The Research On Environmental Law Of Multinational Corporations In China

Multinational corporations'investment in China is a double-edged sword, on the one hand they have brought technology and capital needed for economic development; On the other hand, the resources and environment has brought unprecedented pressure. some multinational companies in china, except with the advanced technology and management will be high pollution, high energy consumption production process transfer. However, the present circumstances of the legal system against multinational corporation is not perfect, and in most cases only the foreign-funded enterprises with domestic law of the relevant provisions. Also clear that multinational corporations'is not a single domestic economic organization. Contradictions, conflicts and loopholes would be difficult to avoid in the legislative regulation to the multinational corporations. Therefore, the legal loopholes in existing conflicts and contradictions, it is difficult to avoid. to this problem, the need to further research on international environmental law problems system, on research sectors and the way in international economic law and multinational company law to import of the multinational dimension of environmental laws. For the multinational corporations came in to China to set up, management, exit, and the responsibility shall be investigated of the logic of the one in charge and research legal questions concerning the environment.To the role of multinational investment into china, first of all the problems facing the investors is treated as standard. As required by WTO, national treatment is a basic principle. But for the considerations of security of host country's environment and resouces, restrictions or provisions exist in a certain extent, can be used as a national treatment principle of "exceptional". Currently, in China environmental permit system is gradually improving, but still can not be completely avoided in the establishment of transitional corporations of the various pollution transfer. In this connection, the legislative concept of the traditional foreign investment law should be changed, for the "country's environmental of resources priority of conservation" rise for a basic legislative concept; currently, the foreign-capital enterprise set up administrative examining system and environmental impact assessment system also needs to be further improved.In the environment of the legal problems caused by multinational corporations which have established subsidiaries in China can be divided into three categories: firstly, environmental infringement of multinational corporations; Secondly, multinational corporations trade or imported raw materials such as an excuse to transfer waste; thirdly, multinational companies enter into the exploitation of mineral resources and a threat to security issues of state environmental resources. The major reason is environmental legal costs were low; environmental standards law system and its auxiliary system is not perfect, all sectors of resources to the supervision of a poor offense. For this, should be to use tax policies as a means to guide the international environment management decision-making, which will be gradually consistent with domestic and international standards, to improve the legal control of the resource industry.In China multinational corporations with "high pollution, high-risk" production and marketing in industries, in case of serious pollution damage accidents will be faced with huge compensation. But the system of limited liability makes all subsidiaries in multinational companies have their own legal personalities and independent accountabilities, while the parent companies enlarge their leading power through their subsidiaries, their don't need to undertake this enlargement of the risks. In order to prevent such serious environmental risk caused by environmental violations from the host country, it should be consider the particular circumstances of that system, also learn from the "overall responsibility system" of the United States. In addition, In addition, the special protection of environmental tort creditors in the proceedings should be concerned.As the environmental tort in the process of the multinational corporations' bankrupt,though multinational parent company is usually the biggest shareholder, it can take advantage of the dominant position to make arrangements to ensure that their subsidiaries become the creditors who have prior claims in the insolvency procedure. Under this circumstance, once environmental tort disputes are involved in an insolvency procedure, it is likely to make other stakeholders in a very disadvantageous position, thus do great injustice to the environmental tort debtors. As far as current situation of china's bankruptcy legislation, on the issue of bankruptcy debt settlement, it simply provides for the allocation order of the estate in bankruptcy after paying the bankruptcy expense with priority in the bankruptcy procedure. It doesn't consider the special position of the creditor with special status in the distribution. Therefore,it is necessary to achieve environmental tort claims priority through perfecting legislation when it comes to the questions of bankruptcy of multinational corporation, and to consider the introduction of some judicial interpretation of foreign bankruptcy to make some special provisions of the claims and debts in environmental tort infringement.Also, we can consult other country's way to constitute the environmental liability insurance system.Besides,we should make further exploration and practice for the legal basement of the joint responsibility of the multinational parent company under certain circumstances to improve the relevant legislation.When the environmental disputes are investigated,the lawsuit will be happen because of the relationship with the parent company. For the reason of "inconvenient court"., it increases the legal uncertainty when the host country:treat the multinational environmental disputes.Therefore, the way of hoping to rescue the rights and interests of victims through a transnational litigation and foreign developed law is not as good as that of improving the our law of , especially, the relevant prescriptions of particular infringement (environmental tort infringements). There is no doubt that no single country can achieve these, we should develop international bilateral and multilateral cooperation, and seek reasonable and effective accountability mechanisms and solutions actively, on the basis of the spirit of international cooperation and the principle of respect of international comity.