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LEX & FORUM Vol. 3/2022

Conflict of Laws

During an online conference on this topic, which took place on the 29 th of September 2022, we had the great honor to host a discussion between well-known academics and leading domestic lawyers, who have dealt with this topic in depth. We had the horror to welcome the presentations of: Ms. Chronopoulou.

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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.

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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. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.

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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. Rademacher then analysed whether punitive elements could be found in German tort law. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g.

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RabelsZ: New issue alert

Conflict of Laws

Issue 1/2022 of RabelsZ is out. It contains the following articles (including three open-access articles focusing on “Decolonial Comparative Law”): Johannes Ungerer: Nudging in Private International Law. The Design of Connecting Factors in Light of Behavioural Economics, Volume 86 (2022) / Issue 1, pp.

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Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

Considering India’s clear restriction on attorneys entering into conditional fee arrangements [24] , the researcher urge that India’s rules only enable participants to pursue funds straight without the participation of their legal counsel. As a result, in terms of arbitration proceedings, TPF’s legality cannot be questioned [32].

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Victimization vs. Criminalization: The Trump Predicament 

The Crime Report

While these political vs. legal interpretations of reality capture the moment in the ongoing saga of Donald Trump, I do not believe that the label of victim is “baked in” nor that his narrative of victimhood will be the prevailing one.

Tort 135