Rainbow Warrior (New Zealand v. France)

Abstract

State responsibility — Breach of treaty — Applicable principles — Whether responsibility for breach of treaty governed by same principles as breach of other international obligations — Circumstances excluding wrongfulness — Force majeure — Distress — Necessity — Conditions for application of distress — Rainbow Warrior dispute between New Zealand and France — 1986 Agreement implementing ruling by United Nations Secretary-General — Provision that two French agents to spend three years on island of Hao and not to leave island without consent of New Zealand — Circumstances in which emergency evacuation justified — Requirement to return agents to Hao once circumstances of emergency terminated — International Law Commission Draft Articles on State Responsibility

State responsibility — Damage — Whether damage essential element in establishing responsibility — Whether damage must be material — Moral and legal damage — Remedy — Satisfaction — Whether award of monetary compensation possible

Treaties — Application — Law governing application of treaties — Vienna Convention on the Law of Treaties, 1969 — Whether exhaustive — Whether principles of law relating to State responsibility also applicable — Whether principles of State responsibility regarding circumstances excluding wrongfulness applicable to application of treaty — Distress

Treaties — Breach — Nature of breach — Duration of breach — Continuing breach of treaty — Principles of international law applicable to breach of treaty

Treaties — Termination — Duration of obligation — Whether treaty to operate for fixed period — Rainbow Warrior dispute between New Zealand and France — 1986 Agreement implementing ruling by United Nations Secretary-General — Provision that two French agents to spend three years on island of Hao and not to leave island without consent of New Zealand — Whether obligations of France regarding agents to terminate after three years irrespective of whether agents have spent entire period on island — Whether France still under obligation to return agents to Hao

Claims — Breach of treaty — Damage — Non-material damage to State — Remedy — Whether satisfaction the only available remedy — Whether award of monetary compensation possible — Claimant State not seeking award of monetary compensation — Declaration by tribunal that condemnation of respondent State appropriate satisfaction

Damages — Losses for which damage recoverable — Non-material damage to State — Violation of solemn obligation — Insult — Whether award of monetary compensation available as remedy

Sources of international law — Customary international law — Treaty as statement of customary law — Vienna Convention on the Law of Treaties, 1969 — International Law Commission Draft Articles on State Responsibility

Arbitration — Ad hoc international arbitration — Applicable law — Powers of tribunal — Arbitration tribunal established by agreement between New Zealand and France to hear Rainbow Warrior dispute