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Chapter 7 explores three bases that people draw on when they make evaluative judgements of breaches of norms and expectations: interactional goals; face sensitivities and concerns; sociality rights and obligations. Together, these three elements form the first major component of the evaluation warrant: interpersonal sensitivities. For each of the bases of rapport, the chapter first considers how the facet has been conceptualised, and then considers the impact that cultural factors may have on the associated evaluation criteria. Lack of familiarity with norms and differing interpretations of the ‘meaning’ of certain behaviour are key ways in which culture can have an impact. The chapter three main sections: interactional goals; face sensitivities; sociality rights and obligations. In relation to the latter, the chapter considers the notion of conventions and conventionalisation, and note that breaches may or may not lead to negative evaluations. Sometimes they may simply be regarded as amusing or quaint, sometimes the behaviour may cause confusion, sometimes the breach may be (very) negatively evaluated.
Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.
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