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Legal System Studies On Environmental Responsibilities Of Multinational Corporations

Posted on:2013-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q TangFull Text:PDF
GTID:2246330377459052Subject:Economic Law
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As one of the protagonists in the world economy,not only did the multinationalcompanies lead to the development of the world economy by investment and trade,but alsoincreased the environmental burden of the original ecology of the host country and otherregions,causing enormous environmental damage to the local people and the environment. Alot of efforts have been done by the governments and civil society organizations,to protect theglobal environment, to form a global "sustainable development". For example,in2010, theUnited Nations called on the whole world to transition to a low carbon economy,adding thatmultinational companies are the main power of transformation. The company’s environmentalresponsibility philosophy is evolved based on the theory of environmental responsibility.More specifically,domestic regulations are getting into international agreements and the mainresponsibility is developing from simplification to diversification. Moreover,the voluntaryresponsibility regulation is gradually developed into combination of mandatory and voluntaryphase-mode. Thus,it is helpful for the companies,especially the multinational companies toundertake corresponding environmental responsibility on their own initiative.The legal system of the multinational environmental responsibility is researched in thispaper based on the aforementioned situations and ideas. It covers the following five parts.Thefirst part is the introduction where the background of multinational environmentalresponsibility legal system is mainly studied and the significance of the legal system ofmultinational environmental responsibility is pointed out. Further more,present backgroundof international and domestic system are organized. Finally,the detailed description of thewriting ideas,research methods and innovations are presented. The basic concepts involved inthe definition of multinational environmental responsibility have been described in the secondpart. Firstly,multinational companies and corporate environmental responsibility are analyzed.Next,the concepts of multinational environmental responsibility and the characteristics aresummed up. Finally,the necessity of multinational environmental responsibilities are pointedout respectively. Some legal issues concerned the reality of multinational environmentalresponsibility are discussed in the third part. Firstly some main conventions and practice areanalyzed. secondly, on the legislative statuses of environmental responsibility in developed countries and developing countries have are analyzed respectively. Lastly,the author cites twoclassic environmental cases,pointing out the resistance and defects in the application of law.In the fourth part,the legal systems involved in multinational environmental responsibility areorganized and summarized. This chapter mainly discusses the system of environmentalresponsibility distribution, the disclosure of environmental information, the environmentalinsurance responsibility. In addition, The status of mother-child relationship betweenmultinationals is explained,and legal personality negation system is presented in this chapter.The fifth part is mainly concerned with the legal system construction of multinationalenvironmental responsibility. First of all,in terms of international legal regime,we shouldestablish an environmental responsibility concept. We should create a law network of globalcorporate environmental responsibility. Secondly,from the specific system from China’smultinational environmental responsibility system,the specific and detailed environmentalresponsibilities of multinational companies are introduced. The principles and systems whichwere to be followed by the company’s environmental responsibility are determined andimproved.
Keywords/Search Tags:Multinational corporations, Environmental protection responsibility, Informationdisclosure, Responsibility insurance
PDF Full Text Request
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