The Analysis To Conflict Rules Of Applicable Laws In Multinational Environment Tort

In today’s world, the accident of a large-scale environmental pollution is nolonger a country’s internal problem, as its impact and involved groups are oftenbeyond a nation’s border. Therefore, we urgently need to conduct relevantresearches on the issue of the transnational environmental infringement so as tostandardize it.At the legally post-relief level, though the uniform substantiveconventions are important and play an irreplaceable role in the adjustment oftransnational environmental tort law application, they usually specialize for aparticular area with narrow range of adjustments, and the number of thoseconventions and their contracted states are limited too. Due to the influence ofthese factors, the majority of cross-border environmental torts are often reducedto the adjustments of conflict rules. On another hand, although there are fewspecially applicable laws for transnational environmental torts in internationaltreaties and domestic legislation for the present days, it has been a developmenttrend of private international law to formulate applicable laws specialized for the particular forms of infringement.This dissertation is divided into four chapters.The first chapter describes the unified conflict rules of transnationalenvironmental tort. It contains two parts. The first part is about the unified rulesof conflict in certain areas of civil liability for environmental damage ofinternational treaties, mainly in the field of nuclear energy, trans-bordermovements of hazardous waste, and conflict rules on environmental protectionand liability of damage to the treaty. The second part is the unified rules ofconflict of the tort law applicable to international treaties, including the Rome IIrules, the Netherlands, Belgium, and Luxembourg Uniform Law Convention onprivate international law and the Bustamante Code.The second chapter is the conflict rules of national laws. This is alsodivided into two parts. The first part is about special conflict rules specialized toadjust the cross-border environmental tort in some countries includingSwitzerland, Belgium, Japan etc., and about what discussions Chinese scholarsin the field of private international law have made concerning the change of environmental tort legislation. Although to date, the number of special conflictrules developed for the transnational environmental tort is small, it is thelegislative trend of countries in the future. The second part is about the generalconflict rules of other national laws applying to transnational environmentalinfringement, including the infringement of the law, party autonomy law,enabled law of the victim, the most close connected laws, the parties to personallaw, the lex fori, good law, the government interest analysis, and the moredamage to the contents of the law.The third chapter summarizes the characteristics of the general conflictrules applicable to cross-border environmental tort, and it explores the trends ofdevelopment on this basis, which include the lex fori still occupy an importantposition,the commonly used selective conflict rules, and sorting the mode ofapplication, the victims of a favorable applicable laws to more and morecountries, party autonomy and the principle of close contact with theintroduction of the tort law, as well as certain to retain the overlapping rules ofthe conflict. The fourth chapter is that based on the legal development of applicableenvironmental tort laws in our country, it analyzes the problems and makesuggestions for improvement. In China, the current legislation does not make aspecial cross-border environmental tort conflict rules, but it adopts adjustment ofthe general tort conflict rules. However, this practice causes great problems.Consequently, the author believes that this issue can be improved from bothinternational and domestic aspects. In the international arena, the nation shouldactively participate in relevant international treaties. And on the other hand, thenation should formulate the conflict rules determined by main result of damageto law and complemented by the laws for the benefits of victims.