The Research Into The Application Of Forum Non Conveniens In Environmental Litigation Of Multinational Corporations

Forum Non Conveniens means： Although the court has jurisdiction in aparticular case, considering the convenience of the parties involved in litigation andcourt hearing cases, thinking it was not under the jurisdiction of the case. And if thecourts of another country the action also has jurisdiction, which is more convenientand in line with the interests of the parties and the public, then the court refused toexercise such jurisdiction. But in transnational environmental tort litigation practice,many plaintiffs cannot get judicial remedy. Due to the special nature of transnationalenvironmental violations: the unfair of the status of the parties, the spatial inequalitiesand court activities inequalities, environmental tort litigation on society as a wholehas a more important public interests. Environmental Encroachment litigation, if notproperly addressed, will not be able to suppress the frequent occurrence ofenvironmental problems, and unable to deal with environmental pollution givesenormous damage and earth. U.S. court applied the principle of forum nonconveniens is too flexible, resulting in a transnational environmental litigation in thelocal courts of the United States is often dismissed the action.The application of forum non conveniens is too flexible in U.S.courts.In the cases of more than50years ago, the court had held that the plaintiffwithout interference is a fundamental principle for the choice of the court, so thedefendant asked the court to apply forum non conveniens to bear the main burden ofproof. Forum non conveniens in reality little by little has changed. The courtdismissed the action often attach conditions to ensure that the alternative court willhear the case, and these conditions in turn have proven that the alternative court isinappropriate. While these conditions interfere with other countries’ judicialsovereignty rights. And there is not conducive to the protection of the plaintiffinterests. When court is in the judgment of the appropriateness of the alternative court,it will not consider the impact of substantive law; given less respect for the decisionof a foreign plaintiff status is the discrimination for foreign plaintiff; for public andprivate interest factors, the analysis of the interest factors is not exhaustive. The existence of the principle of forum non conveniens has its significance and necessity.However, based on previous analysis of forum non conveniens applying intransnational environmental tort litigation, I believe that the doctrine applies in aparticular case should be re-evaluated: repealing or restricting conditions that attachedto the verdict, giving equal respect to foreign plaintiffs and measuring private interestfactors and public interest factors objectively.The transnational environmental tort litigations are more important than othertort litigations. Forum non conveniens should be limited, and for ex-postenvironmental tort relief measures-----environmental tort liability system should begiven a high degree of attention, protecting the rights of the victims through litigation,and safeguarding the natural environment and harmony.