Studies On International Liability For Injurious Consequences Arising Out Of Acts Not Prohibited By International Law

International liability for injurious consequences arising out of acts not prohibited by international law, ("International Liability" for short), is an important issue in public international law. It has received increasing attention worldwide. Conventions and international documents concerning the issue are being developed, and related theoretical discussions are also well under way. All these efforts will have a far-reaching impact on the establishment and perfection of the legal responsibility system under public international law. It is with this in mind that the writer attempts to review and research the system of international liability. This dissertation is divided into 3 chapters, totaling about 40000 words. Chapter I Discusses how the system of international liability came into being and its historic necessity, and attempts to examines in detail jurisprudence basis to justify the responsibility of a state, as the subject of international law, for transborder damages by natural persons and artificial persons. It also introduces the progress ILC has been making in compiling the draft for the international liability for injurious consequences arising out of acts not prohibited by international law. A summary of the current consideration of the content of the international liability by ILC is also presented. Chapterâ…¡ criticizes and refutes two theories on the relationship between the international liability for damage and the traditional state responsibility. It argues that though these two aspects differ in subjective factors, consequences of injury and the field that can be applied in, they are congenial to each other and can exist in the same international legal responsibility framework, thus form two bifurcating yet mutually supportive branches. Chapterâ…¢ rejects five erroneous views which assert that the nature of international liability for damage is lawful action liability or liability for consequences or liability for dangers or liability without fault or strict liability. It expounds that the basis of international liability for damage is acts violating international obligations incumbent upon states. The obligations are that state should take precautionary measures to prevent significant transboundary harm and that state shouldn't abuse of their rights.