Two digital distribution initiatives launched in 2001 by the majors (i.e. the leading music corporations) MusicNet and Pressplay could have resulted in 80 per cent of the world's commercially available recorded music forming a distribution duopoly.

87. In its 1990 award in the Rainbow Warrior case, the arbitral tribunal referred to the text of draft article 31 provisionally adopted by the International Law Commission, as well as to the commentary thereto, and concluded that France could not invoke the excuse of force majeure to preclude the wrongfulness of the removal of Major Mafart from the island of Hao for health reasons, in violation of the agreement between the Parties.