Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

(BEST APPLICANT NA SINEND NI ABI)

ISSUE A: AGNOSTICA (APPLICANT)


Reverentia’s encouragement of the East Agnostican referendum violated Agnostica’s territorial
integrity, the principle of non-intervention, and the United Nations Charter generally

1. Reverentia`s support for the referendum violated the principle of territorial integrity.
The principle of territorial integrity is an essentially important part of the international legal order.
It is enshrined in Article 2(4) of the UN Charter.1 This basic rule is further reiterated in numerous
international instruments and especially in the Friendly Relations Declaration which underlines
the inviolability of the territorial integrity and political independence of States. In Kosovo and
Nicaragua the Court has found that the latter resolution reflects customary international law. In
this vein, Reverentia`s encouragement of the referendum by the adoption of the Resolution “On
the Crisis in East Agnostica” Resolution); and by the deployment of military troops near the
border, breached the principle of territorial integrity.

 The adoption of the Crisis Resolution by Reverentia imperils the territorial integrity of
Agnostica

- The right of national liberation movements to seek outside support has been
recognized only in the context of colonial and alien domination. In all other cases
States are required to strictly observe the territorial integrity of the parent State.
Hence, in situations in which third States support or encourage the actions of
secessionist movements, this would amount to a violation of the territorial integrity of
the parent State as affirmed by multiple Security Council Resolutions and other
documents. The Crisis Resolution recognizes the conducted referendum “as lawful
and valid” and expresses Reverentia’s readiness “to take all measures necessary to
ensure the security and the integrity of East Agnostica.”Therefore, by giving its
support for the referendum, Reverentia violated its duty to respect the inviolability of
every State and to positively protect the territorial composition of States, in particular
the territorial integrity of Agnostica.

 Reverentia`s amassment of troops near Agnostica`s border constitutes a threat of force


and therefore infringes the territorial integrity of Agnostica

- As emphasized in the consistent practice of this Court, territorial integrity relates to


the “complete and exclusive sovereignty of a State over its territory. On the day of
the referendum, Reverentia sent several hundred soldiers near Agnostica`s
border.These actions should be regarded as an inseparable part of the referendum`s
support and comprise a threat to use force against the territorial integrity of
Agnostica

 The right to self-determination could not justify the encouragement of the referendum
Respondent may rely on the erga omnes character of self-determination to justify its
support for the referendum. However, the context of this principle is only limited to
situations of colonial and alien domination. In any event, under the Friendly Relations
Declaration and other GA Resolutions the right of self-determination can only be
exercised within the confines prescribed by the other principles, including territorial
integrity.

You might also like