I just realized how boring this paper sounds:
Paragraph 2 is also similar to Article 10 of the draft articles recommended by the WCED’s Experts Group on Environmental Law, which aims to prevent “transboundary environmental interference or significant risk thereof which causes substantial harm” (emphasis added). The present provision extends liability not only to physical harm, but also to the risks of that harm, allocating the loss of potential damage to the State that takes on the risky activity.