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Tort Liability Of Multinational Investment In The Host Country Environment, The Main Problem

Posted on:2013-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:X X DengFull Text:PDF
GTID:2246330377454605Subject:International Law
Abstract/Summary:PDF Full Text Request
With the strengthening of the trend of economic globalization, the links between the countries was a general increase, not only the performance of countries in the political aspects of interoperability, frequent diplomatic, more reflected in the economy, that is, trade between the countries, which not only resources better optimize the allocation, accelerate the national economic level, and more to facilitate the development of all mankind, and more between cooperation and exchanges between the company, then the multinational as a link, does it promote The role is even more strikingly. Bring the technology and culture at the same time, it also brought pollution and damage, and due to its special status, national and international its control loopholes, but also makes the problems they face more severe. In the face of it brings a variety of damage, the most difficult regulatory violations, because we love to hate on multinational corporations, when faced with infringement of the accident, especially in developing countries, we can not just consider it punishment, we must also consider the long-term cooperation and development with them, so in the face of such cases, many countries have to consider the expense of the interests of the small group of people, in exchange for long-term interests, for multinationals may be superficial, for the future of the country is more good than harm, but with the vigorous development of the national offshore oil transport and mining cause a new problem has emerged, oil spill accidents occur frequently, the world’s continents, almost all suffered over oil pollution damage. People may focus on marine oil pollution from ships and oil spills more oil spill caused by offshore oil drilling accident occurred not more than a lack of understanding, but the pollution caused by the fact, and the Oil Pollution from Ships, the damage caused by offshore oil drilling accident more brutal. Because after all, is limited to the range of ship oil spill, its take plugging measures the relative drilling platform is also easier, and the oil spill caused by the drilling platform is not only difficult to plugging, and the impact of a wide range, even for the next few10years of eco-environmental impacts. Offshore oil drilling is often a huge project, you need a variety of technical and financial support, especially in developing countries, among this mining work often with multinational companies, use the other home countries due to the technical level, the restrictions have advanced equipment and technology to carry out the exploitation of oil, so the exploitation of offshore oil leakage of crude oil should be given more attention brought about by such cooperation. In this paper, paid little attention to the offshore oil drilling oil spill as the background, so select the Bahia Bay oil spill, for example, discussion of multinational corporations to invest in the host country’s environmental tort.In this paper, select the multinational environmental tort liability in the main identified problems to be discussed in the main responsibility, according to the existing subsidiary limited liability, joint and several liability theory of direct responsibility of the parent company and parent companies and subsidiaries, combined with the case of emerging "split determine the debts and liabilities between the parent and subsidiary companies to re-define the specific analysis of mother and accountability aspects of the problem of identification; the subject of rights, combined with the draft amendments of the2011amendments to the Civil Procedure Law, and multinational corporations to invest in such host environment infringement of a variety of situations, organizations and citizens standing to sue in the public interest litigation to be reconsidered. Combining these cases, the two proposals on the existing representative action system, that is to take representative actions and group litigation model of coexistence and the appropriate relaxation of the expansion of the judgment.
Keywords/Search Tags:multinational, environment tort liability, the mainresponsibility, subject of rights
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