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A Netherlands appeals court overturned a landmark 2021 ruling requiring Shell to cut its carbon emissions by 45 percent by 2030 on Tuesday. The court cited the company’s duty of care to mitigate climate change risks. The case has been closely watched as a potential precedent for corporate climate accountability.
The Constitutional Court in Karlsruhe, Germany, ruled Thursday that Berlin’s Rent Cap Act is unconstitutional as it has undermined Germany’s Basic Law. The Act came into force last year, and its provisions are now deemed void as of April 2021. It froze rental rates for 1.5
In the 2018 case, the plaintiffs were found not to have standing because their interest in not suffering damage from climate change was not considered an individual interest to be protected (see Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe for more discussion).
International commercial courts —domestic courts, chambers, and divisions dedicated to commercial or international commercial disputes such as the Netherlands Commercial Court and the never-implemented Brussels International Business Court —are the topic of much discussion these days.
The Peruvian civil code traditionally did not allow fathers to register their children without revealing the identity of the mother, a situation that violated the right of equality. For that reason, Ricardo Moran came to the Constitutional Court of Peru.
The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civillaw cases.
Judge Siofra O’Leary, the Irish judge at the European Court of Human Rights (ECHR), has been elected the President of the ECHR. Judge O’Leary will be the first female President elected since the court’s establishment 63 years ago. She files this dispatch from Dublin. Her election was announced last Monday.
Spanning 226 pages across six chapters, the book aims to be the leading English-language text on private international law in Indonesia. Indonesia, a civillaw country, has legal principles influenced by Dutch traditional private international law, owing to its colonial history. Pereira (Supreme Court decision 376 K/Pdt.
The EU Commission’s Proposal of 1 December 2021 outlines, in its introductory Recitals: “Efficient cross-border judicial cooperation requires secure, reliable and time-efficient communication between courts and competent authorities. How will this initiative improve the way in which authorities communicate?
On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Unlike in the 2021 landmark ruling in Neubauer et al. Germany of the Federal Constitutional Court, the focus of the decision is not on fundamental rights, but on administrative questions of climate governance and enforcement.
The enactment was accompanied by amendments to the Rules of Court2021, Singapore International Commercial Court Rules 2021 and Family Justice Rules 2014. Parties may agree on service by post in most common law countries, including Singapore.
The book examines 15 Asian jurisdictions, representing a variety of legal systems, including civillaw (China, Taiwan, Japan, South Korea, Vietnam, Cambodia, Indonesia, and Thailand), common law (Hong Kong, Singapore, Malaysia, Myanmar, and India), and mixed jurisdictions (Philippines and Sri Lanka). Springer, 2017) 601–611.)
However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. First Appeal: DSC, Appeal No. Second Appeal: DSC, Appeal No.
The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.
Key takeaways: Despite the fact that the elaboration of a judicial interpretation appears to have been put on hold, China’s Supreme People’s Court has now resorted to conference summaries, which are not legally binding but have a practical impact, to express its views in recognition and enforcement of foreign judgments.
The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill.
When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.
Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. 8/2022 of 1 February 2022) to foreign Muslims. In that case ( Appeal No.
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.
A civillaw breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. What did the Supreme Court decide in Smith ? Smith appealed.
The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules.
This, in turn, facilitates the CISG’s global jurisconsultorium: whereby courts, arbitrators, lawyers, academics, and other interested stakeholders can influence and receive influence in relation to the CISG’s uniform interpretation. Instead of asking why any given court has failed to apply and respect Art. Pursuant to Art.
It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civillaw legal systems. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g. Still, English courts seem to struggle to differentiate between compensatory and punitive damage awards.
Andreas Bucher (last updated 2021): www.andreasbucher-law.ch ; Umbricht attorneys (2017): www.umbricht.ch/de/schweizerisches-internationales-privatrecht-iprg 1294 (1990), 1295 , “Translation of Legal Texts: Three English Versions of the Swiss Federal Statute on Private International Law”). Walter König, 11 Mich. For example, art.
Judicial mediation is a unique dispute resolution mechanism in Chinese civil procedure. Wherever civil disputes are brought to the court, the judge should, based on parties’ consent, mediate before adjudicating. Zilin Hao, Anjie Law Firm, Beijing, China. Judicial Mediation Settlement can be classified as ‘Judgment’.
The following comment has been kindly provided by Sarah Ott, a doctoral student and research assistant at the University of Freiburg (Germany), Institute for Comparative and Private International Law, Dept. It is also a continuation of the English courts’ case law on contractual choice of law clauses.
It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.
Dodge (Professor, University of California, Davis, School of Law). Should courts in the United States refuse to recognize and enforcement Chinese court judgments on the ground that China does not provide impartial tribunals or procedures compatible with the requirements of due process of law?
The Apex Court itself identified these outrageous costs as one of the major reasons responsible for the hindrance to the growth of arbitration [12]. Common law traditions that are being followed in India have been acquired from the UK but still the doctrines of “maintenance” and “champerty” have not been followed strictly here.
It features the following articles: Horst Eidenmüller: Recht und Ökonomik des Extremsport-Sponsorings in vergleichender Perspektive, Volume 85 (2021) / Issue 2, pp. 273-325 (53), DOI: 10.1628/rabelsz-2021-0002. The Law and Economics of Extreme Sports Sponsoring in Comparative Perspective. to 52.9 % since 2004.
Considering this principle, parties in a civil suit enjoyed unrestricted access to modify their pleadings under Order VI Rule 17 of the Indian Civil Procedure Code, 1908. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction. Order VI Rule 17 applies to such situations. However with the case Cropper v.
The degree to which “conscious or unconscious bias” might influence application of these standards in particular cases would be particularly hard for an outsider to gauge, given the highly opaque and even secretive OPA process, which the report says “mirrors to some degree the inquisitorial system utilized in civillaw countries.”.
Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes.
Iceland brings to the attention of the European Court of Human Rights (ECtHR) the no longer new, yet persistently complex, question of the determination of legal parenthood following international surrogacy arrangements. The Court has indeed no difficulty in qualifying the bonds existing between the two women and their child as ‘family life’.
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