Rainbow Warrior 1986 and 1990 decisions

Rainbow warrior case with the following outline:

A. Introduction

B. Factual Background

C. The Secretary-General’s Ruling of 6 July 1986 1. Responsibility 2. Reparations 3. Trade Matters 4. The Situation of Major Mafart and Captain Prieur 5. Enforcement

D. Parallel Proceedings

E. Factual Developments Subsequent to the Secretary-General’s Ruling 1. The Case of Major Mafart 2. The Case of Captain Prieur

F. The Arbitral Award of 30 April 1990 2. The Applicable Law

1. The Contentions of the Parties

3. Circumstances Precluding Wrongfulness

4. Classification of the Breaches

5. Duration of the Obligations G. Evaluation and Contemporary Relevance of the Rainbow Warrior Case

6. Remedies Moreover, when preparing the case note, I would like to recall some useful tips this time again, so please follow the below structure and method of analysis: Methods: understand WHO, WHY, HOW acted focus on the legal problems, the questions to decide Which parties, which court, how was its jurisdiction accepted? Legally relevant facts (only those!!) What sources of law apply? General/principle statements (contributing to the progressive development of public international law) Relevance for the future, impact on subsequent case-law and on codification/development of public international law Structure and logic to follow: What is the dispute about? Positions of the parties Judgment of the court as well it reasoning (legal arguments) Relevance for the future, impact on subsequent case-law and on codification/development of public international law

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