ATCA as an Avenue of Overseas Environmental Protection and Its Implication to China’s Overseas Investors

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

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