国家损害责任的法理基础一般是国家行为的不法性或不当性。但是,随着技术进步和经济发展,一些国际法上不加禁止的行为对他国的资源、财产和人类健康造成伤害,这种情况国家承担责任的基础应当归为自然法的遵守、公平和正义的理论。 The legal basis for state injury liability is generally the wrongfulness or improperness of the state act. However, with the progress of technology and economic development, some unlawful acts in international law have caused harm to the resources, property and human health of other countries. In such a situation, the basis for assuming state responsibility should be categorized as natural law compliance, fairness and justice theory.