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→‎Background (brief history): Limit 2 paragraphs: Apply edit as per broad consensus
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'''NOTE: Only edit this if you really, really, really, really, really, really (and so on) think something crucial is missing.'''
'''NOTE: Only edit this if you really, really, really, really, really, really (and so on) think something crucial is missing.'''


The United Kingdom and Argentina claim responsibility for the Falkland Islands. The modern dispute inititated shortly after the formation of the United Nations in 1945. That year, Argentina reasserted its right to sovereignty over the Falkland Islands and its [[Falkland Islands Dependencies|dependencies]] (primarily South Georgia and the South Sandwich Islands).<ref>{{cite web|archiveurl=http://web.archive.org/web/20110606073350/http://www.raf.mod.uk/falklands/preface.html |archivedate=6 June 2011 |url=http://www.raf.mod.uk/falklands/preface.html |work=The Falkland Islands – A history of the 1982 conflict |title=Preface to a conflict |publisher=Royal Air Force |accessdate=6 February 2012}}</ref> In 1964, the United Nations passed a [[UN General Assembly Resolution|resolution]] calling on the UK and Argentina to proceed with negotiations over the sovereignty dispute.<ref name="UN2065">[http://www.falklands.info/history/resolution2065.html United Nations Resolution 2065, ''Question of the Falkland Islands (Malvinas)'']. Falkland Islands Information Portal.</ref> A series of talks between the two nations took place until 1981, but they failed to reach a conclusion on sovereignty.<ref name="Guardian">[http://www.guardian.co.uk/falklands/story/0,,1516277,00.html UK held secret talks to cede sovereignty]. The Guardian. 28 June 2005. Retrieved on 20 November 2011.</ref>
The United Kingdom and Argentina claim responsibility for the Falkland Islands. The modern dispute inititated shortly after the formation of the United Nations in 1945. That year, Argentina reasserted its right to sovereignty over the Falkland Islands and its [[Falkland Islands Dependencies|dependencies]]. In 1964, the United Nations passed a [[UN General Assembly Resolution|resolution]] calling on the UK and Argentina to proceed with negotiations over the sovereignty dispute.<ref name="UN2065">[http://www.falklands.info/history/resolution2065.html United Nations Resolution 2065, ''Question of the Falkland Islands (Malvinas)'']. Falkland Islands Information Portal.</ref>

Whilst maintaining the British claim for sovereignty, the [[British Government]] considered transfer of sovereignty worthy of improved relations with Argentina. However, the British Government had limited room for manoeuvre owing to the strength of the Falkland Islands lobby in the [[Houses of Parliament]]. During the late 1960s, the Falklanders protested against secret negotiations between the [[British Foreign Office]] and Argentine government, which sought to find a way by which the islands could be peacefully transferred to Argentina while also protecting the rights and way of life of the Islanders.<ref>{{cite web
|url = http://www.globalsecurity.org/military/library/report/1987/CRD.htm
|title = <nowiki>The Argentine Seizure Of The Malvinas [Falkland] Islands: History and Diplomacy</nowiki>
|last = Chenette
|first = Richard D
|date = 4 May 1987
|publisher = Marine Corps Staff and Command College}}</ref>

This led to the British Government maintaining a position that the right to [[self-determination]] of the Islanders was paramount. In return, Argentina did not recognise the rights of the Islanders and so negotiations on the sovereignty issue effectively remained at a stalemate.<ref name="GrahamBound">Bound, Graham. ''Falkland Islanders at War'', Pen & Swords Ltd, 2002 ISBN 1-84415-429-7</ref> Argentina reiterated its position towards the Falklanders in 2012, after a meeting of the UN Decolonization Committee, when its representatives refused to accept a letter from the Falkland Islands offering the opening of direct talks between both governments. Argentina only recognises the UK government as a legitimate partner in negotiations.<ref>[http://en.mercopress.com/2012/06/15/summers-invites-argentina-to-sit-down-and-enter-into-a-dialogue-with-the-people-of-the-falklands] Summers invites Argentina to sit down and enter into a dialogue with the people of the Falklands</ref><ref>{{cite web |url=http://noticias.terra.com/eeuu/malvinas-canciller-argentino-no-acepta-carta-de-los-islenos-afp,f757ebc82ece7310VgnVCM10000098cceb0aRCRD.html| title=Canciller argentino no acepta carta de los isleños | publisher=Terra | date=June 14, 2012 |accessdate=November 27, 2012}}</ref>


After the 1982 Falklands War, the United Kingdom and Argentina severed their diplomatic relations until 1990.<ref name="Briefing papers">{{cite web|url=http://www.parliament.uk/briefing-papers/SN05602.pdf |title=Argentina and the Falkland Islands |publisher=House of Commons Library |date=22 June 2010 |accessdate=17 August 2011}}</ref> In 2007, Argentina reasserted its claim over the Falkland Islands, asking for the UK to resume talks on sovereignty.<ref>{{cite news |title=Argentina Reasserts Claim to Falkland Islands |date=3 January 2007 |publisher=Voice of America |url=http://voanews.com/english/archive/2007-01/2007-01-03-voa29.cfm |work=VOA News |pages = |accessdate=3 January 2009}}{{dead link|date=February 2012}}</ref> In 2009, British Prime Minister [[Gordon Brown]] met with Argentine President [[Cristina Fernández de Kirchner]], and declared that there would be no talks over the future sovereignty of the Falkland Islands.<ref name="Vinadelmar">{{cite news|url=http://news.bbc.co.uk/1/hi/uk_politics/7969463.stm |title=No talks on Falklands, says Brown |publisher=BBC News |date=28 March 2009 |accessdate=11 February 2012}}</ref> As far as the United Kingdom and of the Falkland Islands are concerned, no pending issue to resolve exists.<ref>
After the 1982 Falklands War, the United Kingdom and Argentina severed their diplomatic relations until 1990.<ref name="Briefing papers">{{cite web|url=http://www.parliament.uk/briefing-papers/SN05602.pdf |title=Argentina and the Falkland Islands |publisher=House of Commons Library |date=22 June 2010 |accessdate=17 August 2011}}</ref> In 2007, Argentina reasserted its claim over the Falkland Islands, asking for the UK to resume talks on sovereignty.<ref>{{cite news |title=Argentina Reasserts Claim to Falkland Islands |date=3 January 2007 |publisher=Voice of America |url=http://voanews.com/english/archive/2007-01/2007-01-03-voa29.cfm |work=VOA News |pages = |accessdate=3 January 2009}}{{dead link|date=February 2012}}</ref> In 2009, British Prime Minister [[Gordon Brown]] met with Argentine President [[Cristina Fernández de Kirchner]], and declared that there would be no talks over the future sovereignty of the Falkland Islands.<ref name="Vinadelmar">{{cite news|url=http://news.bbc.co.uk/1/hi/uk_politics/7969463.stm |title=No talks on Falklands, says Brown |publisher=BBC News |date=28 March 2009 |accessdate=11 February 2012}}</ref> As far as the United Kingdom and of the Falkland Islands are concerned, no pending issue to resolve exists.<ref>
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|date=22 February 2010
|date=22 February 2010
|accessdate=13 January 2011}}</ref><ref>{{cite news|url=http://www.guardian.co.uk/uk/2009/mar/28/falkland-islands-sovereignty-argentina |title = Falkland Islands sovereignty talks out of the question, says Gordon Brown |work=The Guardian |location=London |date=28 March 2009 |accessdate=29 April 2009 |first=Nicholas |last=Watt}}</ref><ref>{{cite web|url=http://www.falklands.gov.fk/overview.php |title=Falkland Islands Government Overview |publisher=Falkland Islands Government |accessdate=15 March 2010}}</ref>
|accessdate=13 January 2011}}</ref><ref>{{cite news|url=http://www.guardian.co.uk/uk/2009/mar/28/falkland-islands-sovereignty-argentina |title = Falkland Islands sovereignty talks out of the question, says Gordon Brown |work=The Guardian |location=London |date=28 March 2009 |accessdate=29 April 2009 |first=Nicholas |last=Watt}}</ref><ref>{{cite web|url=http://www.falklands.gov.fk/overview.php |title=Falkland Islands Government Overview |publisher=Falkland Islands Government |accessdate=15 March 2010}}</ref>

===UK Position, Argentina counter-arguments: Limit 1 paragraph===

The United Kingdom bases its position on continuous administration of the islands since 1833 (apart from the [[Occupation of the Falkland Islands|Argentine military occupation in 1982]]) and the islanders’ "right to self determination, including their right to remain British if that is their wish".<ref name=FCO>{{cite web
|url = http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/south-america/falkland-islands/
|title = Falkland Islands (British Overseas Territory)
|publisher = United Kingdom Foreign and Commonwealth Office
|work = Travel & living abroad
|accessdate =17 May 2011}}</ref> Nevertheless, Argentina argues that modern Falkland Islanders do not have the right to [[self-determination]], because Britain expelled the Argentine inhabitants of the islands
and barred those who wished to settle there afterwards.<ref name="Reisman1983">{{cite book|author=Reisman, W. Michael|title=The struggle for the Falklands|url=http://heinonline.org/HOL/Page?handle=hein.journals/ylr93&div=24&collection=journals&set_as_cursor=41&men_tab=srchresults|year=1983|publisher=The Yale Law Journal|page=306}}</ref> Argentina reiterated its position towards the Falklanders in 2012, after a meeting of the UN Decolonization Committee, when its representatives refused to accept a letter from the Falkland Islands offering the opening of direct talks between both governments. Argentina only recognises the UK government as a legitimate partner in negotiations.<ref>[http://en.mercopress.com/2012/06/15/summers-invites-argentina-to-sit-down-and-enter-into-a-dialogue-with-the-people-of-the-falklands] Summers invites Argentina to sit down and enter into a dialogue with the people of the Falklands</ref><ref>{{cite web |url=http://noticias.terra.com/eeuu/malvinas-canciller-argentino-no-acepta-carta-de-los-islenos-afp,f757ebc82ece7310VgnVCM10000098cceb0aRCRD.html| title=Canciller argentino no acepta carta de los isleños | publisher=Terra | date=June 14, 2012 |accessdate=November 27, 2012}}</ref>

===Argentine Position, UK counter-arguments: Limit 1 paragraph===

Argentina claims that it acquired the Falkland Islands from Spain, upon becoming independent from it in 1816. Argentina also argues that, in 1833, the United Kingdom used a threat of "greater force" to expell from the Falklands the Argentine authorities and "the people that had settled there".<ref name=AR_FA/>

'''Reisman'''

W. Michael Reisman, professor of international law at [[Yale Law School]], asserts that "Britain expelled the Argentinian inhabitants of the Falklands and barred those who wished to settle there after the English seizure of the islands. In the interim, an entirely British population took root and became the only indigenous Falkland Islanders."<ref name=RIS>{{cite web
|url = http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1726&context=fss_papers
|title = The Struggle for The Falklands
|publisher = Yale Law School
|date =01 Jan 1983}}</ref>

'''Gustafson'''

Political historian Lowell Gustafson alleges that Clio and Tyne's implicit threat of force constitutes its usage, writing that "[t]he most successful use of force is to show it, not actually to fight".<ref name ="Gustafson">{{cite book|author=Lowell S. Gustafson|title=The Sovereignty Dispute Over the Falkland (Malvinas) Islands|url=http://books.google.com/books?id=Ip-9_W7efbAC|accessdate=18 September 2012|date=7 April 1988|publisher=Oxford University Press|isbn=978-0-19-504184-2|page=26}}</ref> However, Gustafson disputes the force's extent, adding that "this incident is not the forcible ejection of Argentine settlers that has become myth in Argentina".<ref name = Gustafson/>

'''Cawkell'''

British historian Mary Cawkell disputes that the settlers were ousted and replaced.<ref>{{cite book|author=Mary Cawkell|title=The Falkland story, 1592–1982|url=http://books.google.com/books?id=wg8aAAAAYAAJ|accessdate=18 September 2012|year=1983|publisher=A. Nelson|isbn=978-0-904614-08-4|page=30}} ''Argentina likes to stress that Argentine settlers were ousted and replaced. This is incorrect. Those settlers who wished to leave were allowed to go. The rest continued at the now renamed Port Louis.''</ref>

'''Escude and Bulmer'''

Other historians such as Bulmer and [[Carlos Escudé]] state that the inhabitants of the settlement were expelled by the British in 1833.<ref name="Bulmer1989">{{cite book|author=Bulmer-Thomas, Victor|title=Britain and Latin America: A Changing Relationship|url=http://books.google.com.ar/books?id=Kfk0AWSaHjoC|year=1989|publisher=Cambridge University Press|page=3}} ''The newly independent state of the United Provinces of the Río de La Plata (Argentina) occupied the islands in 1816, began their settlement in 1820, established a political and military command there in 1829, but was expelled by the Britain in 1833'' </ref><ref>[http://elguardian.com.ar/nota/revista/476/las-malvinas-seran-argentinas] Carlos Escudé, 02/18/2012: "Argentina has rights to the Falkland Islands because in 1833 it occupied them legally and was expelled by force, against all right."</ref>


===Islanders' Position ''and'' (possibly) short analysis of what may happen in the future: Limit 1 paragraph===
===Islanders' Position ''and'' (possibly) short analysis of what may happen in the future: Limit 1 paragraph===


The Falkland Islanders consistently reject the Argentine sovereignty claim, and maintain their allegiance to the United Kingdom. During the late 1960s, the Falklanders protested against secret negotiations between the [[British Foreign Office]] and Argentine government, which sought to find a way by which the islands could be peacefully transferred to Argentina while also protecting the rights and way of life of the Islanders.<ref>{{cite web
The Falkland Islanders consistently reject the Argentine sovereignty claim, and have consistently stated a preference to retains links to the United Kingdom. In 2010, Falklands [[correspondent]] Tom Leonard, from British newspaper ''[[The Daily Telegraph]]'', wrote that "The 3,000-strong community is already proudly British [...]. The younger islanders may not share the older generation’s memories but there is clearly no love lost with the Argentines among them, too".<ref>
|url = http://www.globalsecurity.org/military/library/report/1987/CRD.htm
|title = <nowiki>The Argentine Seizure Of The Malvinas [Falkland] Islands: History and Diplomacy</nowiki>
|last = Chenette
|first = Richard D
|date = 4 May 1987
|publisher = Marine Corps Staff and Command College}}</ref> In 2010, Falklands [[correspondent]] Tom Leonard, from British newspaper ''[[The Daily Telegraph]]'', wrote that "The 3,000-strong community is already proudly British [...]. The younger islanders may not share the older generation’s memories but there is clearly no love lost with the Argentines among them, too".<ref>
{{cite news|title=Falkland Islands: Argentina can't scare us, say islanders
{{cite news|title=Falkland Islands: Argentina can't scare us, say islanders
|last=Leonard
|last=Leonard

Revision as of 13:19, 8 December 2012

PLEASE NOTE: Although I have divided the "Sovereignty dispute" into sub-sections, the sub-headings shall be deleted upon completion of the new text.

Sovereignty dispute

File:Malvinas-cartel.JPG
A sign at the Argentine-Brazilian border, translated into English, proclaims "The Malvinas are Argentine". Signs like this exist throughout Argentina.

Background (brief history): Limit 2 paragraphs

NOTE: Only edit this if you really, really, really, really, really, really (and so on) think something crucial is missing.

The United Kingdom and Argentina claim responsibility for the Falkland Islands. The modern dispute inititated shortly after the formation of the United Nations in 1945. That year, Argentina reasserted its right to sovereignty over the Falkland Islands and its dependencies. In 1964, the United Nations passed a resolution calling on the UK and Argentina to proceed with negotiations over the sovereignty dispute.[1]

Whilst maintaining the British claim for sovereignty, the British Government considered transfer of sovereignty worthy of improved relations with Argentina. However, the British Government had limited room for manoeuvre owing to the strength of the Falkland Islands lobby in the Houses of Parliament. During the late 1960s, the Falklanders protested against secret negotiations between the British Foreign Office and Argentine government, which sought to find a way by which the islands could be peacefully transferred to Argentina while also protecting the rights and way of life of the Islanders.[2]

This led to the British Government maintaining a position that the right to self-determination of the Islanders was paramount. In return, Argentina did not recognise the rights of the Islanders and so negotiations on the sovereignty issue effectively remained at a stalemate.[3] Argentina reiterated its position towards the Falklanders in 2012, after a meeting of the UN Decolonization Committee, when its representatives refused to accept a letter from the Falkland Islands offering the opening of direct talks between both governments. Argentina only recognises the UK government as a legitimate partner in negotiations.[4][5]

After the 1982 Falklands War, the United Kingdom and Argentina severed their diplomatic relations until 1990.[6] In 2007, Argentina reasserted its claim over the Falkland Islands, asking for the UK to resume talks on sovereignty.[7] In 2009, British Prime Minister Gordon Brown met with Argentine President Cristina Fernández de Kirchner, and declared that there would be no talks over the future sovereignty of the Falkland Islands.[8] As far as the United Kingdom and of the Falkland Islands are concerned, no pending issue to resolve exists.[9][10][11]

Islanders' Position and (possibly) short analysis of what may happen in the future: Limit 1 paragraph

The Falkland Islanders consistently reject the Argentine sovereignty claim, and have consistently stated a preference to retains links to the United Kingdom. In 2010, Falklands correspondent Tom Leonard, from British newspaper The Daily Telegraph, wrote that "The 3,000-strong community is already proudly British [...]. The younger islanders may not share the older generation’s memories but there is clearly no love lost with the Argentines among them, too".[12] On 12 June 2012, the Falkland Islands government announced it would hold a referendum on the political status of the islands in the first half of 2013, with the objective of sending "a firm message to Argentina that islanders want to remain British".[13]

Possibly Important Text that Should go Somewhere, Elsewhere, or Nowhere

  • In 1998, in retaliation for the arrest in London of the former Chilean president Augusto Pinochet, the Chilean government banned flights between Punta Arenas and Stanley, thus isolating the islands from the rest of the world. Uruguay and Brazil refused to authorise direct flights between their territories and Stanley. This forced the islands' government to enter negotiations with the Argentine government and led to Argentina authorising direct flights between its territory and Stanley, on condition that Argentine citizens be allowed on the islands.[16]
  • Under his government the Argentine and the United Kingdom (acting on behalf of the Falkland Islands) set up the South Atlantic Fisheries Commission (SAFC) in 1990 to exchange information and to coordinate fishing activities in the South Atlantic[17]
  • In 1994, Argentina reformed its constitution and, among other changes, included a statement declaring that this claim must be pursued in a manner "respectful of the way of life of their inhabitants and according to the principles of international law".[18]
  • Néstor Kirchner, campaigning for president in 2003, regarded the islands as a top priority, taking actions such as banning flights to the Falklands from Argentine airspace. In June 2003 the issue was brought before a United Nations committee, and attempts have been made to open talks with the United Kingdom to resolve the issue of the islands.[6]
  • In October 2007 a British spokeswoman confirmed that Britain intended to submit a claim[19] to the UN to extend seabed territory around the Falklands and South Georgia, in advance of the expiry of the deadline[20] for territorial claims following Britain's ratification of the 1982 Law of the Sea Convention.[21] This claim would enable Britain to control activities such as fishing within the zone, in areas not conflicting with the Antarctic Treaty.[22] Argentina has indicated it will challenge any British claim to Antarctic territory and the area around the Falkland Islands and South Georgia.[23] Argentina made a similar claim in 2009,[24] and the United Kingdom quickly protested against these claims.[25]
  • Since 2005 the South Atlantic Fisheries Commission has been largely moribund as the Argentine Government reduced co-operation, declining to continue the routine joint meeting process and suspending joint scientific activities[17] and in 2009, when delegates from the Falkland Islands were invited to an international fisheries sustainability conference convened by Spain, the Argentine delegation protested and walked out of the conference.[6][26] In February 2010, the Argentine government announced that ships traversing Argentine territorial waters en route to the Falklands, South Georgia and the South Sandwich Islands would require a permit, as part of a dispute over British oil exploration near the Falklands. The British and Falkland governments stated that Falklands-controlled waters were unaffected.[27] In February 2012, two cruise liners were prevented from docking in the port of Ushuaia in the Argentinian province of Tierra del Fuego apparently because they had vistied the Falklands.[28]

Notes

  1. ^ United Nations Resolution 2065, Question of the Falkland Islands (Malvinas). Falkland Islands Information Portal.
  2. ^ Chenette, Richard D (4 May 1987). "The Argentine Seizure Of The Malvinas [Falkland] Islands: History and Diplomacy". Marine Corps Staff and Command College.
  3. ^ Bound, Graham. Falkland Islanders at War, Pen & Swords Ltd, 2002 ISBN 1-84415-429-7
  4. ^ [1] Summers invites Argentina to sit down and enter into a dialogue with the people of the Falklands
  5. ^ "Canciller argentino no acepta carta de los isleños". Terra. June 14, 2012. Retrieved November 27, 2012.
  6. ^ a b c "Argentina and the Falkland Islands" (PDF). House of Commons Library. 22 June 2010. Retrieved 17 August 2011.
  7. ^ "Argentina Reasserts Claim to Falkland Islands". VOA News. Voice of America. 3 January 2007. Retrieved 3 January 2009.[dead link]
  8. ^ "No talks on Falklands, says Brown". BBC News. 28 March 2009. Retrieved 11 February 2012.
  9. ^ Leonard, Tom (22 February 2010). "Falkland Islands: Argentina can't scare us, say islanders". The Daily Telegraph. London. Retrieved 13 January 2011.
  10. ^ Watt, Nicholas (28 March 2009). "Falkland Islands sovereignty talks out of the question, says Gordon Brown". The Guardian. London. Retrieved 29 April 2009.
  11. ^ "Falkland Islands Government Overview". Falkland Islands Government. Retrieved 15 March 2010.
  12. ^ Leonard, Tom (22 February 2010). "Falkland Islands: Argentina can't scare us, say islanders". The Daily Telegraph. London. Retrieved 13 January 2011.
  13. ^ "Falkland Islands to hold referendum on sovereignty". BBC. 12 June 2012. Retrieved 12 June 2012.
  14. ^ "Remaining 16 Non-Self-Governing Territories on United Nations List Are "16 Too Many", Fourth Committee Told, As It Takes Up Cluster of Decolonization Issues". Department of Public Information, United Nations. 5 October 2009. Retrieved 17 May 2011.
  15. ^ "Independence of Colonial Peoples – Progress of decolonization". Encyclopedia of the Nations. Retrieved 17 May 2011.
  16. ^ Falklands.info, Agreement of 14 July 1999
  17. ^ a b Dr. Alexander Arkhipkin (8 June 2010). "Illex 2010: the case for improved conservation". Fish Information and Services. Retrieved 25 November 2012.
  18. ^ "Argentina Constitution, Georgetown University". Georgetown University. 16 July 2008. Retrieved 15 March 2010.
  19. ^ Kelland, Kate (18 October 2007). "Britain to claim a million square km of Antarctica". Reuters. Retrieved 20 October 2007.
  20. ^ Dodds, Prof Klaus (19 October 2007). "Icy imperialism or reinforcement of the Antarctic treaty?". The Guardian. London. Retrieved 20 October 2007.
  21. ^ "Table of Contents to the UN Law of the Sea Convention". Globelaw.com. 10 December 1982. Retrieved 15 March 2010.
  22. ^ Boyle, Prof Alan (19 October 2007). "Icy imperialism or reinforcement of the Antarctic treaty?". The Guardian. London. Retrieved 20 October 2007.
  23. ^ Boycott, Owen (19 October 2007). "Argentina ready to challenge Britain's Antarctic claims". The Guardian. London. Retrieved 20 October 2007.
  24. ^ Piette, Candace (22 April 2009). "Americas | Argentina claims vast ocean area". BBC News. Retrieved 15 March 2010.
  25. ^ "'Not so fast,' says Britain as Argentina makes fresh appeal to UN over Falkland Islands". Mail on Sunday. 23 April 2009.
  26. ^ "Spanish apology to Argentina for "protocol error" involving Falklands' delegation". MercoPress. Montevideo. 17 September 2009. {{cite news}}: |access-date= requires |url= (help)
  27. ^ "Argentina toughens shipping rules in Falklands oil row". BBC News. 17 February 2010. Retrieved 17 August 2011.
  28. ^ "Falklands tension: Argentina 'turns away' cruise ships". BBC News. 28 February 2012. Retrieved 28 November 2012.

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