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Shell wins appeal in landmark Netherlands climate case

JURIST

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.

Legal 217
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Germany top court rules Berlin rent cap is unconstitutional

JURIST

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

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Climate Litigation in Japan: What to Expect in 2025

ClimateChange-ClimateLaw

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).

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Traveling Judges and International Commercial Courts

Conflict of Laws

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.

Court 97
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Peru dispatch: Constitutional Court ruling on father’s naming rights when mother’s identity unknown to him is a victory for equality

JURIST

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.

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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. 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. Civil law cases.

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EU dispatch: Irish judge elected first female ECHR president at challenging juncture

JURIST

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.

Civil Law 104