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On Liability Bearing And Litigation Of Multinational Company's Environmental Tort

Posted on:2005-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Y DingFull Text:PDF
GTID:2156360125956689Subject:Environmental and Resources Law
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Multinational company plays more and more important role in global economy. They bring prospeorus chance to developing country including so- called "Overflowing environmental benefit" in some area, at the other hand some MNCs have been accused of using out-standard techniques in developing country evading strict supervision in mother country. The international society and states governments haven't made obvious progress of establishing conduct code for MNC though they have made many efforts in that.Some victims of MNC's environmental torts put lawsuits in MNC's mother country especially in USA. Such as Bhopal series lawsuits haven't achieved final conclusion from 1984 till now. The research shows there is big comparative interest for the plaintiff who choose transnational litigation in USA which arise from following items mainly, punitive compensation, contingency fee, strict administrative regulation which enhances the diligence duty on companies, joint liability especially in Superfund relative acts.According to different management relation between parent company and subsidiary, parent company may undertake joint liability with subsidiary based on the principal of "Piercing Corp's Veil". Parent company may bear direct liability if it is proved of negligence while it delivers some management service to subsidiary. There is also a legal risk for parent company to bear strict liability when it transfers high dangerous process and equipments if possible consequence with serious environmental tort, but it is still a theory discuss now not actually.The principal of "Forum Non Convenience" has been the obstacle mostly in transnational environmental tort lawsuits in USA court. But from recent case, judge showed some variance to stick to this principal, which predicts the loose of the principal under specific conditions. "Protecting the victim" principal has been adopted in many new treaties of private international law and national legislation regarding to environmental tort, but which don't cover USA.The reformation of company law and conflict law can bring better protection to plaintiff in MNC's environmental tort, but it will impact the balance with international investment and free trade. It is needed to expand the visual field in current legal system, such as enhancing mother country's responsibility, facilitating the Court of Permanent Arbitration in Hague, which will help to coordinate and resolve the investment benefit of MNC and the responsibility of MNC's environmental tort.
Keywords/Search Tags:Multinational Company (MNC), Environmental Tort, Liability, Litigation
PDF Full Text Request
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