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Chapter Summary

For more than thirty years now, the International Law Commission has been examining the topic of liability for injurious consequences of acts not prohibited by international law. The author believes that the efforts have been worthwhile and necessary. Change occurs at a slower pace on the international plane; States and international lawyers are more conservative, national sovereignty and the decentralized character of the international community make legal developments slow and difficult. Risk is behind and underneath instances of accountability in law other than regarding hazardous activities: negligent or reckless conduct is also the object of legal response. In managing risk, international practice shows that States have not limited themselves to prevention: they have also been concerned about compensation for transboundary damage caused by activities within their jurisdiction or control. The scheme of the articles on allocation of loss follows the general lines of treaty as well as other international practice.

Keywords: international law commission; national sovereignty



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