Liability for Lawful Acts

Under international law the term liability is intended to refer to situations according to which States have a duty to take reparatory and, at the same time, preventive measures vis-à-vis other States for damage caused, or likely to be caused, by activities—carried out, either directly by them, or by private operators—which are harmful though not prohibited under international law. These activities are usually useful but hazardous, such as industrial, mining, energy-production or transport activities. Actual or potential damage in connection with such activities is usually relevant under international law when it is of a transboundary nature and tends to fall within the framework of environmental law (see also → Liability for Environmental Damage), but not exclusively. For example, a State may also be held liable for damages or injuries to diplomatic or consular premises or personnel, even if it may not be held internationally responsible when damage has been caused despite all appropriate preventive measures having been diligently taken by the host State