Part III The Sources of International Responsibility, Ch.34 The Concept of Liability in The Absence of an Internationally Wrongful Act

Although the legal regime and mechanisms for State responsibility for internationally wrongful acts are well-established (in practice by international case law and in theory by academic writings as well as the work of the ILC), the notion of a regime of (State) responsibility in the absence of an internationally wrongful act is far from clear: indeed, the very existence of this liability is disputed, at least as a customary principle. Commentators have employed the terms ‘liability without fault’, ‘liability for risk’, ‘objective liability’, ‘causal liability’,...