text: weaker States, paragraph 4 should remain as a safeguard. 406. Some drafting suggestions were also made. In particular, it was noted that paragraph 4 provided that a “claim” for satisfaction shall not include humiliating demands. This drafting was unusual since the article did with “claims” of aggrieved States, but with the law applicable in a particular That paft of the text should therefore be drafted differently. 407. It was noted by some members that the indication of the forms of satisfaction should not be exhaustive. The Special Rapporteur agreed that the drafting should be adapted accordingly. 3. on wfprms.end of rm 408. The Special Rapporteur stated that fault had not played an important role in the conceptualization of Part One of State responsibility, In his view Part Two, the determination of specific consequences of a?r internationally could not ignore the importance that fault played in such determinations. was particularly emphasized by the as well as delicts. Fault in the view of the Special Rapporteur referred to wilful intent or negligence of the offending State. In that context the Special Ropporteur raised two issues; first, whether fault should play a role in the determination of the consequences of a wrongful act; and, secondly, how fault could be attributed to a State. As regards the first - 218 -issue, the Special Papporteur felt that a decision on the role of fault in the forms and degree of s8veren8ss Df consequences was a policy decision and eventually a legal one. In the view of the Special Rapporteur, it seemed both lo&al and rational, as recognised by a number of authorities, that the presence of fault and the degree of wilful intent or negligence should play some role in the degree of responsibility and hence of consequences. As regards the second issue, namely how fault could be attributed to a State, the
analysis: This text appears to be related to international law, specifically the concept of state responsibility and the determination of consequences for wrongful acts. It discusses the role of fault in these determinations, which suggests a connection to legal and political issues rather than economic or social ones.