Were the French agents codified as spies or.?

2 Did the Americans recognise Powers was a spy when.........................?

3 How did Sweden react when a Soviet submarine..................................?

m Agree or disagree and substantiate your viewpoint:

1 Spies exist only in time of war.

2 New Zealand had every reason to treat the French agents as common criminals.

Text 5

The Rainbow Warrior affair bolsters the notion that there is an international doctrine of non-intervention. France was obliged to recognise this, and also to make restitution for contravening the doctrine outlawing armed attack. Further, the case may have a positive long-term benefit in drawing attention to those areas of deficiency, remarked upon by Falk, Lauchterpracht, Crawford and others, in both the substantive rule of international law and its procedures, especially concerning immunity, low-level force, and peacetime espionage. Certainly in government torts the international trend in State practice is to restrict State immunity and assert local jurisdiction, to the extent that it has been said to contribute to the «demystification of the State as a supreme being».

Jurists will note that the outcome of the intergovernment dispute was based on an individual's concept of fairness, producing a ruling rather than a legal judgement. De Cuellar resisted any attempt to imbue the case with theoretical significance or to refer to norms – though no doubt legality as well as practicality formed part of his private deliberations. Yet in so far as the settlement can be considered as an example of State practice, it significantly challenges the principle that either a State or its agents – but not both – are liable for acts contrary to law outside the Geneva Conventions.

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