text:
Thanks to twoboysmomma, with 3 exclamation points.
UPDATE: For those of you looking for some hidden meaning to this cake: There is none. I believe it was ordered by Yahoo for a company function.
When professional cakes go horribly, hilariously wrong.
Lol!! Oh, wow, I can't even think of an explaination for this one!
Oh! Holy bad cake! This one's just...blah.
Wow....it's good to stay away from easy grammar mistakes when writing with icing, I always say. LOL
And the purpose of this cake is.....????
wow, this is perhaps the most boring cake I've ever seen.
what's it about?!!
I am trying to picture anyone looking at a cake order that says "Art will be broght" and thinking that is what they wanted written in frosting.... boggles the mind and makes you say Yahoo!!!
Oh dear.
That's embarassing.
Brother vowels certain
That "U" is lost, with art,
That off-balanced yahoo!!!
This makes me hurt inside.
I think this cake's very existence is fail even IF it had "brought" spelt correctly on it... I fail to see... WHY this cake was made AT ALL. Huh? It... doesn't make sense! Someone eat this atrocity of fail! Why is art being "broght" to Yahoo in such a plain and bland way? (Is blank the new art?)
Maybe the decorator thought it was part of a prophecy. "Art will be brought a craptacular cake....and Art will rain down his vengeance upon the wreckerators."
No, I'm really stretching...there's just no excuse for this. Anyway the only guy named Art I know collects Star Wars figures and has no friends apart from them, so he's hardly set for world domination.
It took me a few minutes to process that they wrote on there "Art will be broght" meaning that the artwork that should be placed on the cake would be brought in by the client.
What I don't get is:
A) Who would be so dumb as to see that written by the cake as a note, and think it is supposed to be written ON the cake.
B) What in the world does Yahoo! have to do with that?
Oh for shame. As you say, the enthusiasm holds it's own.
Sadly, I think the purple circle with the Y in it *was* the art that was brought and the note was never removed. How sad.
Tcha . . . I get the feeling the art (the purple Y and !) was brought, and they had to put it at the bottom left to make room for the "message."
I'm still searching for the meaning of this one...
My interpretation was that the cake was simply to have the Yahoo logo on it and the note said "Art will be brought" at the bottom of the order. As usual, phone orders are very difficult to fill!
WV: Undert--No one should care what the icing looks like at long as the cake undert tastes good.
Ewwww....the "!" is *dripping*!!
Remind me to never call in a cake order- EVER!!! (was that enohgt exclamation points?)
Beats the heck out of me. I have no idea what this means. Icing looks good though. maybe if you just scrape the writing off.
Wow, that is super boring. And weird.
I agree it's very enthusiastic; as can easily be recognized by the many, many exclamation marks in different colors and positions.
At first glance I thought it was the Y from BYU. Glad you labeled this post "Yahoo!" :)
Wow, this is the second time this morning I've looked at this cake, and I just now got what "Art will be bro[u]ght" meant.
In my defense, the first time I spent all of my effort figuring out that the purple squiggles off to the right side spelled "Yahoo."
Word verification: mouoh, perhaps the buyer's response when picking up this botched order
Do these people *think* before they destroy, I mean create, a cake?
ew. the grammar/spelling just makes me cringe.
I have the answer.
It was an email. The email client was "yahoo."
The person read the details, and at the end of the email, it said "Art will be brought", and then, of course...
The Yahoo icon was at the bottom of the email. The email was printed out for the decorator, who wasn't too internet savvy, and didn't have Yahoo email.
I don't know if I'd ever want to email instructions to a baker, let alone phone them. Too risky.
I see this as your next t-shirt!
Uhmmmm...what is that supposed to mean, exactly?
wv: woodge "Woodge ya really buy this cake?"
~Amy B
Given the season, I'm going to go with this being a congratulatory cake for a kid who just got into either Yale or Brigham Young - both use the white "Y" on the blue background. Poor kid. That kind of accomplishment deserves so much better!
this almost makes more sense as the BYU logo. (You can see it here)Those of us living in Utah, especally the Provo area have had to put up with awful slogans for the past few years. "Art will be broght" might actually be an improvement.
wv: insolv. The mystery of what this cake was supposed to be is insolv-able.
knitorpurl said I am trying to picture anyone looking at a cake order that says "Art will be broght" and thinking that is what they wanted written in frosting
Thanks knitorpurl, I get it now! I was at a loss to understand what they had meant to write on there, and why they would write it on a cake.
This is what you get for not getting your art "broght" to the decorator before they start making the cake.
Why would you want Yahoo! on a cake anyway? Unless you work there! maybe it was a cake for someone at Google!!
but, the YAHOO logo needs all caps...
if I can google it, then surely, the bakers and cake decorators can too.
that it does!
here's the original:
the cake was made for yahoo! for some event, hence the yahoo logo.
Lol, very nice.
S2BArt :-\
Gosh, I guess I'm beyond words. Yuck? Or maybe rather... Yuck!!!
I'm seriously on "slow" today; I had to read the comments before I got it.
WV: abilingu
Abilingu-al person would probably spell more words on this cake correctly than the original wreckerator did.
Well, at least the ruffles look tasty.
(Note to self: Never fax or e-mail a cake request to a bakery. Always go in person, even if the bakery is 100 miles away.)
I'm so confused...
They really should have had five exclamation points, the sure sign of an insane mind.
I like the two different shades of purple...one for the circle, one for the exclamation mark.
Wow. Just wow.
Perhaps "Art" is a person, and he was going to be "brought" to the party and the note on the cake was like a memo from Art's executive assistant....who couldn't spell.
I meant to brong the art, but forgot.
I always like my food to be enthusiastic! Just makes me feel warm and fuzzy all over.
It's always nice when the bakery realizes the difference between the instructions and the copy, don't you think!?!
I can't even READ the cake, which makes it more hilarius, seeing as I have a degree in reading illegible handwriting. It's a wonder that Yahoo! would order a cake for themselves.
I just assumed it was from a Provo bakery, where the bYu is located and the decorator was a product of our fine Utah public school system. But Yahoo, it's from another part of the country where they have bad spelling and density issues too.
Bring it, Yahoo, bring it!
It's not the Yale or BYU 'Y' It's Yahoo 'Y' see how the right side is shorter.. At least they got that 'y' correct. As for the rest...
The point of this cake eludes me.
Oh my. I am with Regina today. I so did not get this at first (sorry, it's been a long day!) Before you judge, I knew it was wrong. Then I read the comments and it was like, duh, now I know WHY it is wrong!
*walking away, hanging my head in shame ...*
This reminds me of a very depressing engraving mistake I saw on a friend's gift. The brought in the name and date of birth of their baby on a sheet of paper to be engraved on two silver cups. Rather than writing the information down on a designated work order a worker just wrote "see sheet" on the order and put the paper in the bag with the cups. Guess what they engraved...
The "Y" on this cake resembles the symbol of Brigham Young University, which is a "Y". But that is the only explanation I can come with.
I now have in mind the scene from "Not Another Teen Movie," which mocks a scene from "Bring It On" -- "Bring it!" "It has already been broughted!"
wv: supen = I'll have supen salad after this cake.
DUH! What happened is the person who ordered the cake couldn't spell. They 1/2 assed the order, NOT bringing the artwork for the cake and made a note to the equally stupid cake-making person. Instead of the frosting-putter-onner CALLING about the missing artwork, they just figured to go with what they felt. Not only was it SUPER poor spelling, it was also HORRID customer service!
joyce said but, the YAHOO logo needs all caps...
if I can google it, then surely, the bakers and cake decorators can too.
I find a certain amount of irony in the idea of googling the YAHOO logo. Was that intentional?
I actually know the story behind this cake!
The publishing company that I work for has a new marketing partnership with Yahoo, and this cake was ordered to celebrate it. It was supposed to have the Yahoo logo and we were supposed to supply the Publisher's logo!
The news never made it to the decorator, and this is the outcome!
It was a joke around here for WEEKS.
I love that the cake today is about spelling and your very first blogger misspelled "explaination" in their response. LOL
I hope yahoo hires a better cake decorator for future celebrations.... or else we better sell some yahoo stock...
So, the person who claims to have been at this event is lying, as I actually was at the event.
Yahoo was sponsoring a university event (not BYU, that Y was supposed to be a Yahoo! logo...) I don't think they actually ordered the cake even; that's normally handled by us. However, the mix-up was basically as described, the person taking the order didn't understand that "Art will be brought" means that someone is dropping off a graphic later.
Luckily, none of us cared; we were just happy Yahoo! gave us cake. :)
I'm sorry, I've never said this before with any real conviction but: my mind boggles.
What does it mean??
The brief story behind this cake is described where I originally posted this photo I took on my cell phone: http://www.flickr.com/photos/drashid/3298752279
Basically, it was a Carnegie Mellon University event Sponsored by Yahoo! for a "Smiley" anniversary celebration I believe (Scott Fahlman, a professor at CMU is credited with the first smiley emoticon). They didn't say what the art that was to be brought would have been, I assume a smiley face as there were small smiley faces on all the other desserts at the event.
I'm not sure what cake service CMU uses, but they had another cake botched a couple weeks later...though not as amazingly as this one. But hey, it tasted fine...not that graduate students are picky about free food...
My, oh my....this is just the lamest excuse I have ever read....I actually know the story behind this cake!
The publishing company that I work for has a new marketing partnership with Yahoo, and this cake was ordered to celebrate it. It was supposed to have the Yahoo logo and we were supposed to supply the Publisher's logo!
The news never made it to the decorator, and this is the outcome!
It was a joke around here for WEEKS.
I think that--because Yahoo! is such a huge company and a decorator who can't even spell the word "brought" had to decorate a cake is assigned to do the task is ridiculous! It maybe a big joke in your place but that's a big slap on the face of Yahoo! if your Publishing Company indeed have a new Marketing partnership with Yahoo!
It makes me wonder , why did that cake even make it out of the baking/decorating area..into the display counter?
BYU football.... hahahahahahahahahaha
I got it!
The order read:
Art will be broght
(a pickture from Yahoo)
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A Cake Wreck is any cake that is unintentionally sad, silly, creepy, inappropriate - you name it. A Wreck is not necessarily a poorly-made cake; it's simply one I find funny, for any of a number of reasons. Anyone who has ever smeared frosting on a baked good has made a Wreck at one time or another, so I'm not here to vilify decorators: Cake Wrecks is just about finding the funny in unexpected, sugar-filled places.
Now, don't you have a photo you want to send me? ;)
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View translated passages only
Oxford Law Citator
Expand All
Collapse All
Preliminary Material
List of Contributors
Table of Cases
Table of Statutes
The Work of the ILC on Responsibility
1 Articles on Responsibility of States for Internationally Wrongful Acts (2001)
Reports of the Special Rapporteurs
FV García Amador
R Ago
W Riphagen
G Arangio-Ruiz
J Crawford
Articles adopted by the Commission
Other documents of the Commission
2 Articles on Diplomatic Protection (2006)
Reports of the Special Rapporteurs
M Bennouna
J Dugard
Draft articles adopted by the Commission
3 Draft Articles on Responsibility of International Organizations
Reports of Special Rapporteur
G Gaja
Draft articles adopted by the Commission
Select Abbreviations
Main Text
Part I Introduction—Responsibility and International Law
Ch.1 The Definition of Responsibility in International Law
Preliminary Material
1 Responsibility as the 'necessary corollary of law'
(a) No responsibility, no (international) law
(b) The traditional definition of international responsibility
2 The complex definition of a multi-faceted notion
(a) The diversification of persons who may be responsible
(i) The responsibility of international organizations
(ii) The international responsibility of individuals
(b) The 'objectivization' of international responsibility
(i) Questioning the traditional definition of responsibility
(ii) A truly objective concept of responsibility?
3 The characteristics of international responsibility
(a) Diversity and unity of the concept of international responsibility
(b) International responsibility: neither civil nor criminal …
Further reading
Ch.2 The System of International Responsibility
Preliminary Material
1 The law of international responsibility
2 Issues of classification and characterization
(a) Responsibility under international or national law?
(b) The typology of State responsibility
(c) The notion of 'damage' and the invocation of responsibility
3 Conclusions
Further reading
Ch.3 Primary and Secondary Rules
Preliminary Material
1 An essentially technical distinction
2 A sometimes artificial distinction
Further reading
Part II International Responsibility—Development and Relation with Other Laws
Ch.4 The Development of the Law of Responsibility Through the Case Law
Preliminary Material
1 The importance of case law in the development of the international law of responsibility
(a) Raison d'être
(b) Evolution of the case law
(c) Difficulties in interpreting the case law
2 The ILC's use of case law in codifying the law on international responsibility
(a) Formal references to the international case law in the ILC project
(b) The scope of the case law used
3 Conclusion
Further reading
Ch.5 Doctrines of State Responsibility
Preliminary Material
Further reading
Ch.6 Private Codification Efforts
Preliminary Material
1 Overview
2 Private drafts limited in scope to particular topics
(a) Drafts prior to the ILC codification
(b) The increase in private initiatives generated by codification
3 Private drafts codifying the law on responsibility of international organizations
4 Assessing the impact of the private drafts on the process of codification
5 Attempting a summary
Further reading
Ch.7 The Hague Conference of 1930
Preliminary Material
1 The Hague Conference: a first attempt at codifying the law of responsibility
(a) The object of codification: a daring choice
(b) The chaotic organization of the codification work
2 Assessment of the Hague Conference in relation to State responsibility
(a) Agreement on certain rules of international law
(b) Legal grey areas requiring further clarification
Further reading
Ch.8 The Work of García Amador on State Responsibility for Injury Caused to Aliens
Preliminary Material
1 The limited approach and content of García Amador's draft articles
(a) Choosing a particular aspect of responsibility
(b) Principles governing State responsibility for damage caused to foreigners
2 Criticisms and rejection of García Amador's draft
(a) Criticisms concerning the place accorded to the individual
(b) An unsuitable approach to codification
Further reading
Ch.9 The ILC's Articles on State Responsibility for Internationally Wrongful Acts and Related Texts
Preliminary Material
1 The Articles on State Responsibility for Internationally Wrongful Acts
(a) The 'Ago revolution'
(b) Adoption of the draft at the first reading
(c) The definitive adoption of the Articles in 2001
(d) The form of the articles
2 The extension of the Articles on Responsibility—Diplomatic Protection and Responsibility of International Organizations
(a) The Draft Articles on Diplomatic Protection (2006)
(b) The Draft Articles on Responsibility of International Organizations
Further reading
Ch.10 Liability for Injurious Consequences of Acts Not Prohibited by International Law
Preliminary Material
1 The development of the topic
2 A rationale for liability principles?
3 The ILC's 2006 Liability Principles
4 The core principle: prompt, adequate, and effective compensation?
5 Conclusions
Further reading
Ch.11 The Law of Responsibility and the Law of Treaties
Preliminary Material
1 The law of treaties and wrongfulness
2 The law of treaties and reparation
(a) Reparation and violation of a treaty
(b) Reparation and conclusion of the treaty
3 Law of treaties and countermeasures
(a) The principle
(b) The exceptions
(i) Obligations arising from peremptory norms of general international law (jus cogens)
(ii) Diplomatic or consular inviolability and the settlement of disputes
(iii) A contrary convention
(iv) Article 60 of the Vienna Convention on the Law of Treaties
Further reading
Ch.12 Responsibility and the United Nations Charter
Preliminary Material
1 Introduction
2 The Articles on State Responsibility and the UN Charter
(a) The safeguard clause of article 59
(i) Antecedents of article 59: the enlisting of Charter mechanisms
(ii) Article 59: the exclusion of Charter mechanisms from the scope of the Articles
(b) The Articles on State Responsibility and breaches of Charter obligations
(i) The elements of an internationally wrongful act and breaches of Charter obligations
(ii) Relevance of the Articles to the legal consequences of a breach of Charter obligations
3 The Charter provisions for peace maintenance: a special regime of responsibility?
(a) The ILC's approach to the Charter regime
(i) The ILC debate over collective measures as a form of responsibility
(ii) Sanctions in the framework of State responsibility
(b) Collective security and State responsibility
(i) Chapter VII mechanisms as sanctions
(ii) The practice of the Security Council and issues of State responsibility
(iii) Security Council measures and permutations in the concept of sanctions
(iv) Limits to the competence of the Security Council and the general rules of State responsibility
Further reading
Ch.13 Leges Speciales and Self-Contained Regimes
Preliminary Material
1 The lex specialis principle and so-called 'self-contained regimes'
(a) The lex specialis principle
(b) The problem of 'specialty' of norms
(c) Definitions of self-contained regimes
(i) The two major precedents before the world court
(ii) A proposal for a more uniform terminology
(iii) The position of the ILC in its work on State responsibility
(d) Self-contained regimes: a systematic critique
(i) The inconclusiveness of treaty interpretation
(ii) Leges speciales in a unified legal order
(iii) Self-contained regimes in a fragmented legal order
(iv) Fallback to the general law of State responsibility
2 Case studies: special regimes and the 'fallback' to State responsibility
(a) Diplomatic law
(b) The European Community legal system
(c) The WTO system
(d) Treaties for the protection of human rights
Further reading
Ch.14 The Concept of 'Soft Responsibility'?
Preliminary Material
1 Responsibility versus liability?
2 'Soft law' and 'soft responsibility'
3 Soft responsibility vis-à-vis international responsibility
Further reading
Ch.15 Relations between the International Law of Responsibility and Responsibility in Municipal Law
Preliminary Material
1 Introduction
2 The principle and its implications
(a) Statement of the principle
(b) First implication: responsibility of the State for acts of its organs in excess of their authority
(c) Second implication: impossibility to invoke domestic law to limit implementation of the reparation owed by the responsible State
3 A well-established practice
(a) Historical sanctioning of the principle in case law
(b) Contemporary formulation of the principle
4 Mitigation of the principle: domestic law at the service of implementation of the international law of State responsibility
(a) Determination of the character of State organ
(b) Determination of an entity as 'exercising elements of governmental authority'
(c) Determination of the character of an organ placed at the disposal of a State by another State
5 Conclusion
Further reading
Part III The Sources of International Responsibility
Ch.16 Overview of Part One of the Articles on State Responsibility
Ch.17 The Elements of An Internationally Wrongful Act
Preliminary Material
1 The internationally wrongful act of a subject of international law: the sole constituent element of international responsibility
(a) The traditional conception
(b) The current conception
2 The constituent elements of an internationally wrongful act committed by a subject of international law
(a) The necessary conjunction of two elements
(b) The order of the two elements
3 The question of attribution
(a) Organs of the State and persons or entities exercising elements of governmental authority
(b) Persons and entities acting on behalf of the State
(c) Attributable acts: actions and omissions
4 The breach of an international obligation
(a) The abandonment of the idea of fault
(b) The existence of a breach of an international obligation
(c) The extension in time of a breach of an international obligation
(d) Circumstances precluding wrongfulness
Further reading
Ch.18 The Rules of Attribution: General Considerations
Preliminary Material
1 Introduction
2 Attribution and State responsibility for internationally wrongful acts
(a) The significance of attribution in the theory and practice of international responsibility
(b) The rules of attribution as secondary rules of international responsibility
(c) The normative approach to attribution and its implications
(d) The different bases of attribution of conduct to a State under international law and the role of the domestic law of the State
(e) Attribution or imputation? Some remarks on terminology
3 Attribution of conduct to the State as a preliminary question in the context of the criminal responsibility of individuals and the distinction between international and non-international armed conflicts
Further reading
Ch.19.1 Attribution of Conduct to the State: State Organs and Entities Empowered to Exercise Elements of Governmental Authority
Preliminary Material
1 State organs
(a) Organs that pertain to the structure of the State
(b) Organs of territorial communities that are subordinate to the State
(c) 'De facto' organs
2 Entities empowered to exercise elements of governmental authority
(a) The identification of entities exercising prerogatives of public power
(b) The attribution of acts by entities exercising powers of the public prerogative to the State in international case law
Further reading
Ch.19.2 Attribution of Conduct to the State: Insurrectional Movements
Preliminary Material
1 Success of the insurrectional movement
(a) Attribution to the State of the conduct of the movement
(b) Irrelevance of the international personality of the movement
2 Defeat of the insurrectional movement
(a) Non-attribution of the movement's conduct to the State
(b) The exceptional responsibility of the insurrectional movement
Further reading
Ch.19.3 Attribution of Conduct to the State: Private Individuals
Preliminary Material
1 The rule of non-attribution of the conduct of private persons to the State
(a) The exposition of the rule
(b) The scope of the rule
2 The attribution to the State of conducts of private person linked to the activity of the State
(a) Control of the State: the de facto organ (ARSIWA, article 8)
(b) The use of public power in the absence or default of the State (ARSIWA, article 9)
(c) A posteriori endorsement of conduct by a State (ARSIWA, article 11)
3 'Catalysis' of international State responsibility for conducts of private persons
(a) Rejection of the theory of complicity
(b) Responsibility of the State for its own act
Further reading
Ch.20 Attribution of Conduct to Multiple States and the Implication of a State in the Act of Another State
Preliminary Material
1 Plurality of States jointly responsible
(a) States which are co-authors of an internationally wrongful act
(i) Joint action
(ii) Action through a joint organ
(iii) Other situations
(b) Plurality of responsible States for different breaches
(i) Responsibility for the act of another State
(ii) Legal consequences
2 The implication of a State in the act of another State
(a) General points
(b) Aid or assistance in the commission of the internationally wrongful act
(c) Direction and control in the commission of an internationally wrongful act
(d) Coercion exercised over another State
3 Conclusion
Further reading
Ch.21 State Succession and Responsibility
Preliminary Material
1 Introduction
2 Earlier practice and doctrine
3 Difficulties in relying on earlier practice and doctrine
Further reading
Ch.22 The Attribution of Acts to International Organizations
Preliminary Material
1 Attribution to the organization itself
(a) Definitions of organ and agent
(i) Formal organic ties or control as elements of attribution
(ii) Non-attribution to an international organization in the absence of an organic link or control
(b) The exercise of official functions
(i) Acts in excess of authority
(ii) Conduct of agents acting entirely without reference to their official functions
2 Joint or parallel attribution of wrongful acts to the organization and to its members
(a) The member State as co-author of the organization's wrongful act
(b) The member State as an accomplice in the organization's wrongful act
(c) Control of a member State over the activities of an organization
(d) Failure of due diligence by member States in relation to acts of an organization
Further reading
Ch.23.1 The Responsibility of Other Entities: Private Individuals
Preliminary Material
1 International responsibility of private individuals stricto sensu
(a) The individual as a subject of international law
(b) Individual responsibility according to the law of international organizations
(c) Responsibility for international crimes
(d) Responsibility for human rights violations
2 Civil responsibility pursuant to conventional regimes
(a) The domain of nuclear energy
(b) The domain of the environment
3 Responsibilty pursuant to national law, based on a breach of international law
4 'Soft law'
Further reading
Ch.23.2 The Responsibility of Other Entities: Armed Bands and Criminal Groups
Preliminary Material
1 Situations already regulated by the law of international responsibility
(a) Groups acting as de facto organs of the State
(b) Groups constituting insurrectional movements
(c) Groups exercising elements of governmental authority
2 Emergence of international responsibility of armed bands and criminal groups
(a) Justifications for the emergence of international responsibility of armed bands and criminal groups
(b) Manifestations of the emergence of international responsibility of armed bands and criminal groups
Further reading
Ch.23.3 The Responsibility of Other Entities: Non-Governmental Organizations
Preliminary Material
1 State responsibility and NGOs
(a) Introduction
(b) State responsibility and NGOs
(c) The composite legal status of NGOs
2 The obligations of NGOs under international law
(a) Treaties and other international instruments
(b) Obligations of NGOs in co-operation with intergovernmental organizations
(c) Codes of conduct
3 The international responsibility of NGOs
Further reading
Ch.24 Actions and Omissions
Preliminary Material
1 The action/omission distinction
(a) Definition of internationally wrongful actions and omissions in international law
(b) Relevance of the distinction
2 The consequences of the action/omission distinction
(a) The limited consequence of the distinction
(b) Use of the distinction as regards the content of international responsibility
Further reading
Ch.25 Source of the Obligation
Preliminary Material
1 The source of obligation and the establishment of State responsibility
2 The source of obligation and the scope and content of responsibility incurred
3 Concluding remarks
Further reading
Ch.26 Content of the Obligation: Obligations of Means and Obligations Of Result
Preliminary Material
1 Distinction between international obligations based on the character of the obligation
(a) Distinction between obligations based on their origin or source
(b) Positive and negative obligations
(c) Obligations of prevention and obligations of repression
2 Distinction between international obligations based on their scope
(a) The traditional meaning of obligations of means/conduct and obligations of result
(b) The proposals of Special Rapporteur Ago
(c) The silence of the final draft of the ILC
(i) The significance of the silence of the ILC
(ii) The utility of the distinction
(iii) The distribution of obligations of conduct and obligations of result
(iv) Evolution of the distinction
Further reading
Ch.27 Duration of the Breach
Preliminary Material
1 The instantaneous, or rather the completed, act
2 The continuing act
3 The international obligation to prevent a given event
4 The composite or global act of the State
5 The complex act of the State
Further reading
Ch.28 Relevance of the Intertemporal Law
Preliminary Material
1 Existence of 'an international obligation in force for a State'
2 The impact of jus cogens norms
3 Some conclusions
Further reading
Ch.29 International Crimes of States
Preliminary Material
1 Introduction
2 International crimes in the ILC's Draft Articles
(a) Historical overview
(b) Debate on the consequences of an international crime
(c) Substitution of the 'serious breaches' regime
(d) Subsequent consideration of the issue by the ICJ
3 A future for international crimes of States?
Further reading
Ch.30 The Character of the Violated Obligation
Preliminary Material
1 Article 40(1) of the ILC Articles compared with Ago's draft article 19
2 A three-tiered class of obligations in the ILC Articles
3 Erga omnes obligations and obligations deriving from jus cogens norms overlap and indeed coincide
4 State practice does not support the distinction between the two sets of consequences drawn by the ILC
5 State practice does not support a rigid distinction between two sets of reaction by third States
6 Serious breaches of international obligations protecting values fundamental for the whole international community entail in principle the same legal consequences
Further reading
Ch.31 The Character of the Breach
Preliminary Material
1 Introduction
2 Seriousness of the breach in Ago's proposal for international crimes
3 Ambiguity of the requirement of a 'serious' breach in article 19
4 The 'seriousness' of the breach in the 2001 Articles
Further reading
Ch.32 The Notion of Circumstances Precluding Wrongfulness
Preliminary Material
1 A heterogeneous content
(a) A controversial choice
(b) An open choice
2 An equivocal notion
(a) A divided doctrinal justification
(b) A recurring doctrinal challenge
Further reading
Ch.33.1 Circumstances Precluding Wrongfulness in the ILC Articles On State Responsibility: Consent
Preliminary Material
1 Valid consent
(a) Valid consent according to the Vienna Convention on the Law of Treaties
(i) Consent not invalidated by fault
(ii) Consent attributable to the State on the international level
(b) Consent given a priori and within the limits of the will of the State
(i) Consent given a priori
(ii) Behaviour within the limits of the consent of the State
2 The effects of consent
(a) Consent precludes the wrongfulness of the act, but the primary norm continues to exist
(b) Consent without effect with regard to jus cogens norms
Further reading
Ch.33.2 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Compliance with Peremptory Norms
Preliminary Material
1 Compliance with peremptory norms as a circumstance precluding wrongfulness
2 Compliance with peremptory norms prevailing over circumstances precluding wrongfulness
Further reading
Ch.33.3 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Self-Defence
Preliminary Material
1 The place of self-defence in the law of State responsibility for unlawful acts
(a) Normative sources of the 'excuse' of self-defence
(b) The double character of self-defence: subjective right and circumstance precluding wrongfulness
(i) The 'right' of self-defence
(ii) Self-defence as a 'circumstance precluding wrongfulness'
2 Implementation of the legal framework of the excuse of self-defence
(a) The conditions of admissibility of the excuse of self-defence
(i) Conformity with the Charter of the United Nations
(ii) The character of the victim of the action in self-defence
(b) The lawfulness of the measures of self-defence
Further reading
Ch.33.4 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Countermeasures
Preliminary Material
1 The controversy over countermeasures as a circumstance precluding wrongfulness
2 Practice in support of countermeasures as a circumstance precluding wrongfulness
Further reading
Ch.33.5 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Force Majeure
Preliminary Material
1 The characteristics of the situation of force majeure
(a) Abandonment of the distinction between fortuitous event and force majeure
(b) Constitutive elements of force majeure: unpredictability, irresistibility, and externality
2 The consequences of force majeure
(a) Limitation of force majeure to material impossibility of performance
(b) Exclusion of economic impossibility of performance
Further reading
Ch.33.6 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Distress
Preliminary Material
1 The autonomy of the notion of distress
(a) The conditions for the invocation of distress
(b) Distress, force majeure, and necessity
2 A wide conception of distress: the reservations
(a) The classical cases of distress
(b) Distress and elementary considerations of humanity
(i) Distress and intervention for the protection of nationals
(ii) Distress and humanitarian assistance
Further reading
Ch.33.7 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Necessity
Preliminary Material
1 Controversies
2 The ILC's domestication of necessity
(a) Necessity and other circumstances precluding wrongfulness
(b) Content of the exception
3 Concluding remarks: some recent necessity cases
Further reading
Ch.34 The Concept of Liability in The Absence of an Internationally Wrongful Act
Preliminary Material
1 The utility of a specific regime: objective liability
(a) History
(b) The aim of objective liability
(c) The scope of application of objective liability
2 The search for a customary legal regime of objective liability
(a) The interest of a legal regime
(b) The difficulties of establishing such a regime
(c) The principles of a regime of objective liability
(i) Harm
(ii) Reparation
(iii) Causation
(iv) Defences
(v) Attribution
(vi) The place of prevention in objective liability
(d) The domain of treaty-based regimes
3 Conclusions
Further reading
Ch.35 Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law
Further reading
Ch.36 Obligations of Prevention and the Precautionary Principle
Preliminary Material
1 Obligations of prevention in international law
(a) Obligations of prevention in the framework of State responsibility for internationally wrongful acts
(b) Obligations of prevention in the framework of activities not prohibited by international law
(c) Challenges and the insufficiencies of the regimes of prevention
2 The precautionary approach and precautionary principle in international law: the absence of scientific certainty
(a) Origins of the legal concept of precaution
(i) Origins at the domestic level
(ii) Origins at the international level
(b) Formulation in international environmental law instruments
(i) Universal instruments
(ii) European law
(iii) Comparison of the texts: common points
(c) Legal status of the precautionary principle
3 Conclusion
Further reading
Part IV The Content of International Responsibility
Ch.37 Overview of Part Two of the Articles on State Responsibility
Ch.38 The Obligation of Cessation
Preliminary Material
1 A general principle of respect of the rule of law
2 A limited scope of application to cases of continuing unlawful acts
3 Legal regime of the obligation of cessation
Further reading
Ch.39 Assurances and Guarantees of Non-Repetition
Preliminary Material
1 Guarantees of non-repetition as the legal consequence of internationally wrongful acts
(a) The obligation of the responsible State to offer guarantees of non-repetition
(b) An autonomous consequence of the internationally wrongful act
2 The legal regime of guarantees of non-repetition
(a) Circumstances requiring an offer of guarantees of non-repetition
(b) The form of guarantees of non-repetition
Further reading
Ch.40 The Obligation to Make Reparation
Preliminary Material
1 Affirmation of the reparation principle
2 Reparation in the Articles on State Responsibility
(a) The principles
(i) The content of the obligation to make reparation
(ii) The beneficiary of the obligation to make reparation
(b) The undiscoverable difference between injury and damage
(c) The ghost of causation
Further reading
Ch.41 Interaction between the Forms of Reparation
Preliminary Material
1 Interaction based on the search for the common intention of the parties
2 Interaction based on general international law
Further reading
Ch.42.1 The Different Forms of Reparation: Restitution
Preliminary Material
1 The 'primacy' of restitution and the ILC's approach
2 The relation between restitution and cessation
3 Material and legal restitution
4 Choice of the injured State
5 Special regimes of reparation
6 Recent requests for restitution
7 Limits on restitution
Further reading
Ch.42.2 The Different Forms of Reparation: Compensation
Preliminary Material
1 Introduction
2 The full reparation principle
3 Burden and standard of proof
4 The emergence of practical compensation doctrines
5 The measure of compensation
(a) Inter-State claims
(b) Individual claims for personal injury
(c) Claims for incidental losses
(d) Debt claims
(e) Property claims
(f) Business and income-producing assets
(g) Lost profits
(h) The relationship between capital, earnings, and interest
5 Policy implications of valuations
6 Conclusion
Further reading
Ch.42.3 The Different Forms of Reparation: Interest
Preliminary Material
1 Jurisdiction to award interest and general considerations
2 The distinction between pre-award and post-award interest
3 The period for which interest is payable
4 Compound interest versus simple interest
5 The rate of interest
6 Conclusion
Further reading
Ch.42.4 The Different Forms of Reparation: Satisfaction
Preliminary Material
1 Satisfaction and 'injury'
(a) The 'classic' conception
(b) The 'positivist' conception
(c) The modern conception
(d) Satisfaction and indirect injury to the State
2 Forms of satisfaction
(a) Established forms of satisfaction
(i) Apologies and statements of regret
(ii) Punishment of responsible persons
(iii) Monetary compensation
(iv) Declaration of wrongfulness
(v) Other forms of satisfaction
(b) Outmoded forms of satisfaction
(c) Links with other consequences of internationally wrongful acts
3 Satisfaction and disputes relating to responsibility
(a) Diplomatic and jurisdictional practice
(b) Limits upon satisfaction
Further reading
Ch.43 Contribution to the Injury
Preliminary Material
1 The conduct of the victim and the law of international responsibility
2 Contribution to the injury and determination of the reparation
Further reading
Ch.44 Division of Reparation between Responsible Entities
Preliminary Material
1 Concepts, categories, and interests
2 Areas in which the division of reparation is relevant
(a) Responsibility of States
(i) The types of wrongful conduct
(ii) The requirement of shared wrongfulness
3 Responsibility for actions of international organizations
4 Practical aspects of the division of reparation
(a) Responsibility of States
(b) Responsibility to and of international organizations
(c) Procedural aspects: the Monetary Gold principle
5 Conclusions
Further reading
Ch.45 Punitive Damages
Preliminary Material
1 The notion of punitive damages
(a) Municipal law
(b) International law
2 International practice
(a) Diplomatic practice
(b) Early cases
(c) Modern cases
3 The work of the ILC on the topic
(a) Treatment of punitive damages during the first reading
(b) The issue of punitive damages during the second reading
4 Conclusions
Further reading
Ch.46 The Obligation of Non-Recognition of an Unlawful Situation
Preliminary Material
1 Introduction
2 The obligation of non-recognition: beyond forcible territorial acquisition?
(a) The leading examples in practice
(b) Assessment of practice
3 The content of the obligation of non-recognition
4 Concluding observations
Further reading
Ch.47 The Obligation of Non-Assistance to the Responsible State
Preliminary Material
1 Introduction
2 Evolution of the obligation in the work of the ILC
3 Basis for the obligation in international law
4 Relationship with other Articles and the international community
5 Conclusion
Further reading
Ch.48 The Obligation of Cooperation
Preliminary Material
1 Introduction
2 The obligation to cooperate in the Articles on State Responsibility
3 The significance of the shift in emphasis
4 Relationship between the obligation to cooperate and the other Articles
5 Basis for the obligation in international law
6 Solidarity and neutrality
7 Conclusion
Further reading
Ch.49 International Criminal Responsibility of the State
Preliminary Material
1 Responsibility and punishment in international law
(a) Civil law aspects and punitive attributes of State responsibility
(b) 'Sanctions' in international law: between coercion, reparation, and repression
2 Criminal responsibility and the international legal order
Further reading
Ch.50 The 'Transparency' of the State
Preliminary Material
1 Introduction
2 International prosecutions
(a) The creation of international criminal tribunals
(b) The evolution of the responsibility relationship
3 Prosecution before a foreign judge
(a) Justifications for denying State immunity in case of international crimes
(b) Limits on decentralized prosecutions
Further reading
Ch.51.1 Responsibility for Violations of Human Rights Obligations: International Mechanisms
Preliminary Material
1 Introduction
2 The requirement of State action for a breach of human rights
3 The standard of due diligence
4 Territorial scope of protection
5 'Human rightism': some reflections
Further reading
Ch.51.2 Responsibility for Violations of Human Rights Obligations: Inter-American Mechanisms
Preliminary Material
1 Inter-American State responsibility
(a) The conditions for State responsibility in the Inter-American system
(i) Violation of an Inter-American obligation
(ii) Attribution of conduct which violates an Inter-American obligation to a State
(iii) Harm resulting from the relevant conduct
(b) The content of Inter-American responsibility
(i) The obligation to make reparation for the harmful consequences of an internationally wrongful act
(ii) Modalities of implementation: the relevance of traditional solutions
2 The implementation of Inter-American State responsibility
(a) Establishing Inter-American responsibility
(i) The objective and exclusive character of Inter-American responsibility
(ii) Mechanisms for the establishment of Inter-American responsibility
(iii) Causes of action alleging responsibility
(b) The consequences attaching to the establishment of Inter-American responsibility
(i) Moves beyond classical solutions
(ii) Moves away from classical solutions
Further reading
Ch.51.3 Responsibility for Violations of Human Rights Obligations: European Mechanisms
Preliminary Material
1 Responsibility of States under the European Convention on Human Rights
(a) The notion of the breach of rights and freedoms of the Convention
(b) The notion of 'jurisdiction' of defendant States and the problems of extra-territorial responsibility
(c) Individual applications to the European Court of Human Rights
(d) Consequences of the responsibility of States: just satisfaction and other forms of execution of the judgments of the Court
(e) The devices resorted to by States to limit their responsibility: reservations, derogations, and immunities
2 Responsibility of States under the revised European Social Charter
Further reading
Ch.51.4 Responsibility for Violations of Human Rights Obligations: African Mechanisms
Preliminary Material
1 The mechanisms of protection
(a) Non-judicial protection: the African Commission on Human and Peoples' Rights
(i) Organization of the African Commission
(ii) The system of communications
(b) Judicial protection: the African Court on Human and Peoples' Rights
(i) Organization of the African Court
(ii) Functioning of the African Court
2 The implementation of protection of human rights in the African system
(a) Admissibility
(b) Examination of the merits of communications
Further reading
Ch.52 Responsibility and the World Trade Organization
Preliminary Material
1 Introduction
2 Elements of WTO responsibility
(a) Attribution to WTO Members
(b) The WTO system of remedies
3 Conclusion
Further reading
Ch.53 Responsibility and International Environmental Law
Preliminary Material
1 From responsibility for a wrongful act to objective responsibility
(a) The consolidation of State responsibility for breach of obligations of prevention
(i) The 'traditional' responsibility of the State
(ii) The role of the new 'principles'
(b) Facilitating reparation through objective responsibility
(i) The characteristics of the regime of objective responsibility
(ii) Difficulties in the identification of environmental damage
2 New forms of responsibility in the framework of environmental law
(a) The appearance of new forms of responsibility
(i) The need for new regimes of responsibility for new types of damage
(ii) The founding regime: the 'non-compliance' procedure of the Montreal Protocol
(b) The criminalization of damage to the environment
(i) The establishment of war crimes against the environment
(ii) The emergence of a State 'crime' against the environment?
Further reading
Ch.54.1 Other Specific Regimes of Responsibility: Investment Treaty Arbitration and ICSID
Preliminary Material
1 The International Centre for the Settlement of Investment Disputes
2 The State/State and investor/State regimes distinguished
(a) The State/State regime of international responsibility
(b) The investor/State regime of international responsibility
3 The notion of a 'sub-system' of State responsibility
(a) Content of the sub-system of responsibility under the ICSID Convention
(b) Non-applicability of inter-State rules for invocation of responsibility
(c) Partial applicability of inter-State forms of reparation for injury
(d) The law applicable to the substance of the investment dispute
(e) The law applicable to the tribunal's procedure
Further reading
Ch.54.2 Other Specific Regimes of Responsibility: The Iran-US Claims Tribunal
Preliminary Material
1 A special mechanism for international responsibility
(a) The specificity of the claims mechanism
(b) The limited content of the claims
2 The engagement and content of responsibility
(a) The internationally wrongful act and its attribution
(b) Compensation as a consequence of the internationally wrongful act
Further reading
Ch.54.3 Other Specific Regimes of Responsibility: The UN Compensation Commission
Preliminary Material
1 Origin and legal basis
2 Structure of the UNCC
3 Procedure
4 Claimants
5 Competence ratione materiae
6 Compensable loss—an outline
Further reading
Ch.55 Responsibility in the Context of the European Union Legal Order
Preliminary Material
1 The responsibility of private persons
2 The responsibility of member States
3 The contractual responsibility of the Community
4 The non-contractual responsibility of the Community
(a) Attribution to the Community
(b) Responsibility for wrongful acts
(i) The wrongful act
(ii) The damage
(iii) The causal link
(c) Responsibility for the lawful acts
5 Invoking Community responsibility before the Court
Further reading
Ch.56 The 'Polluter Pays' Principle
Preliminary Material
1 The legal value of the 'polluter pays' principle
2 Implementation of the 'polluter pays' principle
Further reading
Ch.57 Reparation in the Event of a Circumstance Precluding Wrongfulness
Preliminary Material
1 Legal basis for a potential obligation to make reparation where circumstances preclude wrongfulness
2 Categories of circumstances precluding wrongfulness to which a (potential) obligation to make reparation could be connected
Further reading
Ch.58 Maritime Law
Preliminary Material
1 The main international conventions establishing a principle of strict liability
(a) The legal framework for accidental pollution by oil
(i) Accidental oil pollution
(ii) Pollution by bunker oil
(b) Strict liability extended to the transport of hazardous and noxious substances
(c) Transport of passengers and the move to strict liability
2 The regime of strict liability
(a) Limitation of responsibility: perils of the sea, heritage of classical maritime law
(b) The obligation of insurance and the establishment of complementary compensation funds
Further reading
Ch.59 Space Law
Preliminary Material
1 The principles of responsibility
(a) Definition of the responsible agent
(b) Definition of the reparable damage
(i) Definition of space objects
(ii) Definition and extent of compensable damage
(iii) Definition of the reparation payable
2 The implementation of responsibility
(a) The claim for reparation
(b) The modalities for performing reparation
(c) The settlement of disputes relating to reparation
Further reading
Ch.60 Nuclear Energy
Preliminary Material
1 The general framework of 'third party nuclear liability'
(a) The principles of third party nuclear liability
(b) The main existing agreements and their evolution
(i) The Paris/Brussels system
(ii) The Vienna system
(iii) Joint Protocol on the application of the Vienna Convention and the Paris Convention
(iv) The future of the Conventions
(c) Two particular Conventions
(i) The Convention on the Liability of Operators of Nuclear Ships
(ii) The Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material
2 The fundamental provisions of the conventional third party nuclear liability
(a) Field of application
(i) Field of geographical application
(ii) Field of technical application
(b) Nuclear damage
(c) Nature and canalization of the liability
(d) The liability limit
(i) The Paris Convention and its revised version
(ii) The Vienna Convention and the Amending Protocol
(iii) The Supplementary Convention, its revised version, and the CSC
(e) Liability coverage
(f) The priority given to certain victims
(g) Prescription for compensation requests
(h) Jurisdiction
(i) Settlement of disputes
Further reading
Part V The Implementation of International Responsibility
Ch.61 Overview of Part Three of the Articles on State Responsibility
Preliminary Material
1 The place of implementation in the law of international responsibility
2 Implementation of State responsibility: Part Three of the ILC Articles
(a) Invocation of responsibility: injured States and obligations owed to the international community as a whole
(b) Forms of reparation available to injured and other States
(c) Countermeasures
3 Implementation of the international responsibility of non-State actors
4 Conclusions
Ch.62 The Concept of an Injured State
Preliminary Material
1 The nature of the legal position corresponding to the obligations of the responsible State
2 The identification of States injured in the sense of article 42 ARSIWA
(a) The breach of a bilateral obligation
(b) The breach of integral obligations
(c) The breach of a multilateral obligation which specially affects one State
Further reading
Ch.63 Plurality of Injured States
Preliminary Material
1 Wrongful acts giving rise to a plurality of injured States
(a) Nature and scope of the obligation breached
(b) Identification of the injured States
2 Invocation and content of responsibility in case of a plurality of injured States
(a) Unilateralism versus solidarity in establishing responsibility
(b) Determining the content of the claim (reclamation)
3 Plurality of injured States and the taking of countermeasures
Further reading
Ch.64 States having an Interest in Compliance with the Obligation Breached
Preliminary Material
1 Breach of erga omnes and erga omnes partes obligations
2 The legal position of States other than the injured State in cases of breach of obligations owed to them
Further reading
Ch.65 Succession of States in Respect of Rights of an Injured State
Further reading
Ch.66 Invocation of Responsibility by International Organizations
Preliminary Material
1 The injured international organization
(a) Injury to an international organization
(b) Invocation of responsibility by an injured international organization
2 Invocation of responsibility by an international organization which is not injured
(a) The interest of an international organization in respect for the breached obligation
(i) Membership of a group to whom the obligation is owed
(ii) Membership of the international community as a whole
(b) The consequences of international organization having an interest in respect for the breached obligation
Further reading
Ch.67 Individuals
Preliminary Material
1 Protection of foreigners
2 The protection of individuals through human rights
(a) Conventional regimes
(b) General international law
3 Protection of the individual in specialized treaty systems
(a) The European Community
(b) The ICSID Convention
4 Mixed regimes: reparation under national law
Further reading
Ch.68 Peoples and Minorities
Preliminary Material
1 Peoples and minorities: simple beneficiaries of rights
(a) The rights recognized to peoples and minorities
(b) The limited legal capacity of injured peoples and minorities
2 An actio popularis by States on behalf of injured peoples?
(a) The peremptory character of the norms for the protection of peoples
(b) Towards actio popularis by States on behalf of peoples and minorities
(i) Institutionalized State action
(ii) Decentralized State action
Further reading
Ch.69 Injuries to Corporations
Preliminary Material
1 Introduction
2 The basic rule
(a) The company's national State should claim
(b) Determining the nationality of a company
3 The limits of the basic rule
(a) The scope of the basic rule
(b) Exceptions to the basic rule
4 Distinguishing the company's rights from shareholders' rights
5 The question of minority shareholders
6 The problem of corporate groups
7 Continuous nationality and the assignment of actions
Further reading
Ch.70 The International Community as a Whole
Preliminary Material
1 The recognition of collective interests
2 Implementation of responsibility for serious breaches of obligations owed to the international community as a whole
(a) The non-implementation of responsibility by international organizations
(b) The implementation of responsibility by States
Further reading
Ch.71 Notice of Claim by an Injured State
Preliminary Material
1 Introduction
2 A flexible notice requirement
3 Specifying the content of cessation
4 Election of the form of reparation
5 Conclusion
Further reading
Ch.72 Waiver, Acquiescence, and Extinctive Prescription
Preliminary Material
1 Introduction
2 Waiver
(a) General remarks
(b) Requirements for waiver
(i) A declaration
(ii) By the competent authorities
(iii) Disposability
(iv) After the breach
(v) Absence of grounds for invalidity
(vi) Limits on freedom to waive
3 Acquiescence
(a) General remarks
(b) Conduct amounting to acquiescence
(c) Relation to other concepts
4 Extinctive prescription
(a) General remarks
(b) Relation to acquiescence and estoppel
5 Concluding remarks
Further reading
Ch.73 Diplomatic Protection
Preliminary Material
1 The notion of diplomatic protection
2 The requirement of nationality
(a) The effective link doctrine
(b) Dual and multiple nationality
(c) Nationality of corporations and shareholders
(d) Continuous nationality
3 The exhaustion of local remedies
(a) The general principle
(b) The 'futility' or 'ineffectiveness' exception
(c) Unreasonable delay
(d) Lack of connection with the respondent State
(e) Preclusion from pursuing local remedies
(f) Waiver
4 The implementation of diplomatic protection
5 Diplomatic protection and human rights
Further reading
Ch.74 Functional Protection
Preliminary Material
1 The concept of functional protection
(a) Functional protection, a consequence of the international legal personality of the international organization
(i) The legal foundations of functional protection
(ii) The rights guaranteed by functional protection
(b) Functional protection, a specific protection for the international agent
(i) Functional protection and diplomatic protection
(ii) Functional protection and privileges and immunities
2 The implementation of functional protection
(a) The conditions for implementation
(i) Conditions ratione personae
(ii) Conditions ratione materiae
(b) The modalities of implementation
(i) The procedure
(ii) The concurrent implementation of diplomatic protection and functional protection
Further reading
Ch.75 The Diplomatic Channel
Preliminary Material
1 The character and conduct of negotiations
(a) Characteristics of negotiations
(b) The advantages and disadvantages of negotiations
(c) The role of international law in negotiations
2 When States negotiate
(a) Duties to negotiate
(b) The relationship of negotiations to other means of dispute resolution
3 The link between negotiations and State responsibility
(a) Negotiating compensation
(b) The effect of negotiations on State responsibility
3 Conclusion
Further reading
Ch.76 Conciliation and Other Forms of Non-Binding Third Party Dispute Settlement
Preliminary Material
1 Conciliation as a method of dispute resolution capable of addressing issues of international responsibility
(a) A method designed to resolve any possible dispute
(b) A far from common practice
2 The weak relationship between conciliation and international responsibility
(a) Conciliation as a forum for finding compromise solutions
(b) The ambiguous role of the law in the conciliation procedure
Further reading
Ch.77 Arbitration
Preliminary Material
1 The arbitration clause adopted on first reading: an ambitious clause
(a) The scope of the clause
(i) The scope of application of Part Three
(ii) Systematization of the contentious dimension of responsibility
(b) 'Jurisdictionalization' of the settlement of disputes relating to responsibility
(i) Optional and mandatory arbitration in draft article 58
(ii) The arbitral procedure as a guarantee of effectiveness
2 The absence of arbitration in the 2001 Articles: a reaffirmation of consensualism
(a) Arbitration and countermeasures
(b) Criticism by Governments relating to Part Three
(c) The form of the draft
Further reading
Ch.78 Resort to International Courts in Matters of Responsibility
Preliminary Material
1 The jurisdiction ratione materiae of international courts and responsibility
(a) Statutory jurisdiction
(i) The International Court of Justice
(ii) The International Tribunal for the Law of the Sea
(b) Grants of jurisdiction
(i) Conventional grant of jurisdiction
(ii) Concordance of unilateral declarations
2 The subjects of dispute settlement and its function
(a) Subjects as parties
(i) The International Court of Justice
(ii) The International Tribunal for the Law of the Sea
(b) The function of international adjudication in responsibility cases
(i) Determining the function of the rules on responsibility
(ii) Guarantees against irreparable injury
Further reading
Ch.79 The Definition of Countermeasures
Preliminary Material
1 The unilateral character of countermeasures
2 Pacific character of countermeasures (countermeasures and reprisals)
3 Intrinsic unlawfulness of countermeasures (countermeasures and retorsion)
4 Countermeasures and the challenge of treaties (countermeasures and reciprocity)
5 State control of countermeasures (countermeasures and sanctions)
Further reading
Ch.80 Countermeasures in Response to Grave Violations of Obligations Owed to the International Community
Preliminary Material
1 The sources of controversy
(a) The large number of States with the power to react
(b) The imprecise links between the institutional and the individual
2 The ambiguity of the retained solution
(a) The changes in the ILC's attitude
(i) The ambiguities of the version adopted on first reading
(ii) The clarity of the text in the 2000 Report
(b) Article 54: 'everything goes'
(i) A compromise provision
(ii) A justified solution?
Further reading
Ch.81 Procedural Conditions
Preliminary Material
1 Introduction
2 The ILC's consideration of the issues
3 Call for reparation and notification
(a) Call for reparation (sommation)
(b) Notification
4 Countermeasures and procedures for the peaceful settlement of disputes
(a) Implications for the peaceful settlement of disputes
(b) Application of the principle of necessity
(c) Urgent countermeasures
5 Conclusion
Further reading
Ch.82 Proportionality
Preliminary Material
1 Introduction
2 Underlying rationale
3 'Quantitative' and 'qualitative' injury
4 'Proportionality'—an inexact science
5 Proportionality of countermeasures under WTO law
Further reading
Ch.83 The Time Factor in the Application of Countermeasures
Preliminary Material
1 The time factor in the implementation procedure of countermeasures
(a) The temporal requirement for the starting point of countermeasures
(b) Urgency and the taking of countermeasures
(c) The suspension of countermeasures
2 The limitation of countermeasures in time
(a) The duration of countermeasures
(b) Reversibility of countermeasures
(c) Termination of countermeasures
Further reading
Ch.84 Obligations Relating to Human Rights and Humanitarian Law
Preliminary Material
1 Introduction
2 The work of the ILC
3 The prohibition of countermeasures affecting human rights obligations
(a) The prohibition of suspension of human rights obligations by way of countermeasure
(b) The prohibition of countermeasures 'affecting' fundamental human rights obligations
4 Countermeasures affecting obligations under humanitarian law
(a) Conventional rules limiting recourse to belligerent reprisals
(b) Customary rules prohibiting belligerent reprisals against civilians during the conduct of hostilities
(c) The approach of the ILC to the issue of countermeasures affecting obligations under international humanitarian law
5 Conclusion
Further reading
Ch.85 Obligations Relating to the Use of Force and Arising from Peremptory Norms of International Law
Preliminary Material
1 Obligations with reinforced normative authority: jus cogens and erga omnes obligations
(a) Peremptory norms
(b) Erga omnes obligations
(i) Erga omnes obligations and obligations owed to the international community as a whole
(ii) Erga omnes obligations and countermeasures
2 Use of force
(a) Simple peremptory norms and reinforced peremptory norms
(b) Armed force and economic sanctions
Further reading
Ch.86 Other Non-Derogable Obligations
Preliminary Material
1 Countermeasures and diplomatic law
2 Countermeasures and measures of economic and political coercion
3 Countermeasures and international protection of the environment
Further reading
Further Material
Appendices the ILC Texts
Appendix 1 Draft articles on State Responsibility provisionally adopted by the International Law Commission on first reading (1996)
Appendix 2 Articles on Responsibility of States for Internationally Wrongful Acts (2001)
Appendix 3 Articles on Diplomatic Protection (2006)
Appendix 4 Articles on Responsibility of International Organizations adopted by the International Law Commission on first reading (2009)
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Part III The Sources of International Responsibility, Ch.16 Overview of Part One of the Articles on State Responsibility
Gilbert Guillaume
The Law of International Responsibility
Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett
Content type:
Book content
Oxford Scholarly Authorities on International Law [OSAIL]
Oxford Commentaries on International Law
Published in print:
20 May 2010


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Trackstar Champion Scarf
One of the first things you learn when you start riding, just after how to fix a flat and not to wear underwear with your cycling shorts, is that it's extremely dorky to wear pro team kit, grand tour leader's jerseys, or World Champion stripes while you're riding. (Unless of course you're on a pro team, are leading a grand tour, or are a World Champion, in which case it's only mildly dorky.) It would follow then that wearing a scarf in the World Champion colors is completely unacceptable, unless you're an actual World Champion with questionable Euro tastes who's susceptible to chest colds. (Or maybe some kind of drunken Belgian superfan.) Apart from that, all the scenarios in which this scarf might be worn are almost too awful to contemplate. If you're wearing it on the bike, you're committing a double crime: wearing the World Champion stripes; and wearing a scarf of any kind while cycling. If you're wearing it off the bike, you're just a peacock of dorkitude. In any case, I'm issuing a recall on the Trackstar Champion Scarf, as wearers are at risk of strangulation by me.
Primal Wear bRide 2B Women's Jersey
A reader recently forwarded me this item, and so I'm issuing a recall on it effective immediately, as any woman who dons this jersey is at severe risk of sudden and complete loss of dignity. I imagine this jersey being worn aboard a recumbent that's got a "Just Married" sign on the back and is dragging a bunch of soup cans. I have to hand it to Primal, though, for only they could reach this deeply into the cauldron of bad taste and withdraw something even worse than the tuxedo t-shirt. As a company, they've also managed to successfully show what the world would be like if terrorists detonated a bomb that somehow destroyed all irony while leaving humor intact. And perhaps most amazingly, this may be the world's only jersey with an integrated tramp-stamp.
Power Cranks


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When oil supplies ran short and gasoline prices spiked four decades ago, angry drivers demanded relief. Congress responded in 1975 by banning most exports of U.S. crude oil.
Today, domestic oil production is booming, prompting U.S. energy companies to call for a resumption of exporting. Many economists agree.
But would that bring back the bad old days of shortages? Would you end up paying more at the pump?
Supporters of exports say Americans should not allow 40-year-old images of an energy crisis to distort how we see the world today. They argue that in the 1970s, a particular vision of oil markets got embedded into our national psyche, and now it's time to update our worldview to more clearly see what's happening.
To appreciate their argument, let your mind wander back. Pretend it's the fall of 1973:
War is raging in the Middle East. Saudi Arabia and other members of the Organization of the Petroleum Exporting Countries, or OPEC, are looking for ways to hit back at supporters of Israel. They launch an embargo that blocks oil deliveries to the United States.
News reports label the embargo a "political weapon," intended to push America into an energy crisis. Soon, oil prices are quadrupling and lines of cars are snaking around gas stations with empty pumps.
Energy independence becomes a national obsession. President Richard Nixon addresses the nation, promising that by the end of the decade, "Americans will not have to rely on any source of energy beyond our own." To that end, Congress blocks companies from sending U.S. oil to other countries.
And all of that tells you something about how Americans were visualizing the problem.
"People saw it basically in terms of physical barrels of crude oil," said Paul Stevens, an energy expert at Britain's Royal Institute of International Affairs.
Stevens says political leaders tended to imagine those barrels functioned as pieces on a chess board. A strategic game was playing out across a map of the world, and the goal was to control as many barrels as possible to achieve energy security.
"It was felt that if you're obsessed by having physical security of crude oil, well, you don't want your crude oil going out to all these nasty foreigners," Stevens said. "You want to hang on to it yourself."
However, over time the predominant metaphor for picturing the world oil market shifted from those little barrels of crude to what Yale energy economist Bill Nordhaus calls the "Global Bathtub of Oil."
"The idea is you have this big, huge pool of oil," Nordhaus says. "And you have these spigots going into it that are from different places," such as oil-rich Saudi Arabia, Russia and Nigeria.
Those spigots turn on and fill the global bathtub, while big oil-consuming countries such as the United States act like drains taking out the oil.
"And the thing about the oil bathtub is that it doesn't really matter who the spigots and who the drains are," Nordhaus says. "It's really the total amount coming in and the amount coming out that determines world oil prices."
Nordhaus tracked world oil prices over two decades, and found the global price for a barrel of crude tends to be the same whether the oil is from Saudi Arabia or Scotland. "The extent to which these prices move together is really phenomenal," he says.
According to bathtub theory, no one supplier can completely disrupt the oil market, and the more oil that goes in bathtub, the better energy security is for everyone — including Americans.
With the boom in shale oil as a result of hydraulic fracturing, American oil production is forecast to approach levels not seen since the early 1970s. Nordhaus says since U.S. refineries are now struggling to process all of that crude, Washington should lift the export ban and add American oil to the global bathtub.
"You have a really valuable resource sitting there, whether it's in Texas or North Dakota or wherever," he says. "It's something that people will pay a lot of money for, but there's no way to get it out" and into the global marketplace.
But opponents say the old idea of keeping U.S. oil for Americans is simple common sense. They say lifting the export ban could raise gas prices for consumers.
The Center for American Progress, a left-leaning research group, issued a report this past week saying that the surge in oil production finally has started to turn the 1970s-era goal of energy independence into a reality.
"The oil industry would squander this new-found price stabilization and energy security by lifting the ban on crude oil exports," the report said. "Doing so would enrich oil companies by enabling them to sell their oil at the higher world price, but it could increase domestic gasoline prices and reduce our energy security."
Copyright 2021 NPR. To see more, visit https://www.npr.org.


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1) The bandage was wound around the wound.
2) The farm was used to produce produce.
3) The dump was so full that it had to refuse more refuse.
4) We must polish the Polish furniture.
5) He could lead if he would get the lead out.
6) The soldier decided to desert his dessert in the desert.
7) Since there is no time like the present, he thought it was time to present the present.
8) A bass was painted on the head of the bass drum.
9) When shot at, the dove dove into the bushes.
10) I did not object to the object.
11) The insurance was invalid for the invalid.
12) There was a row among the oarsmen about how to row.
13) They were too close to the door to close it.
14) The buck does funny things when the does are present.
15) A seamstress and a sewer fell down into a sewer line.
16) To help with planting, the farmer taught his sow to sow.
17) The wind was too strong to wind the sail.
18) After a number of injections my jaw got number.
19) Upon seeing the tear in the painting I shed a tear.
20) I had to subject the subject to a series of tests.
21) How can I intimate this to my most intimate friend?


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Come join others currently navigating treatment in our weekly Zoom Meetup! Register here: Tuesdays, 1pm ET.
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Chemotherapy - Before, During, and After
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Tiny No. 264 Vintage Rug
Vintage Turkish Tinies are the perfect finishing touch for small spaces. Hand knotted with wool pile and dyed with natural vegetable dyes. Very low pile. Great size for your kitchen sink, laundry room, front door, closet, or bathroom.
Due to the vintage/antique nature of our rugs, there may be imperfections and signs of wear. This character is what I appreciate about a time worn rug and hope you will too. Colors may vary based on your screen or home lighting. I try to photograph each rug as accurately as possible in daylight, but please be aware that they will look different in low light. I'm always happy to send photos in lower lighting upon request.
Ships from Hamilton, ON. Free local pickup available.
All sales are final.
Our most cherished objects carry personal meaning and add unique character to our home. Part of this is due to their timeless quality, designed to last through the ages—the perfect model of sustainability. Buying vintage is one way to reduce your footprint, keep items out of landfills and engage in the cyclical economy. At Woven Kin, we source all of our products with an eye to craftsmanship and quality and focus on low-impact packaging and practices wherever possible.
Many modern day machine-made rugs contain plastics and off-gas toxic chemicals into our homes. These rugs are often difficult to clean and repair and frequently end up in landfills, taking thousands of years to break down. Vintage handmade rugs such as ours are made with wool, cotton, and natural dyes that are extremely durable, repairable, and are literally made to last lifetimes. When they finally reach the end of their lifecycle, these completely organic rugs will decompose in a relatively short time.
Vintage rugs are crafted to be durable and surprisingly easy to care for. With proper care your Woven Kin rug will last for many, many years to come.
Rug Pads:
Using a rug pad with your vintage rug will extend its life and provide extra traction and protection for your floors. We recommend our Non-Slip Low Profile Eco Rug Pad made from recycled felt and non-slip TPR backing for maximum versatility & superior floor protection.
We recommend vacuuming your rug regularly to keep dirt from getting embedded and damaging the fibers over time. For best results, vacuum front and back side of rug, from side to side, avoiding fringes.
For small spills, blot with a dry cloth immediately to remove as much of the mess as possible, then repeat with a damp cloth if necessary. Use water and mild detergent and/or white vinegar for tougher spots, blotting gently.
Rugs might need a deeper clean every few years or so. For smaller rugs, you can hand wash with a mild detergent and cold water (be sure to spot test first for colorfastness). Remove as much excess water as possible and lay flat in a warm, sunny spot to dry. It is important to rinse well to remove all soap and dry the rug thoroughly before using.
For larger rugs or tougher messes, it is best to take your rug to a professional who specializes in cleaning fine antique rugs. Never dry clean or steam clean your rug.


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A 2% Buyer's Premium will be added to the final Sales Price. All applicable taxes will be assessed based on the sum of the sales price and buyer's premium.
- 8.3 Cummins
- 6 Speed Power Shift Transmission - Needs Rebuilt (on pallet)
- Raven Viper 4 GPS
- Highway Equipment Spreader Box
- s/n CS-12325X11008
- Location: 134 Main Road, Dayton, WA
- Preview: By Appointment
- Loading Assistance: By Appointment
- Removal By: July 15, 2024
- Contact: Byron (509) 520-7044
- Tax: Farm Auction - Tax Exempt
There are no bids for the lot at this time
Auction Details
Auction Format | Online Only Auction |
Bidder Approval |
A credit card will be required to register. A $250 authorization hold is placed to the card on file. |
Buyers Premium |
A 10% Buyer's Premium on individual lots of $2,500 or less and 2% on individual lots of $2,501 and more |
Bid Extension |
Bid Extension is on. Each lot will not close until bidding activity is complete on that lot. |
Linked Lots |
Like-Kind items may be linked. This is shown by coordinating letters on linked lots. Linked lots will not close until all bidding activity is complete in that linked set. |
Payments |
Invoices with instructions and payment links will be provided after the auction. Invoices $250 or less will be charged to your card on file. |
Removal |
Removal Deadline is Wednesday, July 10. See business hours for details |
Item Location |
Booker Auction Co, 31 Eltopia West Rd, Eltopia WA, unless noted otherwise in lot description |
Sales Tax |
WA State Sales Tax Applies, unless noted otherwise in lot description |
Doc Services Fee | A Documentary Service Fee in an amount of up to $200 may be added to the sales price or capitalized cost of the vehicle |
Sale Terms
Photo ID or Credit Card will be required for bidder registration and a copy (where viable) will be retained by Booker Auction Co. While cards may be charged for authorization or payment, Credit Card information is not stored in a way that can be viewed.
A Buyer's Premium applies to determine the selling price on each lot. The Buyer's Premium is set at 10% on individual lots of $2,500 or less and 2% on individual lots of $2,501 and more.
Title Purchases- A Documentary Service Fee in an amount up to $200 may be added to the sale or capitalized cost of any titled purchase.
Invoices will not be emailed until at least an hour after the entire auction is completed.
All invoices with a total due of $250 or less will automatically be charged to your card on file. You will receive an email reflecting your payment as soon as it is processed.
No Credit Card Processing fees will be refunded once a credit card payment has been processed. Please ensure that you intend to pay using a credit card before choosing this method of payment.
All purchases must be paid in full no later than 48 hours after the auction closes. You are authorizing Booker Auction Co. to charge the credit card on file after 48 hours for unpaid purchases.
All qualifying tax exemptions must be completed with our office within 48 hours of auction closing. No refunds will be provided for tax exemptions received after payment has been made. Please note, not all items qualify for tax exemptions.
Payment can be made from your invoice links using our online payment portal or credit card. We will also be accepting payment at our office in Eltopia, WA. No offsite payments will be accepted.
An additional 3% credit card processing fee will be added to all credit card payments. Debit Cards will be accepted in person at our Eltopia Office only.
All personal and company checks are subject to approval and will be documented by photo id. New bidders (those without a positive Booker Auction Co. purchase history) will need a statement from their financial institution confirming their 'good standing' plus driver's license and viable credit card.
No items may be removed until satisfactory payment has been made. Seller and/or Booker Auction Co. reserves the right to maintain possession of any item sold until funds are verified.
All items are sold as is, where is, without recourse.
All bidders or buyers are encouraged to conduct their own inspections of items prior to bidding or buying.
Returns, refunds, or exchanges are not offered as every item is sold 'as is'.
We make no guarantees or warranties of any kind regarding condition, longevity, or usefulness of any item being offered for sale.
All advertising information was obtained from sources deemed reliable. Although every precaution has been taken to assure accuracy, the seller and Booker Auction Co., shall not be liable for errors and/or omissions. Announcements made by the Auctioneer at the time of the auction take precedence over printed matter.
Bidder, whether acting as principal, agent, officer or director of an entity or otherwise, in any capacity, and the entity represented, both jointly and severally agree: To indemnify and hold harmless Booker Auction Company, its employees, agents, and its consignors ("Consignors") from any and all actions, causes of action, suits, damages, costs and losses of any kind, arising from the purchase or subsequent use of any item. This agreement extends to the attendance or participation of Bidder, his agents or employees, at the Auction Sale and/or on the auction site whether before, during or after the Auction Sale.
Booker Auction Co. may, under certain conditions, bid on behalf of the seller, lien holder and/or pre-approved absentee buyers.
All items immediately become the responsibility of the purchaser after being sold.
All purchases must be removed no later than 7 days after the auction closes.
All buyers, customers, hauling companies, and their agents release Booker Auction Co., it's employees, agents, and sellers from all liability during the loading and hauling process. Booker Auction Co. will not be held liable for any damages. It is the sole responsibility of the buyer to tie-down loads appropriately and to DOT regulations.
Any items that are not removed after 30 days are subject to forfeiture by the purchaser, becoming Booker Auction Co. property to dispose of at our discretion.
Booker Auction Co. is not responsible for accidents.
By registering to bid or attempting to bid at our sales or auctions, bidder / buyer agrees to sale terms as well as these terms and conditions, be they as is, amended or modified by text or speech at any time before items are sold.
In the event there are technical difficulties related to the server, software or other online auction related technologies, Booker Auction Company reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Booker Auction Company shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications will be sent to registered bidders with updated information as deemed reasonable by Booker Auction Company.
Please direct any financial questions to the following:
Eltopia, Washington 99330
United States
Monday, July 1 - 9am-4pm
Tuesday, July 2 - 9am-4pm
Wednesday, July 3 - 9am-4pm
Thursday, July 4 - CLOSED
Friday, July 5 - CLOSED
Saturday, July 6 - CLOSED
Sunday, July 7 - CLOSED
Monday, July 8 - 9am-4pm
Tuesday, July 9 - 9am-4pm
Monday, July 10 - 9am-4pm