Part III The Sources of International Responsibility, Ch.35 Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law

It is possible for damage—whether to persons, to property or to the environment—to occur within the territory of a State, or in a zone outside national jurisdiction, as the result of activities which take place under the authority of another State. Is the liability of that second State engaged in the absence of any wrongful act, and in particular, in the absence of any failure to comply with the obligations of prevention incumbent upon it under international law? A priori, the existence of so-called ‘significant’ damage, in the sense in which that term has been...