国际法主体在从事了国际法不加禁止的行为,而对他国造成实际损害时,是否应当承担法律责任,承担这一责任的法理基础是什么?此类问题越来越引起国际法委员会和各国的重视。本文主要讨论了跨界损害责任的法理基础,又阐明了中国在跨界损害领域中的基本立场和积极举措。 What is the legal basis for the international law body to undertake such responsibility when engaging in acts that are not prohibited by international law and actually causing damage to other countries? What are the legal bases for such responsibility? These issues are increasingly aroused by the International Law Commission and all countries. This article mainly discusses the legal foundation of liability for transboundary harm and also expounds China’s basic position and positive measures in the field of transboundary damage.