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Research On The Liability Of Multinational Corporation For Environmental Tort

Posted on:2013-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2246330374974379Subject:International law
Abstract/Summary:
With the great improvement of modern industrialization and theextensive use of lots of science and high technology, environmental torthas increasingly became a key issue of concern. The destruction ofhuman activities on nature and the imbalance of natural self-repaircapacity, have broken the original symbiotic status, caused the destructionof the ecosystem on which human live on, and affected human being’sdevelopment. Environmental tort differs from those traditional torts, thereare qualitative differences between both, concerning the aspect ofresponsibility principle, burden of proof, accountability approach etc.,and the specificity has a tremendous impact on the relevant existing legalconcepts, principles and systems. The economic globalization andinternational cross-border investment, have been followed bytransnational environmental tort. Multinational corporations useinternational investment, establish subsidiaries in the target country, and many other methods, setting up plants in developing countries, carryingout high-risk industrial production, and as a result, violating theenvironment of the host country and local residents.This article is divided into six parts. The first part introduces simplyabout the environmental tort liability of multinational corporation,including the legal status and the foundation. The second part deals withthe jurisdiction of the litigation. In this part, principle of inconvenientcourt has been introduced. The third part elaborates how to bear theliability for the multinational environment tort. The fourth does somediscussion about the responsibility principle of multinationalenvironmental tort. The fifth focus on how to bear the civil liability forthe multinational environment tort. Based in the tort liability law,this partdiscusses three way of bearing the civil liability,including violationsexclusion,compensation for the losses and restitution. The last partanalyses the2011Bohai Bay oil spill caused by ConocoPhillips.
Keywords/Search Tags:Multinational Corporation, Environmental Tort, Principle of Inconvenient Court
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