A Study About The Conflict Of Jurisdiction In The International Environmental Public Interest Litigation And Countermeasures

Abstract:The booming of the economy Bring multiple side effects, International environment has become a problem that can not be ignored. The victims of Environmental Torts cost a lot and get small response when initiate legal proceedings in other countries. International environmental public interest litigation should be A procedure can not be ignored in future’s International Environmental Litigation. Jurisdiction is the primary problem of litigation. In the process of International environmental public interest litigation, Objective existence the conflict of jurisdiction.In this paper, the jurisdiction conflict of the international environmental public interest litigation as the object of study. This paper firstly defined the concepts that related to the jurisdiction conflict of the international environmental public interest litigation. And made a comparison between the jurisdiction conflict of the international environmental public interest litigation and the jurisdiction conflict of The international civil and commercial litigation. Elaborated the necessity of discuss the conflict of jurisdiction in the international environmental public interest litigation alone. Next, this paper made a description about the reflection of the jurisdiction conflict of the international environmental public interest litigation. Focused on the analysis of the positive conflict. The remaining parts of this article looked deeper into the objective and subjective reasons why the jurisdiction conflict of the international environmental public interest litigation happen. And analysed the consequences of the jurisdiction conflict of the international environmental public interest litigation. According to the performance and reasons, the Author tried to solve the jurisdiction conflicts in the international environment public interest litigation and to make some recommendations, from basic principles, main factors, and mechanism. At the end of the article, the author Analysed the relevant legislation in Chinese practice. And tried to provide some useful references in analyzing the domestic legislation and practice how China solves the jurisdiction conflicts of the international environmental public interest litigation.