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A Research On Legal Control Of Pollution Transfer In Foreign Direct Investment

Posted on:2015-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:X L YangFull Text:PDF
GTID:2266330428472288Subject:International Law
Abstract/Summary:PDF Full Text Request
In recent decades, economic integration and globalization of environmental protection have become trends around the world. Production factors, such as capital, labor and raw materials, flow freely among different countries. Multinational corporations, as an emerging representative of booming economy, become dominant power of global trade and investment. To some extent, the economic integration optimizes the allocation of resources and boosts the economy. However, the developing countries become places for providing raw materials and dumping wastes because of the political and economic discrepancies between developed countries and developing countries.Each country, especially the developed countries, begins to draft laws and policies to control the transfer of hazardous wastes in FDI. To establish a long-term effective system to coordinate economy and environment, America and Japan improve relevant legislation and environmental management system continuously, upgrade the environmental standards, introduce advanced technologies and adjust industrial structure, which provide valuable experience to China on how to deal with the relationship between the investment and the environment. International community legislates the transfer of pollution from both global perspective and regional perspective. Aiming to protect and improve the environment, people have reached a consensus on7points and26basic principles, which consists of the Stockholm Declaration. The Nairobi Declaration is the first to state the border-crossing feature of the transfer of wastes.At present, there are many defects and deficiencies on environmental standards, liability for damages, national obligations, legal execution and operation in these declarations, treaties and agreements. Improvements can be made from the following aspects:establishing the international investment legal system, improving the global damage compensation liability mechanism, promoting industrial upgrading in developing countries, setting up the system of environmental impact assessment, strengthening the international cooperation.
Keywords/Search Tags:FDI, Transfer of Wastes
PDF Full Text Request
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