The Function of Equity in International

Law Catharine Titi

Visit to download the full and correct content document:
https://ebookmass.com/product/the-function-of-equity-in-international-law-catharine-tit
i/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...

The Concept of an International Organization in

International Law Lorenzo Gasbarri

https://ebookmass.com/product/the-concept-of-an-international-
organization-in-international-law-lorenzo-gasbarri/

International Law of Taxation (Elements of

International Law) Hongler

https://ebookmass.com/product/international-law-of-taxation-
elements-of-international-law-hongler/

The Law of International Watercourses 3rd Edition

Stephen C. Mccaffrey

https://ebookmass.com/product/the-law-of-international-
watercourses-3rd-edition-stephen-c-mccaffrey/

The Many Paths of Change in International Law Nico

Krisch

https://ebookmass.com/product/the-many-paths-of-change-in-
international-law-nico-krisch/
The Law of Investment Treaties (Oxford International
Law Library) Salacuse

https://ebookmass.com/product/the-law-of-investment-treaties-
oxford-international-law-library-salacuse/

Purging the Odious Scourge of Atrocities: The Limits of

Consent in International Law Bruce Cronin

https://ebookmass.com/product/purging-the-odious-scourge-of-
atrocities-the-limits-of-consent-in-international-law-bruce-
cronin/

The Oxford Handbook of Jurisdiction in International

Law Stephen Allen (Editor)

https://ebookmass.com/product/the-oxford-handbook-of-
jurisdiction-in-international-law-stephen-allen-editor/

The Sources of International Law 2nd Edition Hugh

Thirlway

https://ebookmass.com/product/the-sources-of-international-
law-2nd-edition-hugh-thirlway/

Claims to Traceable Proceeds: Law, Equity, and the

Control of Assets Aruna Nair

https://ebookmass.com/product/claims-to-traceable-proceeds-law-
equity-and-the-control-of-assets-aruna-nair/
The Function of Equity in International Law
The Function of Equity
in International Law
C AT HA R I N E T I T I

1
 3
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries

© Aikaterini Titi 2021

The moral rights of the author have been asserted
First Edition published in 2021
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Crown copyright material is reproduced under Class Licence
Number C01P0000148 with the permission of OPSI
and the Queen’s Printer for Scotland
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America
British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2021931973
ISBN 978–​0–​19–​886800–​2
DOI: 10.1093/​oso/​9780198868002.001.0001
Printed and bound by
CPI Group (UK) Ltd, Croydon, CR0 4YY
Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
For Mum and Dad
 Foreword

Aequitas soror iuris. If equity is the sister of the law, she is a much-​neglected
sibling. Only rarely does equity step out of the shadow of the law to make an
independent appearance. Most of the time, equity is seen as a natural attribute
of the law that does not require much attention. But equity has a far more active
life than would appear at first sight.
Equity is hidden and yet ubiquitous. It influences legislators as well as ad-
judicators. Both are driven by considerations of equity. The legislator strives
to make laws that are equitable in the sense of distributive justice. The adju-
dicator attempts to make decisions that are not merely correct but also just. It
is no coincidence that the Latin aequitas stands not just for equity but also for
equanimity. Our conscience demands equity. Fairness is essential for our peace
of mind.
Sometimes equity is in a state of tension with the strictures of the law. Roman
law developed a separate body of law the ius honorarium or ius praetorium to
soften the rigidity of the ius civile. Over time, the two bodies of rules merged,
and their separate existence disappeared. Similarly, in English law, the Court of
Chancery supplemented and softened the inflexible common law and statute
law through the development of equity. In both these systems, equity was ul-
timately absorbed into the mainstream of the law.
International law is a relatively young discipline and its relationship to eq-
uity appears still unsettled. Concepts like equity contra legem and the excep-
tional power of tribunals to decide ex aequo et bono appear to juxtapose law
and equity suggesting their separate existence.
International courts and tribunals have been bashful and cautious about
relying on equity. They do refer to equitable considerations, but only sparingly.
Authorisations to decide ex aequo et bono are seldom given and even where
they exist, tribunals are reluctant to make full use of them.
A closer look, however, reveals that equity plays a central role in inter-
national law. In some areas of international law, equity has traditionally been
dominant. Equitable considerations have for some time governed the calcu-
lation of damages, although there is a clear trend towards specific rules. The
requirement to state detailed reasons reinforces this trend. Maritime delimita-
tion depends in large measure on equity, although the jurisprudence of the ICJ
viii Foreword

shows an increasing dependence on consistent methods. These methods are in

the process of solidifying into recognised rules. Some of the equitable innov-
ations of the past are in the process of becoming hard law.
Some developments in the field of international law are driven by equitable
considerations. One example is the demand for a New International Economic
Order, especially when it comes to the distribution of natural resources and
the common heritage of mankind principle. Other examples are the evolving
law governing cultural heritage and international waterways. In a wider sense,
the development of international human rights goes back to considerations of
justice and equity.
The standard of fair and equitable treatment in international investment
law is a good illustration of the process of solidification of broad equitable
principles into specific rules of law. Over a relatively short period of time, tri-
bunals have given concrete meaning to this precept, developing several spe-
cific standards such as the requirements to protect legitimate expectations, to
guarantee procedural fairness, and to desist from coercion, harassment, and
discrimination.
Catharine Titi’s monograph is the first systematic and comprehensive study
of the role of equity in contemporary international law. She diagnoses three
major functions of equity: equity as corrective justice, equity as distributive
justice, and equity as supplementary justice. The first category is designed to
correct injustice that would otherwise result from the strict application of the
law. Often this can be achieved by selecting from a range of available options.
Distributive justice looks at the allocation of resources and the distribution of
benefits and burdens. Supplementary justice essentially serves the filling of
gaps. At the same time, she discards the traditional triad of equity infra, praeter,
and contra legem. Not only are the boundaries between these categories fluid.
Most importantly, all types of equity are elements of the law and, consequently,
equity contra legem is a contradiction in terms.
The central theme of this book is that equity is part of international law. It is
a general principle of international law of a customary law nature. At the same
time, equity is one of the most important sources of international law. Equity
permeates international law and is inherent in its sound application. It is part
of the jurisprudence constante of international courts and tribunals.
Several norms that are obvious manifestations of equity have become well-​
established parts of international law. Examples are the principles of equality,
reasonableness, estoppel, acquiescence, good faith, unjust enrichment, the
clean hands doctrine, the prohibition of abuse of rights, and proportionality.
To these, one may add the principles of humanity, respect for life, and human
 Foreword ix

dignity. International courts and tribunals apply these equitable principles

as part of the established body of international law, usually without invoking
equity.
Therefore, equity is not an extra-​legal concept. It does not stand in contrast
to international law. Rather, it is part of the fabric of international law. It is a
source of international law –​perhaps the source of international law: aequitas
mater iuris.

Christoph Schreuer
 Acknowledgements

Many people have supported me in this book project. I would like to thank
especially Charalampos Apostolidis, Freya Baetens, Joanne Gabrynowicz,
Anastasios Gourgourinis, Ted Gleason, Clifford Hendel, August Reinisch,
Calliope Sudborough, Christian Tams, Tullio Rodolfo Treves, and Frans von
der Dunk for taking the time to consider, review, and discuss different parts
of the book. I am particularly indebted to Christoph Schreuer for his generous
support and counsel and to Attila Tanzi for encouraging me to turn to the
sources of international law, for his support, advice, and thoughtful comments
throughout this project. From Oxford University Press, I am grateful to Emma
Collison, Elissa Connor, Libby Holcroft, and Arokia Anthuvan Rani and, in
particular, to my wonderful editors, Merel Alstein and Jack McNichol.
 Contents

Abbreviations  xvii
1. Introduction  1
I. Equity in International Law  1
A. The Concept of Equity  1
B. Equity, Law, and Justice  3
II. Scope of the Book  6
A. Overall Purpose  6
B. Coverage of International Courts and Tribunals  8
III. Outline of the Book  11

PA RT I P R E L I M I NA RY M AT T E R S
2. Origins of Equity  17
I. Introduction  17
II. Greek and Roman Law Origins: From Aristotle to Cicero  18
III. From the Middle Ages to the Late Modern Period  23
IV. Equity in English Law  24
V. Later Development  27
VI. Conclusions  28
3. Equity before International Courts and Tribunals  29
I. Introduction  29
II. Mixed Claims Commissions and Early Arbitration Tribunals  30
III. The Permanent Court of International Justice  37
IV. The International Court of Justice  38
A. Maritime Delimitation and Allocation of Maritime Resources  39
B. The Barcelona Traction Case: A Missed Opportunity?  50
V. The International Tribunal for the Law of the Sea  58
VI. Interstate Arbitration  59
A. The Rann of Kutch Case  60
B. The Anglo-​French Continental Shelf Case  61
C. Later Cases  63
VII. Conclusions  65
xiv Contents

PA RT I I E QU I T Y I N G E N E R A L
4. The Purpose of Equity  69
I. Introduction: ‘The way is equity, the end is justice’  69
II. Equity as Corrective Justice  70
A. Equity as Individualised Justice  71
B. Softening Law’s Rigidity  74
III. Equity as Distributive Justice  76
A. Allocation of Resources, Distribution of Benefits and Burdens  77
B. The Common Heritage of Mankind  79
C. Intergenerational Equity  80
D. Equitable Representation  81
IV. Equity as Supplementary Justice  82
V. Conclusions  83
5. Traditional Typology of Equity  84
I. Introduction  84
II. Three Kinds of Equity  85
A. Equity infra legem  85
B. Equity praeter legem  87
C. Equity contra legem  91
III. The Limitations of the Traditional Typology  92
IV.  Antigone’s Law  99
V. Revisiting Equity contra legem  101
VI. Conclusions  103
6. Power to Resort to Equity  104
I. Introduction  104
II. Equity and Law  105
III. A Principle and a Rule  108
IV. Equity as a Source of Law  113
A. Treaty Law  114
B. Customary International Law  122
C. General Principles of Law  128
D. Customary International Law Revisited: General Principles of
International Law  132
V. Conclusions  135

PA RT I I I SP E C I F IC A SP E C T S O F E QU I T Y
7. Jurisdiction ex aequo et bono  139
I. Introduction  139
II. International Courts  142
III. Interstate Arbitration  145
 Contents xv

IV. International Investment Arbitration  147

A. Investment Law’s ex aequo et bono Decisions  147
B. Ex aequo et bono as a Ground for Annulment  151
V. For What Types of Disputes Is ex aequo et bono Appropriate?  154
VI. Compatibility with the Judicial Function  158
VII. Conclusions  159
8. Variations on Equity and Related Concepts  161
I. Introduction  161
II. Equality  162
III. Reasonableness  163
IV. Estoppel  165
V. Acquiescence  168
VI. Good Faith  171
VII. Unjust Enrichment  173
VIII. The Clean Hands Doctrine  174
IX. Abuse of Rights  178
X. Proportionality  181
XI. Conclusions  184
9. Equity, Compensation, and Costs  185
I. Introduction  185
II. Compensation  186
III. Costs  193
A. Allocation of Costs  194
B. Security for Costs  195
IV. Conclusions  198
10. Conclusion  199

Index  203
 Abbreviations

AFDI Annuaire français de droit international

AJCL American Journal of Comparative Law
AJIL American Journal of International Law
ARIEL Austrian Review of International and European Law
ASDI Annuaire suisse de droit international
AU ILR American University International Law Review
BIT Bilateral investment treaty
BYIL British Yearbook of International Law
CETA Comprehensive Economic and Trade Agreement between the
European Union and its Member States and Canada
CJEU Court of Justice of the European Union
CJTL Columbia Journal of Transnational Law
CLJ Cambridge Law Journal
CPTPP Comprehensive and Progressive Agreement for Trans-​Pacific
Partnership between the European Union and Canada
CUP Cambridge University Press
DRC Democratic Republic of the Congo
Duke JCIL Duke Journal of Comparative & International Law
ECHR European Court of Human Rights
EJIL European Journal of International Law
FCN Friendship, commerce and navigation
HUP Harvard University Press
IAReporter Investment Arbitration Reporter
ICC International Criminal Court
ICJ International Court of Justice
ICLQ International & Comparative Law Quarterly
ICLR International Community Law Review
ICPRCP Intergovernmental Committee for Promoting the Return of
Cultural Property to its Countries of Origin or its Restitution in
case of Illicit Appropriation
ICSID International Centre for Settlement of Investment Disputes
ICSID Convention Convention on the Settlement of Investment Disputes between
States and Nationals of Other States
IJCP International Journal of Cultural Property
ILA International Law Association
ILC International Law Commission
ILJ International Law Journal
xviii Abbreviations

ILO International Labour Organization

ILR International Law Reports
Intl International
ITLOS International Tribunal for the Law of the Sea
IUSCT Iran-​US Claims Tribunal
IYHR Israel Yearbook on Human Rights
JIDS Journal of International Dispute Settlement
JIL Journal of International Law
JILP Journal of International Law & Policy or Politics
JWIT Journal of World Investment & Trade
LCIA London Court of International Arbitration
LJ Law Journal
LJIL Leiden Journal of International Law
LRev Law Review
MaxPlanckEPIL Max Planck Encyclopedia of Public International Law
NAFTA North American Free Trade Agreement
OECD Organisation for Economic Co-​operation and Development
OJLS Oxford Journal of Legal Studies
OUP Oxford University Press
PACER Plus Pacific Agreement on Closer Economic Relations Plus
PCA Permanent Court of Arbitration
PCIJ Permanent Court of International Justice
QUTLJJ Queensland University Technology Law & Justice Journal
RBDI Revue belge de droit international
RIAA Reports of International Arbitral Awards
SCC Stockholm Chamber of Commerce
U University
UN United Nations
UNCITRAL United Nations Commission on International Trade Law
UNCLOS United Nations Convention on the Law of the Sea
UNCTAD United Nations Conference on Trade and Development
UNECE United Nations Economic Commission for Europe
UNESCO United Nations Educational, Scientific and Cultural
Organization
UNGA United Nations General Assembly
UNIDROIT International Institute for the Unification of Private Law
USMCA United States-​Mexico-​Canada Agreement
VCLT Vienna Convention on the Law of Treaties
VJIL Virginia Journal of International Law
WTO World Trade Organization
YB Yearbook or Year Book
 1
Introduction

I. Equity in International Law

A. The Concept of Equity

Few legal concepts have sustained heated controversy and impassioned de-
bate over such protracted periods of time. But equity has spanned the ages
both serving as a torchlight in the quest for justice and breeding disagree-
ment. Expression of the maxim summum ius, summa iniuria,1 protean and
chameleon-​like, equity takes different shapes in the eye of the beholder.
Agreement about its semantic content is obtained only at a high level of ab-
straction and defining it can prove an insuperable challenge. Almost nowhere
is equity used with the exact same meaning. Equity is that which is ‘fair and
reasonable in the administration of justice’;2 it is the instillation of reasonable-
ness and good faith in legal relations;3 an attribute of a developed legal system;4
an ‘agent of legal change’;5 and ‘an element in the progressive development of
international law’.6 A ‘direct emanation of the idea of justice’,7 equity requires
a balancing of competing interests;8 it encompasses a body of legal principles
‘designed to critique the law’ and to encourage fairness in international rela-
tions.9 It is what is ‘fair and just’, ‘an element of law’ that ushers ‘ethical values
into the legal norms’.10 It is ‘justice normatively expressed as law’.11 Equity also

1 Cited in Cicero, De Officiis, Book I, 33.

2 Francesco Francioni, ‘Equity in International Law’ (2013) MaxPlanckEPIL, para 1.
3 Georg Schwarzenberger, ‘Equity in International Law’ (1972) YB World Affairs 346, 347.
4 ibid (‘The movement from primitive and archaic legal systems to mature and developed legal sys-

tems tends to be accompanied by a change in emphasis from jus strictum to jus aequum’).
5 Henry Sumner Maine, Ancient Law (16th edn, John Murray 1897) 44.
6 Francioni, ‘Equity’ (n 2) para 29.
7 Continental Shelf (Tunisia/​Libya) (Judgment) [1982] ICJ Rep 18 [71]. See also Continental Shelf

(Libya/​Malta) (Judgment) [1985] ICJ Rep 13 [45]; Norwegian Shipowners’ claims (Norway v United
States) (1922) 1 RIAA 307, 331.
8 Hugh Thirlway, The International Court of Justice (OUP 2016) 28.
9 Thomas Franck, ‘Fairness in the International Legal and Institutional System’ (1993) 240 Recueil

des Cours 9, 62.

10 Ralph Newman, ‘Introduction’ in Ralph Newman (ed), Equity in the World’s Legal Systems

(Bruylant 1973) 15.

11 Anastasios Gourgourinis, ‘Delineating the Normativity of Equity in International Law’ (2009) 11

ICLR 327, 346.

The Function of Equity in International Law. Catharine Titi, Oxford University Press. © Aikaterini Titi 2021.
DOI: 10.1093/​oso/​9780198868002.003.0001
Another random document with
no related content on Scribd:
 PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free

distribution of electronic works, by using or distributing this work (or
any other work associated in any way with the phrase “Project
Gutenberg”), you agree to comply with all the terms of the Full
Project Gutenberg™ License available with this file or online at
www.gutenberg.org/license.

Section 1. General Terms of Use and

Redistributing Project Gutenberg™
electronic works
1.A. By reading or using any part of this Project Gutenberg™
electronic work, you indicate that you have read, understand, agree
to and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or
destroy all copies of Project Gutenberg™ electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg™ electronic work and you do not agree to be
bound by the terms of this agreement, you may obtain a refund from
the person or entity to whom you paid the fee as set forth in
paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be

used on or associated in any way with an electronic work by people
who agree to be bound by the terms of this agreement. There are a
few things that you can do with most Project Gutenberg™ electronic
works even without complying with the full terms of this agreement.
See paragraph 1.C below. There are a lot of things you can do with
Project Gutenberg™ electronic works if you follow the terms of this
agreement and help preserve free future access to Project
Gutenberg™ electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the
collection of Project Gutenberg™ electronic works. Nearly all the
individual works in the collection are in the public domain in the
United States. If an individual work is unprotected by copyright law in
the United States and you are located in the United States, we do
not claim a right to prevent you from copying, distributing,
performing, displaying or creating derivative works based on the
work as long as all references to Project Gutenberg are removed. Of
course, we hope that you will support the Project Gutenberg™
mission of promoting free access to electronic works by freely
sharing Project Gutenberg™ works in compliance with the terms of
this agreement for keeping the Project Gutenberg™ name
associated with the work. You can easily comply with the terms of
this agreement by keeping this work in the same format with its
attached full Project Gutenberg™ License when you share it without
charge with others.

1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside the
United States, check the laws of your country in addition to the terms
of this agreement before downloading, copying, displaying,
performing, distributing or creating derivative works based on this
work or any other Project Gutenberg™ work. The Foundation makes
no representations concerning the copyright status of any work in
any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other

immediate access to, the full Project Gutenberg™ License must
appear prominently whenever any copy of a Project Gutenberg™
work (any work on which the phrase “Project Gutenberg” appears, or
with which the phrase “Project Gutenberg” is associated) is
accessed, displayed, performed, viewed, copied or distributed:
 This eBook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this eBook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived

from texts not protected by U.S. copyright law (does not contain a
notice indicating that it is posted with permission of the copyright
holder), the work can be copied and distributed to anyone in the
United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase “Project
Gutenberg” associated with or appearing on the work, you must
comply either with the requirements of paragraphs 1.E.1 through
1.E.7 or obtain permission for the use of the work and the Project
Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted

with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg™ License for all works posted
with the permission of the copyright holder found at the beginning of
this work.

1.E.4. Do not unlink or detach or remove the full Project

Gutenberg™ License terms from this work, or any files containing a
part of this work or any other work associated with Project
Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this

electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg™ License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form,
including any word processing or hypertext form. However, if you
provide access to or distribute copies of a Project Gutenberg™ work
in a format other than “Plain Vanilla ASCII” or other format used in
the official version posted on the official Project Gutenberg™ website
(www.gutenberg.org), you must, at no additional cost, fee or expense
to the user, provide a copy, a means of exporting a copy, or a means
of obtaining a copy upon request, of the work in its original “Plain
Vanilla ASCII” or other form. Any alternate format must include the
full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,

performing, copying or distributing any Project Gutenberg™ works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing

access to or distributing Project Gutenberg™ electronic works
provided that:

• You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
about donations to the Project Gutenberg Literary Archive
Foundation.”

• You provide a full refund of any money paid by a user who

notifies you in writing (or by e-mail) within 30 days of receipt that
s/he does not agree to the terms of the full Project Gutenberg™
 License. You must require such a user to return or destroy all
copies of the works possessed in a physical medium and
discontinue all use of and all access to other copies of Project
Gutenberg™ works.

• You provide, in accordance with paragraph 1.F.3, a full refund of

any money paid for a work or a replacement copy, if a defect in
the electronic work is discovered and reported to you within 90
days of receipt of the work.

• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™

electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg™ trademark. Contact the Foundation as set
forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend

considerable effort to identify, do copyright research on, transcribe
and proofread works not protected by U.S. copyright law in creating
the Project Gutenberg™ collection. Despite these efforts, Project
Gutenberg™ electronic works, and the medium on which they may
be stored, may contain “Defects,” such as, but not limited to,
incomplete, inaccurate or corrupt data, transcription errors, a
copyright or other intellectual property infringement, a defective or
damaged disk or other medium, a computer virus, or computer
codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except

for the “Right of Replacement or Refund” described in paragraph
1.F.3, the Project Gutenberg Literary Archive Foundation, the owner
of the Project Gutenberg™ trademark, and any other party
distributing a Project Gutenberg™ electronic work under this
agreement, disclaim all liability to you for damages, costs and
expenses, including legal fees. YOU AGREE THAT YOU HAVE NO
REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF
WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE
FOUNDATION, THE TRADEMARK OWNER, AND ANY
DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE
TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE
NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you

discover a defect in this electronic work within 90 days of receiving it,
you can receive a refund of the money (if any) you paid for it by
sending a written explanation to the person you received the work
from. If you received the work on a physical medium, you must
return the medium with your written explanation. The person or entity
that provided you with the defective work may elect to provide a
replacement copy in lieu of a refund. If you received the work
electronically, the person or entity providing it to you may choose to
give you a second opportunity to receive the work electronically in
lieu of a refund. If the second copy is also defective, you may
demand a refund in writing without further opportunities to fix the
problem.

1.F.4. Except for the limited right of replacement or refund set forth in
paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied

warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted
by the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the

Foundation, the trademark owner, any agent or employee of the
Foundation, anyone providing copies of Project Gutenberg™
electronic works in accordance with this agreement, and any
volunteers associated with the production, promotion and distribution
of Project Gutenberg™ electronic works, harmless from all liability,
costs and expenses, including legal fees, that arise directly or
indirectly from any of the following which you do or cause to occur:
(a) distribution of this or any Project Gutenberg™ work, (b)
alteration, modification, or additions or deletions to any Project
Gutenberg™ work, and (c) any Defect you cause.

Section 2. Information about the Mission of

Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers.
It exists because of the efforts of hundreds of volunteers and
donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the

assistance they need are critical to reaching Project Gutenberg™’s
goals and ensuring that the Project Gutenberg™ collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a
secure and permanent future for Project Gutenberg™ and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help,
see Sections 3 and 4 and the Foundation information page at
www.gutenberg.org.
 Section 3. Information about the Project
Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation’s EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West,

Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation’s website
and official page at www.gutenberg.org/contact

Section 4. Information about Donations to

the Project Gutenberg Literary Archive
Foundation
Project Gutenberg™ depends upon and cannot survive without
widespread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can
be freely distributed in machine-readable form accessible by the
widest array of equipment including outdated equipment. Many small
donations ($1 to $5,000) are particularly important to maintaining tax
exempt status with the IRS.

The Foundation is committed to complying with the laws regulating

charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and
keep up with these requirements. We do not solicit donations in
locations where we have not received written confirmation of
compliance. To SEND DONATIONS or determine the status of
compliance for any particular state visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where

we have not met the solicitation requirements, we know of no
prohibition against accepting unsolicited donations from donors in
such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make

any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of
other ways including checks, online payments and credit card
donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project

Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose network of
volunteer support.

Project Gutenberg™ eBooks are often created from several printed

editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.

Most people start at our website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,

including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how
to subscribe to our email newsletter to hear about new eBooks.