2 4. Taking into account that, in the instant judgment, the Inter-American Court found that the payment of compensation for loss of earnings made by the State “is reasonable in the terms of its case law,” I conclude that it considered this payment to be fair and, consequently, that it was unnecessary for the Court to proceed in a subsidiary or complementary manner in this regard.6 Eduardo Vio Grossi Judge Pablo Saavedra Alessandri Secretary (b) does not involve a burden out of all proportion to the benefit deriving from restitution instead of compensation. (Emphasis added by the author) 5 Article 36 of the draft Articles on State Responsibility for an internationally illegal act prepared by the United Nations International Law Commission: “Compensation 1. The State responsible for an internationally unlawful act is obliged to compensate the damage caused by this act to the extent that the said damage has not been repaired by restitution. 2. The compensation shall cover all damage that can be financially assessed, including loss of earnings insofar as this has been proved.” (Emphasis added by the author) 6 Paragraphs 245 and 246 of the Judgment.