text: course of events” or stated that “the cause must not be too remote or speculative” or that, there must be “a sufficiently direct causal relationehip”’ The term “foreseeability” was also used to describe a causal relationship which was’ considered to be normel. That was the meaning of “s”, a well- established term whioh ~88 more precise snd acceptable than the reference to an “uninterrupted causal link”, The question was whether, from the course of eventa, 8 court could have clear and convincing evidence, language used in theZrail i&&I case. Therefore, it seemed ts be agsinst the practice to rely without any limitation on an uninterrupted chain of events, however long. Most legal systems, and many arbitral decisions, relied on “proximate causation”. 373. Some other members also expressed reservations about the “uninterrupted causal link” formula but on another ground. They felt thst a distinction must bs made between causal link in the natural sciences and the causal link in the sociel sciences’ In the former, one could perhaps rely entirely with certainty on the uninterrupted causal link formula because of the way in which natural elements operated and reacted. In socisl sciences, however, one always had to deal with human beings and their psychology which motivated their behaviour, Therefore the un.interrupted causal link in paragraph 4 should be qualified by other critel.ka such as “proximity”, “foreseeability”, etc.Busides, it was mentioned that the issue of ceuselity could not be a simple question of fact) there had to be some policy-based control over the responsibility of the offended State. One member, on the other hand, preferred to draft the paragraph in a flexible manner, and leave the content of the rule to be developed in practice. 374. The Special Rapporteur etated that while believing, together with some of
analysis: The text appears to be discussing legal concepts and terminology related to causality and responsibility, with references to international law and arbitration. The language used is technical and formal, suggesting a context of international relations, diplomacy, or legal scholarship.