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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 ). Kobe Steel Ltd.,
The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. 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. Civillaw cases.
Climate litigation in Germany has achieved another major victory. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. million tons of CO2 equivalent).
China has published a landmark judicial policy on the enforcement of foreign judgments in 2022, embarking on a new era for judgment collection in China. It is noteworthy that in March 2022, Shanghai Maritime Court ruled to recognize and enforce an English judgment in Spar Shipping v Grand China Logistics (2018) Hu 72 Xie Wai Ren No.1,
In their most recent article on A Hague Convention on Parallel Proceedings , 63 HARVARD INTERNATIONAL LAW JOURNAL ONLINE 1 (2022), Ron Brand and Paul Herrup argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts.
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.
As noted in the cited articles, European courts, following civillaw principles, have generally been averse to anti-suit injunctions in global FRAND cases, resulting in royalties for European patents largely being established elsewhere. Standard Essential Royalty Act (SERA) (June 2022) Proposed EU SEP Regulation (Mar.
; in Italian) The article offers food for thought on assisted negotiation in labour disputes introduced in the context of the recent reform of civil justice in Italy, which was enacted with Legislative Decree No 149/2022. In doing so, it enhances the role of mediation, which is of coexistence with litigation.
It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. Litigation is a never-ending process and is only increasing in numbers as the hours pass by. Balaji [17]. IS INDIA READY FOR TPF?
However, nothing prevents derogating from this principle by concluding international conventions or enforcing the civillaw component of foreign judgments rendered by criminal courts in criminal proceedings, which orders the payment of civil compensation. 57/2018 on the Executive Regulations of Law No. iv] Ibid. [v]
Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. 8/2022 of 1 February 2022) to foreign Muslims. In that case ( Appeal No.
Thirdly, no matter whether in common law jurisdictions or civillaw jurisdictions, when applying the doctrines of forum non conveniens or lis pendens , the foreign courts upholding the jurisdiction is an important consideration for domestic courts to reject the exercise of ones own jurisdiction. 5] Fa Fa [2025] No.
On 7 June 2022, the Supreme Court of New South Wales recognized and enforced two Chinese judicial mediation settlement issued by the People’s Court of Qingdao, Shandong Province China in Bank of China Limited v Chen. The common law and civillaw view the notion of judicial power differently.
1] See Zhou Qiang, ‘Explanation on the Civil Procedure Law of the People’s Republic of China (Draft Amendment)’ ( National People’s Congress of the PRC Website , (27 February 2021) <www.npc.gov.cn/npc/c2/c30834/202112/t20211227_315637.html> in Supreme People’s Court Gazette, Issue 2, 2022 (Total No.
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