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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 original 2021 decision was the first time a court had ordered a private company to meet specific emissions reduction targets based on human rights obligations related to climate change.

Legal 217
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Climate Litigation in Japan: What to Expect in 2025

ClimateChange-ClimateLaw

In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. This blog post provides an overview of those cases and the broader landscape of climate litigation in Japan. Sendai Power Station ).

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

ClimateChange-ClimateLaw

Climate litigation in Germany has achieved another major victory. Unlike in the 2021 landmark ruling in Neubauer et al. Moreover, the case illustrates how contested some elements of Germany’s climate transformation have been since the 2021 Neubauer decision.

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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. Through May 2022, all existing climate litigation cases in Japan concern the construction or operation of coal-fired power plants and refer to citizens’ attempts to stop the use of coal. Civil law cases.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law 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.

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Traveling Judges and International Commercial Courts

Conflict of Laws

These courts are designed to accommodate foreign litigants and transnational litigation—and inevitably, conflicts of laws. A look at traveling judges’ backgrounds suggests that traveling judges might be a phenomenon limited to common-law countries, but only half of hiring jurisdictions are in common law states.

Court 97
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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.