Journal of Dali University ›› 2022, Vol. 7 ›› Issue (7): 46-55.DOI: 10. 3969/j. issn. 2096-2266. 2022. 07. 007

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On the Extraterritorial Jurisdiction in the International Environmental Civil Public Interest Litigation

  

  1. School of Law， Fudan University， Shanghai 200433， China
  • Received:2021-12-06 Online:2022-07-15 Published:2022-07-06

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Abstract: The application of long-arm jurisdiction in international environmental civil public interest litigation will not only help to regulate the behavior of foreign subjects harming China's environmental public interest， but also promote the oversea enterprises to shoulder the obligation of protecting international environmental public interest. In the application of extraterritorial jurisdiction， it is necessary to establish the guiding position of the "principle of long-term common interests of mankind"， expand the international connotation of "social public interests"， and use the standard of "long-term common interests of mankind" as the applicable conditions for long-arm jurisdiction instead of "minimum contacts".Based on equal consultation， the long-arm jurisdiction and its counterbalance mechanisms of international environmental civil public interest litigation have been incorporated into multilateral treaty law. While contributing China's legal power to solve global environmental problems， it also takes into account the respect and protection of judicial and environmental sovereignty of other countries.

Key words: font-family:", ">international environmental civil public interest litigationfont-family:宋体, ">；font-family:", "> long-arm jurisdictionfont-family:宋体, ">；font-family:", "> building a community with a shared future for mankind

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