论作为新型国家责任的国际损害责任

A New Type of State Responsibility: Responsibility for International Damage

传统的国家责任建立在国际不法行为的基础上,是一种过错责任。然而,随着时代的进步和科技的发展,一种以严格责任作为归责方式的新型国家责任出现了,即国际损害责任。联合国国际法委员会在传统国家责任之外,专门就国际损害责任开展了编纂活动。国际损害责任作为一种严格责任源自国内法。它的法理基础在于"行使自己的权利应不损及他人的权利"这一法律原则。尽管国际损害责任存在不成熟的地方,但是我们不能否认严格责任已经被引入国际法。同时,应当认识到国际损害责任在短期内不可能形成国际习惯,因为它严重依赖国际条约。

Traditional state responsibility is the legal consequences caused by international wrongful acts of a state, which is a kind of fault liability. However, with the development of the times and science and technology, there appears a new type of state responsibility, that is, state responsibility for international damage, which is decided by the standard of strict liability. United Nations International Law Commission has included the responsibility for international damage in the codification of international law besides traditional state responsibility. Strict liability has origins in domestic law but has been extended to international law in recent years, and its legal basis is the principle that ＂In exercising his own rights, the individual is not to violate the essential right of anyone else＂. Although not a very mature legal principle, state responsibility for international damage has already been included in international law. But at the same time, we should recognize that it can not become an international custom in the short term because it deeply depends on the regulation of international treaty.