On Legal Control Of Pollution Transfer In Foreign Direct Investment

Foreign Direct Investment (FDI) has played an important role in China's national economy. It goes without saying that FDI makes great contribution to China's economic development. However, in today's society, development and environment have become the mutual concerned problems around the world. Every country is putting the sustainable development into a very important place. We should pay more attention to the fact that some foreign merchants invest on the Pollution-intensive Industries (PIIs) which worsens china's environment condition and accordingly stops China's sustainable development to some extent.Nowadays, Chinese experts have done lots of research work in the relationship between trade and environment. However, the research in pollution transfer in foreign direct investment is far from enough up till now. Most of the existing study is made in terms of economics. So, the deep research and analysis of the legal control of pollution transfer in foreign direct investment will have great realistic significance.According to the data of the Fifth Industry investigation, the amount of the PIIs accounts for 30% of the whole amount of the foreign enterprises. The amount of the MPIIs accounts for 40% of the PIIs. The investors are mainly from H.K, America, Japan and some developed countries and areas of Europe. Pollution transfer causes unfavorable influence to the Chinese environment.Looking economically, because there is a difference of the degree of the internalization of environment cost between the developed countries and ourcountry, the former make pollution transfer to our countries. Looking at the point of law, it is because the environmental standard between the developed countries and areas and our countries. Pollution transfer in foreign direct investment shows the interest conflict between the developed countries and the developing countries.There is not a similar system of the control of the dangerous waste transfer in the international law. The scattered provisions lack strict execution standards and powerful punish measures, which make it feeble. So we should use domestic law mainly to control pollution transfer. The relevant law exists in the provisions of the foreign direct investment fields and the provisions of the environment management. But there is no unite law on the environmental protect in foreign direct investment. And there is neither detailed provisions of examination and approve standards nor enough provisions of supervision to the subject of examining and approving.So we should carry out the sustainable development principle as we absorb foreign capital. We should improve our environmental standard gradually, enhance the control of the direction of foreign investment, execute the examining and approving law strictly, strengthen the environment manage law, and promote the foreign-investment enterprise to take social responsibility. And we should cooperate with other countries and promote new international treaty to be formed.