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Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Civil law cases. Kobe Steel Ltd.,

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UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.

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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. Explicit jurisdiction clauses offer cross-border litigants the benefit of predictability by allowing them to anticipate where disputes arising from their commercial transactions will be resolved.

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25th Volume of the Japanese Yearbook of Private International Law (2023)

Conflict of Laws

In particular, it examines the recognition of ancillary judgments in divorce cases, concluding that they fall under article 118 of the Code of Civil Procedure. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.

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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

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The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

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The Dubai Supreme Court — Again — on the Enforcement of Canadian (Ontario) Enforcement Judgment

Conflict of Laws

The decision presented here raises a number of fundamental questions related to the proper understanding of foreign legal concepts and procedures and how they should be integrated within the framework of domestic law. Therefore, it deserves special attention.

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