s tat e r e s p o n s i b i l i t y
805
(
Compensation
) to be a principle ‘not applicable in international law at
this time’.
171
Compensation is usually assessed on the basis of the ‘fair market value’
of the property lost, although the method used to calculate this may
depend upon the type of property involved.
172
Loss of profits may also
be claimed where, for example, there has been interference with use and
enjoyment or unlawful taking of income-producing property or in some
cases with regard to loss of future income.
173
Damage includes both material and non-material (or moral) damage.
174
Monetary compensation may thus be paid for individual pain and suf-
fering and insults. In the
I’m Alone
175
case, for example, a sum of $25,000
was suggested as recompense for the indignity suffered by Canada, in
having a ship registered in Montreal unlawfully sunk. A further example
of this is provided by the France–New Zealand Agreement of 9 July 1986,
concerning the sinking of the vessel
Rainbow Warrior
by French agents
in New Zealand, the second paragraph of which provided for France to
pay the sum of $7 million as compensation to New Zealand for ‘all the
damage which it has suffered’.
176
It is clear from the context that it covered
more than material damage.
177
In the subsequent arbitration in 1990, the
Tribunal declared that
an order for the payment of monetary compensation can be made in respect
of the breach of international obligations involving . . . serious moral and
legal damage, even though there is no material damage.
178
However, the Tribunal declined to make an order for monetary compen-
sation, primarily since New Zealand was seeking alternative remedies.
179
Satisfaction constitutes a third form of reparation. This relates to non-
monetary compensation and would include official apologies, the pun-
ishment of guilty minor officials or the formal acknowledgement of the
unlawful character of an act.
180
The Tribunal in the
Rainbow Warrior
171
Inter-American Court of Human Rights, 1989, Series C, No. 7, pp. 34, 52; 95 ILR,
p. 306.
172
See on this the analysis in the ILC Commentary 2001, pp. 255 ff. See also the UNCITRAL
Arbitral Tribunal decision of 14 March 2003 in
CME Czech Republic BV
v.
The Czech
Republic
, Final Award.
173
Ibid.
, pp. 260 ff.
174
See article 31(2).
175
3 RIAA, p. 1609 (1935); 7 AD, p. 203.
176
74 ILR, pp. 241, 274.
177
See the Arbitral Tribunal in the
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