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A number of multinational environmental tort litigation

Author: SuZuoZuo
Tutor: DuXinLi
School: China University of Political Science
Course: International Law
Keywords: Multinational Environmental tort Litigation
CLC: D997.3
Type: Master's thesis
Year: 2008
Downloads: 113
Quote: 1
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Abstract

Developed and developing countries in environmental policy standards and the level of environmental protection there is a huge difference, so since the seventies of last century, is headquartered in developed countries, multinational corporations began enthusiastically to developing countries to carry out commercial activities. Performance was less than the national environmental standards in the host country, and even violations of environmental laws in the host country, to undermine the development and production, causing a large number of environmental issues, a serious violation of the environmental rights of local residents. Multinational environmental tort is different from the infringement in the general sense. Multinational companies environmental tort is usually infringement results more serious, the number of victims of many, the responsibility of accountability not only for direct infringement liability, but also related to the multinational parent company and affiliates. Lag due to the development of international law in the environmental field, and such infringement cases the interests of all parties entangled and intricate, the current level in international law and domestic law are not for the plaintiff to provide effective relief. International level, the environmental legal system has not been established, there are a lot of controversy on the subject of international law status of transnational corporations and natural persons, multinational environmental tort plaintiff difficult international dispute settlement mechanism to obtain relief. As a result, many victims turn to the solution of the domestic litigation, and want to be able to obtain a more reasonable amount of compensation to the multinational parent or affiliated companies of developed countries, where the court. As a large number of multinational companies headquartered in the United States, or with associated companies in the United States, the U.S. litigation system more conducive to such plaintiffs, the United States courts to become the first choice of many multinational environment, the plaintiff filed tort litigation, This study focused strictly in infringement litigation filed by the victims of a violation in the United States for the environment of the multinational parent company. But this domestic litigation attempt yet to make multinational environmental tort litigation in the plaintiff to get rid of the problems facing international law. Multinational home country seat of the court against the national law applicable in the infringement occurred outside, so the plaintiff in the search for causes of action had to undertake to prove the responsibility of the international environmental law. Norms in the international environmental field in the form of a \causes of action requirements. Even if the plaintiff can prove that international environmental law has been violated, the dominant position of the plaintiff and the defendant, International Environmental Law is still questioned by the U.S. Court of And because such violations involve many of the host country, the economic and political interests of the home countries of transnational corporations, and multinational global strategy, the United States Court for the economic benefits and investment policies and other considerations, the prosecution dismissed the plaintiff's existence more power. These non conveniens doctrine is the court dismissed the plaintiff to prosecute the most commonly used tools such infringement cases. Infringement dispute in multinational environment at the international level and national level to solve the path the quest, you can find the crux of the problem and the solution lies in the level of international law. At the international level to develop specific and clear, enforceable laws and regulations, to recognize the dominant position of multinational corporations and natural persons in international environmental law within a certain range, or advance the development of specialized multinational environmental tort settlement mechanism at the international level and must be through institutions, in order to effectively solve such infringement dispute, to avoid being victims of serious harm to the proceedings nowhere, environmental justice is further distorted from happening.

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