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Tort law applicable to transnational environmental studies

Author: XuZuoZuo
Tutor: JiangRuJiao
School: China University of Political Science
Course: International Law
Keywords: Transnational environmental tort Civil liability Harmonization of substantive norms Special conflict rules
CLC: D997.1
Type: Master's thesis
Year: 2011
Downloads: 203
Quote: 2
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Abstract


Industrial revolution, the people from the original production into the modern way of life, in the advanced mode of production, driven by science and technology gained rapid development of human society development outcomes in recent years far more than the outcome of the last few years sum. However, people in the enjoyment of these advances at the same time but had to withstand their negative impact. In recent years, the international community regarding transnational environmental infringement frequent incidents. These events not only to the nationals brings a lot of personal and property damage, but also greatly damaged the area covered by the relevant geographic and natural resources and ecological environment, a serious threat to human survival and development. In order to effectively transnational environmental control violations, the international community tends to assume transnational environmental tort liability approach to legal regulation. Transnational environmental tort liability is divided into two kinds of national responsibility and civil liability. State liability in the study suffered embarrassment after the civil liability tort main way to becoming the future to solve the primary means of transnational environmental infringement. China in the field of transnational environmental infringement have also established corresponding civil liability regime. Oil pollution damage in this specialized field of environmental tort, mainly through the country to join the treaty to be adjusted unified entity; addition, relevant international environmental tort civil liability for all legal issues are in accordance with China's domestic laws on general tort applicable norms be adjusted. However, faced with complex transnational environmental violations, the existence of China's current legal norms are not completely be resolved. The author describes and analyzes in this specialized field of environmental tort uniform substantive norms, domestic legislation with international treaties on transnational environmental tort on the basis of conflict rules, summed up the problems in our country, and to propose solutions to this issue. Overall, the paper is divided into three parts, introduction, body and conclusion. The text of which four chapters: The first chapter is an overview of transnational environmental tort liability. Including cross-border and transnational environmental environmental tort tort liability definition, characteristics, accountability and the way the law applicable to civil conflict. The second chapter is a unified transnational environmental tort liability entity specification resolved. Paper on oil pollution damage, damage to nuclear accidents and hazardous wastes and other specialized areas of damage outlined under the premise of a unified entity in accordance with international norms to solve the problem of the way the Environment Infringement advantages and disadvantages of each evaluation. The third chapter is the tort liability of transnational environmental norms to solve the conflict. This chapter first transnational environmental Infringement on the adjustment of the conflict rules from domestic and international perspective summarized. On this basis, both transnational environmental tort liability on the adjustment of the \The fourth chapter is the responsibility of transnational environmental tort law applicable perfected. Author for the application of the law in this area in the first three chapters of the proposal is based on the analysis of the current legal requirements through the problems and targeted to specific areas of transnational environmental tort liability system and the special conflict rules proposed recommendations.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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