Title Page
Abstract
Contents
I. Background 12
1.1. Investment activities and pollution transfer of multinational corporations 12
1.2. Public nuisance cases caused by pollution transfer of famous multinational companies in history 24
II. General Introduction 30
2.1. The concept and characteristics of multinational corporations 30
2.1.1. The concept and formation process of multinational corporations 30
2.1.2. Legal status of multinational corporations 38
2.1.3. Characteristics of multinational corporations 40
2.2. The Concept and Characteristics of Environmental Legal Responsibility of Multinational Corporations 41
2.2.1. The theoretical basis of environmental legal responsibility that Multinational Corporations should bear 51
2.2.2. The origin of environmental legal responsibility of multinational corporations 61
2.2.3. Strengthening of international environmental movements and environmental legislation 65
2.3.1. Relationship between environmental legal responsibility of multinational corporations and environmental responsibility of multinational corporations 71
2.3.2. Relationship between Multinational corporations and host country companies' environmental legal responsibility 81
III. International legal regulations on multinational corporations 83
3.1. The rules of international community regulates the environmental liability of multinational corporations 83
3.1.1. National legislation 88
3.1.2. International environmental law 91
3.2. Relevant rules of intergovernmental international organizations 102
3.2.1. International treaty 102
3.2.2. Analysis of International Customary Law of Environmental Legal Responsibility of Multinational Corporations 110
3.3. Guidance and supervision of non-governmental international organizations 112
3.3.1. Guiding principle 116
3.3.2. Standard evaluation mechanism 118
IV. Discussion about the allocation of the liability burden for the environment tort 120
4.1. The principle of liability of environmental responsibility of multinational corporations 120
4.1.1. Principle of liability for environmental civil liability of multinational corporations 126
4.1.2. Principle of liability for environmental criminal responsibility of multinational corporations 132
4.1.3. Principle of liability for environmental administrative responsibility of multinational corporations 135
4.2. The mode of commitment of environmental legal responsibility of multinational corporations 142
4.2.1. Environmental responsibility 142
4.2.2. Multinational corporations investing in contracts 147
4.2. The background of the responsibility of the multinational parent company for its subsidiaries: 148
4.2.1. Theoretical basis 150
V. Private International Law Issues on Environmental Legal Responsibility of Multinational Corporations 157
5.1. Jurisdiction of transnational environmental legal responsibility 157
5.1.1. Doctrine of Forum Non Convenience 161
5.2. The legal application of environmental legal liability of transnational corporations: the determination of conflict rules and applicable laws 169
5.2.1. The law of the land of tort 172
5.2.2. The most closely related land method 173
5.2.3. A law that benefits the victim 174
5.3. Recognition and enforcement of the court in international civil litigation 177
Conclusion 179
Reference 185