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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 ). Kobe Steel Ltd.,

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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. 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. Civil law cases.

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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. 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).

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

Conflict of Laws

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,

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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.

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Brand and Herrup on “A Hague Parallel Proceedings Convention”

Conflict of Laws

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.

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The EU’s Response to National Judicial Determinations of FRAND Royalty Rates

Patently O

As noted in the cited articles, European courts, following civil law 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.