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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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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.

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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

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. 2] Penasthika (ibid). [3] 4] Penasthika (n 1), 179.