3a90a1384685256a0000078282
    4
    Compromis
    5
    Lotus ‘65

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