随着科学技术的迅猛发展,跨界污染事件越来越多,影响也越来越大,这就涉及到国际损害责任制度的确立。所谓国际损害责任,即“国际法未加禁止之行为引起有害后果之国际责任”,该制度的确立对跨界环境污染的规制具有重要意义。但是,作为一种新型责任形式,它与传统国家责任的关系有待探讨,其法理基础、归责原则、责任主体与适用范围也未形成定论,本文主要对上述问题做一粗浅讨论。 With the rapid development of science and technology, there are more and more cross-border pollution incidents and more and more influence. This involves the establishment of an international responsibility system for damage. The so-called responsibility for international harm, which is “the international responsibility of harmful consequences caused by acts not prohibited by international law”, is of great significance for the regulation of transboundary environmental pollution. However, as a new form of responsibility, its relationship with traditional state responsibility needs to be explored. Its legal basis, the principle of imputation, the subject of liability and the scope of application have not yet reached a conclusion. This article mainly discusses the above issues in a nutshell.