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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2011, Vol. 6 Issue (2) : 219-240    https://doi.org/10.1007/s11463-011-0126-4
research-article
ATCA as an Avenue of Overseas Environmental Protection and Its Implication to China’s Overseas Investors
Xiuli Han()
School of Law, Xiamen University, Xiamen 361005, China
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Abstract

The U.S. federal courts have civil jurisdiction over some torts claims with respect to the violations of law of nations or treaties concluded by the U.S. under the Alien Tort Claims Act (ATCA). Although the applicable scope of ATCA is very narrow from a historical perspective, it has extended much broader nowadays. Seeking remedy for environmental damage under ATCA is difficult, but ATCA is playing an important role in indirectly protecting overseas environment. Under the circumstances, China’s overseas investors who are causing serious environmental problems in developing countries and have direct investment or operation in the U.S. could be subject to the U.S. courts’ jurisdiction.

Keywords ATCA      overseas environmental protection      overseas investors     
Corresponding Author(s): Xiuli Han,Email:hanxiu777@xmu.edu.cn   
Issue Date: 05 June 2011
 Cite this article:   
Xiuli Han. ATCA as an Avenue of Overseas Environmental Protection and Its Implication to China’s Overseas Investors[J]. Front Law Chin, 2011, 6(2): 219-240.
 URL:  
https://academic.hep.com.cn/flc/EN/10.1007/s11463-011-0126-4
https://academic.hep.com.cn/flc/EN/Y2011/V6/I2/219
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