Font Size: a A A

Environmental Legal Responsibility Regulation Research On Transnational Corporation

Posted on:2016-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2296330479995400Subject:International Law
Abstract/Summary:PDF Full Text Request
Transnational corporations in the world economy plays a vital role in development, is the most important subject of international investment activities.Transnational investment in developing countries at the same time to bring their much-needed capital, technology and equipment, the development of environmental laws in the country is not perfect, lower environmental standards, in order to attract foreign investment while ignoring the interests of protecting their environment,resulting in many Transnational companies enjoy preferential treatment in developing countries, while rarely assume their responsibilities in the environment respect for the host country has caused tremendous damage.Environmental damage occurs frequently sounded the alarm for developing countries, governments and the international community have come to realize the control of transnational corporations in investment activities, the need to fulfill the specifications of its environmental responsibilities. China, as the world’s use of foreign capital to the country’s second investment by Transnational environmental problems has become more prominent. It also gives the Chinese government put forward a new challenge in the control of transnational corporations and to protect their environment, on the regulation of Transnational environmental responsibility is imperative.This paper mainly focus on the following to start:The first chapter Transnationals’ investment activities in the causes of environmental pollution were parsed; Transnational environmental responsibility for environmental obligations and legal responsibilities to make a distinction between environmental explanation, from the perspective of equity responsibility, sustainable development and corporate social responsibility demonstrated Transnational legitimacy fulfill environmental responsibility.The second chapter in the perspective of domestic law, the first from theperspective of the host country regulatory Transnationals, the US legal system on the environment, the European Union and in China-related investment activities were analyzed to explain the shortage of Chinese environmental laws; secondly from the home country TNCs regulatory perspective, the United States and the European Union introduced a Transnational home countries, regulatory environment for Transnational investment activities outside the legal system, from the perspective of the domestic law of the jurisdiction of the Multinational discusses the plight of domestic law conflicts with foreign Transnational control.The third chapter of International Law, mainly in international environmental treaties, international organizations and investment agreements, focusing on the model BIT with the United States, NAFTA, TPP core, analyze the defects and shortcomings in the regulation of its existence Transnational environmental responsibility, mainly in : Investment Agreement concerns over freedom of investment, ignoring the host environment to protect the public interest;environmental terms of the Investment Agreement to maintain the existing double environmental standards, is not conducive to curb pollution transfer Transnationals;arbitration of investment disputes in favor of Transnational corporations evade justice host jurisdiction.Chapter IV of the current system based on insufficient regulation of Transnational environmental responsibility, in order to improve our legal system a number of recommendations, in particular: the establishment of gradual improvement in the dynamic environmental standards; Improvement of the investment environment in terms of the agreement to form a Complete investment model agreement; promote gradually expand the scope of freedom of investment framework agreement on environmental responsibility of transnational corporations to achieve the greatest degree of control.
Keywords/Search Tags:Transnational Corporation, Environmental-responsibility, regulation, Investment rules
PDF Full Text Request
Related items