Remove 2021 Remove Civil Law Remove Court Rules Remove Legal
article thumbnail

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

article thumbnail

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

ClimateChange-ClimateLaw

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. Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Conflict of Laws

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.

article thumbnail

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

JURIST

All of them are from CIED ( Centro de Investigación de los Estudiantes de Derecho , a student research center in UNSAAC’s faculty of law dedicated to spreading legal information and improving legal culture through study and research, promoting critical and reflective debate to contribute to the development of the country.

article thumbnail

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

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5]. Summary of Facts.

Laws 98
article thumbnail

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.

article thumbnail

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.