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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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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.

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

ClimateChange-ClimateLaw

Further, the Act on Promotion of Global Warming Countermeasures (national legislation providing the general framework concerning the adoption and implementation of measures to combat global warming) was revised in May 2021. Civil law cases. Both courts took the position that the regulation of GHG emissions was a policy issue.

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Hague Service Convention Enters into Force in Singapore

Conflict of Laws

The enactment was accompanied by amendments to the Rules of Court 2021, Singapore International Commercial Court Rules 2021 and Family Justice Rules 2014.

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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

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. On the merits as well, the court ruled in favor of the plaintiffs.

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China’s 2022 Landmark Judicial Policy Clears Final Hurdle for Enforcement of Foreign Judgments

Conflict of Laws

As a landmark judicial policy issued by China’s Supreme People’s Court, the 2021 Conference Summary provides a detailed guideline for Chinese courts to review foreign judgment-related applications, including examination criteria, refusal grounds, and an ex ante internal approval mechanism. However, this situation is now changed.

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UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

Conflict of Laws

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. The relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.