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Max Planck Encyclopedia of Public International Law [MPEPIL]

Liability for Lawful Acts

Attila Tanzi

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Damages — Responsibility of states

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

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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