On the Jurisdiction of A Transboundary Pollution Damage Compensation Lawsuit
HE Yan-mei
Abstract
HE Yan-mei
Abstract
A transboundary pollution damage compensation lawsuit firstly involves the problem of jurisdiction,that is,which court has jurisdiction to the case.To the damage caused by the incident took place in the territory or within the jurisdiction of a country,the court in which the incident took place,or the damage is caused,or the defendant has habitual residence or major office has the jurisdiction to the damage compensation lawsuit.If two or more courts have the jurisdiction to the lawsuit at the same time,the way of solving the contradiction includes the following: mutual agreement;only the court who first received the case has jurisdiction;the damaged has the right of choice.
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A transboundary pollution damage compensation lawsuit firstly involves the problem of jurisdiction,that is,which court has jurisdiction to the case.To the damage caused by the incident took place in the territory or within the jurisdiction of a country,the court in which the incident took place,or the damage is caused,or the defendant has habitual residence or major office has the jurisdiction to the damage compensation lawsuit.If two or more courts have the jurisdiction to the lawsuit at the same time,the way of solving the contradiction includes the following: mutual agreement;only the court who first received the case has jurisdiction;the damaged has the right of choice.
Key concepts: Lawsuit, Jurisdiction, Law, Compensation (psychology), Damages, Subject-matter jurisdiction, Original jurisdiction, Business