text: also be included in the expression “transboundary harm”, It was felt that in the concept of “preventive measures” a clearer distinction should be made between those measures taken to prevent an accident and those taken to minimise harm. The latter could perhaps be referred to as a measure to mitigate harm. Some members also suggested that perhaps the concept of damage should not be defined in article 2, but be the subject of a separate article; many precedents already existed in that regard. Particularly in the context of this topic where damage was intended to include damage to the environment, persons and property, preventive measures etc., it might be better to have a separate articla allocated to such a definition., - 255 -488. The Special Rapporteur had not proposed changes in these articles. None of the articles was extensively discussed, although a few members felt the title of article 3 was unclear and that it should be made plain in the article that if liability was to be established, the Gtate of origin must be fully aware of the potential risk of the activity and must have some control over it.One member also expressed uncertainty about the compatibility of article 4 with article 30, paragraph 3 of, the Vienna Convention on the Law of Treaties. zwArticles 3, 4 and 5 of the proposed outline read as followsr The State of origin shall have the obligations established by the present articles, provided that it knew or had means of knowing that an activity referred to in article 1 was being, or was about to be, carried out in its territory or in other places uI,-Ier its jurisdiction or control. Unless there is evidence to the contrary, it shall be presumed that the State of origin has the knowledge or the means of knowing referred to
analysis: The text appears to be discussing the outline of a treaty or convention related to environmental damage, specifically in the context of transboundary harm and the obligations of states. The language used is formal and technical, suggesting a focus on legal and regulatory issues.