1 Under international law the term liability is intended to refer to situations according to which States have a duty to take reparatory and—somewhat surprisingly, also preventive—measures vis-à-vis other States for damage caused, or likely to be caused, by activities carried out under their jurisdiction, irrespective of the unlawfulness of the conduct by the origin State. The activities in question—such as industrial, mining, energy production, or transport activities—are usually lawful but hazardous and are carried out by private operators. Actual or potential...
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