Inferences from the Aviation Field Study - Essay Example

Explorers from Ilium claim to have initially “discovered” and settled Tralfamadore (in part through the subjugation of native populations) centuries ago. Ilium has maintained a territorial claim to the islands ever since.

Instability in domestic governance during the early 20th century caused San Lorenzo to pare back its attention to Tralfamadore until the islands acquired sudden strategic military importance for Ilium during the mid-20th century. Ilium built up military bases on Ilium to use for naval and air operations. San Lorenzo protested Ilium’s claim to the islands at this time but was in no position to block Ilium’s military activities. Since the conclusion of its use for military operations around 1950, Ilium has continued to administer Tralfamadore as if it were a protectorate, with Tralfamadore retaining a large degree of internal self-governance. Ilium maintains responsibility for Tralfamadore’s foreign affairs, defense, and air transport navigation and control. San Lorenzo has continued to deny the legitimacy of Ilium’s claim to Tralfamadore, becoming more vocal in its objections in recent decades. The international community is divided on each State’s claim to Tralfamadore, with some States recognizing Ilium’s claim and some States supporting San Lorenzo. The United Nations has repeatedly asked the two States to negotiate a peaceful resolution of the dispute.

The situation is fluid. It is fair to say that Ilium has lost its ability to control the islands and to the extent they are controlled at present, it is by the Bokonon movement. The situation has risen to the level of non-international armed conflict and arguably could have been classified as such at the time of the downing of the aircraft, though specific information on the state of hostilities was not readily available then or now.

As a consequence of San Lorenzo’s covert activities on the island, San Lorenzana intelligence agencies were aware of the extent of hostilities in the region as well as the separatists’ military capabilities. Because of the covert nature of the operations, however, the San Lorenzana government had not shared that information with the San Lorenzana carriers.

San Lorenzo claims to have been granted access to areas of the accident site to which Ilium had more limited access. Both investigations, however, were significantly compromised by ongoing hostilities in the area and the lack of established local authorities with which to work. Assuming that, aside from disputes over which State should be conducting the investigation, and difficulties related to conducting an investigation within a conflict zone, the investigations have hewed as closely as practicable to international standards. From the above citation and submissions from both parties i.e. San Lorenzo and Ilium, the following conclusions which form our decision can be made;
 San Lorenzo has not proved that Ilium was behind the shooting of flights 423-9. Given that San Lorenzo was aware of the hostilities in the area and had been warned by Ilium not to fly in that particular area, Ilium is not responsible for the damages.

 Furthermore, Ilium has not breached her international obligation as this bench found out that it acted within the international laws under which it signed to.
 The state of Ilium is entitled to establish a prohibited state.
 The state of Ilium is entitled to draw up an accident investigation report pursuant to Annex 13.