| With the continuous development of world economy and trade are increasingly frequent, economic globalization brings to the world of one of the most significant impact is the rapid development of multinational companies. Multinational companies to integrate the resources of the global economy, to achieve the optimal allocation of resources, and be able to pull the economic growth of developing countries. But multinational companies as well as economic globalization, it is a double-edged sword. Multinational companies in the business activities of the implementation of a series of bad for the environment behavior to the host country environment brought very bad influence. Chemical pollution, Marine pollution and so on environmental tort emerge in endlessly. Such as the world wide attention of India Bhopal gas leak case, the British oil company BP oil spill, conocophillips, leak case in our country, etc.Developed countries have a relatively complete environmental legal system, naturally enough way to deal with multinational environment tort; In developing countries, low environmental standards, a large-scale environmental tort victims often get effective relief. Even if the final victory also tend to have experienced a long suit, and the compensation is also difficult to make up for the loss. Multinational company is relying on the developed countries and developing countries shall carry out the double standard of environment law differences between:will does not conform to the poisonous and harmful projects of its parent company’s own law and environmental standards in the host country, invest in host countries, to acquire huge profits. Thankfully MNC in the host country invasion on the implementation of tort has caused the wide attention of the society. Many scholars at home and abroad have launched more thorough research to the problems.The first part of this article from the definition of multinational companies, through the analysis of the structure and characteristics of the multinational company that multinational companies will lead to a series of legal problems, especially the large-scale environmental tort accident. And to analyze the basis of the multinational corporation environment responsibility mainly includes the corporate social responsibility and benefits for the host country weak added two aspects; Then the second part analyzes the multinational company after implementation of the environmental tort, victims can choose relief way:Sue in host countries, in a multinational parent prosecution and in ATCA against three ways. And detailed analysis of the advantages and disadvantages of each kind of relief channel, but no matter what kind of remedy methods has its formidable obstacles; The third part summarizes the domestic and international environmental responsibility legislation present situation and the insufficiency. The world has not been able to effectively regulate a powerful multinational environment tort laws and regulations. China’s domestic law as a whole did not establish a perfect system of environmental tort liability, also lack for multinational environment tort laws and regulations; Finally, in view of the above mentioned problems from the international and domestic two aspects put forward the perfect multinational environment tort liability law countermeasures. These countermeasures include:in the world should attach great importance to the apply of ATCA, give full play to the role of the ATCA relief by the infringer in order to achieve the purpose of; Using the structure of the parent-subsidiary particularity, by the multinational parent law regulating the behavior of the parent company; To pay attention to in the judicial practice in domestic law perfect for multinational parent-subsidiary corporate personality denial system standards; Improve the system of compulsory environmental liability insurance; And do criminal liability, administrative liability and civil liability of the comprehensive coordination. |
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