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Chapter Summary

This introductory chapter of the book deals with the legal consequences of hazardous activities carried out in the jurisdiction or under the control of a State when those hazardous activities cause, or threaten to cause, transboundary harm. In international law, reparation is allowed when wrongful acts of States cause transboundary damages. The works of the International Law Commission merit special attention, then, regarding both ex delicto responsibility and sine delicto liability. The most important feature of international liability is that compensation for transboundary damage is allowed even if no international obligation has been breached: only causation is relevant. Experience shows that risk minimization up front is usually more effective than reparation after the fact. The chapter discusses basic elements of liability.

Keywords: hazardous activities; international liability; sine delicto liability; States; transboundary damage



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