text: Special Rapporteur felt that considering that the present articles were intended to apply to a wide range of activities , one could not possibly in advance envisage all circumstauces which would affect the measure of damages in every particular case. Resides, the purpose of thase articles, he stated, was to provide guidelines for States in negotiating a rCgime in respect of an ' activity covered hy article I, and also to provide a safety net to protect the affected State in the absence of such an agreement. These articles were designed on the basis that States, in so far as possible, would negotiate the amount of compensation. ff the State of origin refused to negotiate the matter or refused to pay the agreed compensation, only then would the State incur responsibility for wrongful acts. 509. Many stss!bars agreed that this chapter formed the central core of the topic. lWo basic issues in this chapter were considered to be of particular impurtaace: first the obligation to pay compensation for transboudsr-1 harm and, secondly, the determination of.tbe liable party, namely whether t.he State of origin or the operator should be held liable. As regards the first point, many members felt that the chapter should have been begun with a clear statement on the obligation to pay compensatioa, rather than what the articles do presently, nsmely to stress the obligation to negotiate compensation. Negotiation was only a modality by which dispute6 regarding compensation could - 270 -be settled. Substantive rights and obligations on liabildty and compensation should be set forth clearly. Some members also questioned the existence in present international law of an obligation for reparation in the absence of any breach of internttional law. Although accepting that such an obligation could be envisaged, they stressed that this would be a considerable innovation.
analysis: The text appears to be discussing international law and the obligations of states regarding compensation for harm caused by activities, such as environmental damage. The language used is formal and technical, indicating a focus on legal principles and international relations. The topics mentioned, including liability, compensation, and negotiation, suggest a connection to the international legal framework.