23-APR-1993 16:29
BRITISH EMBASSY .PARIS
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“Üne refers here, jür instance, to the regrets expressed or the excuses made by the State held responsible cr, in certain cases, of symbolic acts as salute to the flag when the damaging action consists of insulting the victim State. There can also be internal sanctions_(administrative or disciplinary measures against the public agent who is responsible for the unlawful action). It is also often accepted that the mere declaration by the judge on the international arbitrator of the unlawfulness of the action in question constitutes. In Isolation, sufficient satisfaction (arbitral decision of 6 May 1913, Case of the Carthage and the Manouba, RSA Volume IX, p. 472: International Court of Justice
13 December įšøy, Case Struis of Curjón, Rec 1947, p. 2011
*Satisfaction constitutes an appropriate compensation particularly in inter-state relations and for direct damages where nonour, dignity, prestige iure apozimi tingnan sanas, awe * is not unknown when one talks of indirect damages (Mixte Commission Italy/Venezuela 3 May 1930, Case Martini, RSA Vol.II, p. 1002). By an agreement entered in 1986 through the good offices of the general secretary of the United Nations. France officially presented excuses to New Zealand following the 1985 sabotage of a foreign vessel at berth in a New Zealand port by French secret agenis: simultaneously, a high indemnity
was paid (Case of the Rainbow Warrior). *
One cannot seriously challenge the fact that a condemnation, by way of the cancellation of a
decision deemed unlawful, would constitute a "satisfaction" for the requesting State, within the
VALGEIRS AS INTARESHANGE WILARGA IBU NAW it je naviqus tam tùy conseù à rom, which dumm TRA
have jurisdiction to decide on the international relations of France, cannot pronounce such a
condemnation which would take place at the level of the international responsibility of the French
State.
* On the notion of satisfaction, in respect of the case of the Rainbow Warrior see also Charpentier: The case of the Rainbow Warrior. Annuaire Français de Droit International 1985 p. 210.