Font Size: a A A

The Research On Environmental Liability Of Multinational Corporations In China

Posted on:2013-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2246330377454330Subject:International Law
Abstract/Summary:PDF Full Text Request
Multinational corporations’ investment in China is a double-edged sword. On the one hand, the capital and technology they brought to china promoted China’s economic development, and helped China Integrated into the world economy. On the other hand, what the multinational corporations brought to China were not only leading technology、advanced management concepts and numerous money,but also environmental pollution and destruction. When multinational companies promoted China’s economic development, they also exacerbated the deterioration of the environment. There is no doubt that Multinational companies need to undertake environmental liabilities, but there are some uncertainties, jurisdiction is one. Many factors made the jurisdictional issues more comprehensive, such as the complexity of the multinational organizational structure、the competing interests between countries and the particularity of environmental infringement. This article hopes to find more reasonable solutions to jurisdictional disputes though the analysis of jurisdiction, at the same time, the article also combing the related laws to make some suggestions. On the basis, the paper divided into the following sections:Part one:Multinational corporations’activities in China and the damages. This section describes the development of multinational corporations in China and the status quo of environmental damages they brought to China, and the reasons were analyzed to address the question that multinational corporations undertake environment liabilities without delay.Part two:An overview of the multinational environmental liability. This part parses the basic concepts involved. On multinational corporations, there is no consensus among the international at present, what’s more, different international organizations also have different definitions on their own perspectives. The perspective and the focus of research are distinct in different fields, it’s naturally to get different conclusion, so, there is no need to have a unified view, contrary, the unity of ideas may hinder the development of research. Academics also have no consensus on the definition of environmental liability. Author’s views were given on the basis of actual needs and existing theory. In order to improve the regulations, the paper combines the laws which regulate the multinational environmental behavior. Although the substantive laws that can applied in the regulation of multinational environmental behaviors are not uncommon, however, no matter international laws or domestic laws have defects. At the last of this part, author compares the similarities and differences of the environmental liability between multinational corporations and local companies.Part three:Jurisdiction and the regulation of environmental liability. This part introduces the basis of jurisdiction from three levels. Firstly, the jurisdiction principles were internationally accepted, such as territoriality principle, nationality principle, jurisdiction by agreement and effect principle, which has not been widely accepted but benefit in the field of environmental. Every principle has strengths and weaknesses, especially the weaknesses, which should take largely responsible for the existence of the conflict of jurisdiction. Secondly, the introduction of international treaties involve environmental jurisdiction. The international treaties provide a way for jurisdiction disputes, however, these conventions have inherent flaws, for example, each convention has a limited scope of application. Thirdly, author introduces the basis of jurisdiction of our country that can be applied in multinational environmental behavior. As some scholar say, the jurisdiction system of our country is perfect now, but author thinks there still has space to be better.Part four:Settlement of multinational jurisdictional disputes and Reflection of legal system. This section discusses the resolution of multinational jurisdictional disputes from two aspects, the theoretical principles and the practical principles. International has formed some widely accepted principles to resolve jurisdictional disputes currently, including the principle of effectiveness, the principle of convenience and so on. These principles solve the jurisdiction disputes from all aspects and different angles. The doctrine of Forum non Convenience and the principle of international cooperation are widely used in practical. Author describes the Doctrine of Forum Non Convenience in detail, including its origin、 the application in case of Bhopal in India and its pros and cons. Unfortunately there is a very awkward situation in judicial practice in China, on the one hand, the law in China does not contain explicit provisions on the principle of forum non-convenience, on the other hand, the principle were used to deal with a number of cases by the courts, whether the principle should established in China also debating in academia. Author think China can establish the principle and put forward own reasons on the basis of comprehensive analysis the proponents and the opponents view. At the last of this section, author made some suggestions on the system of jurisdiction, such as the necessary court of competent jurisdiction、 learning foreign principles to create some new basis of jurisdiction and so on.
Keywords/Search Tags:Multinational corporations, Environmental liability, theDoctrine of Forum Non-convenience
PDF Full Text Request
Related items