wondered about the reel difference between the two topics since in his view the liability envisaged in the present topic increasingly eclipsed, in practice, by the implementation of rules normally applicable in case of responsibility for failure to comply with an obligation. A few members felt that some thought should be given to setting a ceiling on compensation. A few other members opposed that idea and found it unfair and impractical considering the fact that the topic applied to so many different activities with different levels of consequences. Those members who preferred that liability should be ;!aced primarily on the operator felt the article should be revised to introduce that idea. - 273 -513. The purpoee of article 22, the Special Rappotteur stated, wa8 to facilitate the obligations of negotiation embodied in the previous article where there was more than one affected State. The Special Rapporteur felt that international organisations could play a role in this procees through their good offices and helping to resolve the problems among States concerned more amicably. Article 23 was only to give some guidelines to States in their negotiations as to how harm should be determined and compensation be measured. For example, if the State of origin could demonstrate that certain preventive measures were taken solely with the intention of preventing transbounclary harm, the cost of that aepect of preventive measurea mtght be taken into account. Similarly, if ths State of origin could show that the affected State had also benefited from the activity, i;; would only be fair that come reduction be made in tha amount of compensation proportionate to the benefit. The Special Rapporteur explained that such criteria, due to their broad nature, could only be taken into account in diplomatic negotiations.
**Analysis**
The text appears to be discussing international law and diplomacy, specifically focusing on the liability and compensation for harm caused by activities that transcend national boundaries. The language used is technical and formal, suggesting a formal treaty or agreement is being negotiated. The topics of international organizations, diplomatic negotiations, and the role of states in resolving disputes also suggest an international law or diplomacy context.

**Category**
International trade, Natural resources and environment