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In 2003, the UN reported that “numerous problems arise” due to parallel institutions: In criminal law the most serious problem is the risk of double jeopardy. In 2023, Kosovo and Serbia agreed to EU-guided normalization procedures , but the agreement has failed to ease tension between the countries as of yet.
The book examines 15 Asian jurisdictions, representing a variety of legal systems, including civillaw (China, Taiwan, Japan, South Korea, Vietnam, Cambodia, Indonesia, and Thailand), common law (Hong Kong, Singapore, Malaysia, Myanmar, and India), and mixed jurisdictions (Philippines and Sri Lanka).
The third issue of the Journal of Private International Law for 2023 has just been published. The paper’s central question is whether implied jurisdiction agreements are globally valid and should be enforced.
A Commentary on the United Nations Convention on International Settlement Agreements Resulting from Mediation , Edward Elgar Publishing, 2023, ix-xxvi, 1-350. role of lawyers and their suitability to perform the function of rebalancing the asymmetries in the parties’ power.
ZVglRWiss 122 (2023) no. Phänomenologie und zivilrechtliche Einordnung von Kryptowährungen und anderen Kryptowerten Dörte Poelzig und Moritz Kläsener ZVglRWiss 122 (2023) 252–268 Crypto assets have been the subject of lively discussion in German civillaw literature for several years now.
JYPIL is a peer-reviewed journal that presents trends in academic research in the field of private international law in Japan, with high-quality discussion of the most important issues in the field from both Japanese and comparative law perspectives. Recently, the 25th Volume (2023) of JYPIL has been published.
In February 2023, the Tokyo District Court found that the Notice of Finalization, which had been issued through a simplified permitting procedure, was lawful. The case was appealed, and the final hearing was held before the Osaka High Court in October 2024.
Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023.
M/199, dated June 16, 2023). The law will enter into force on December 16, 2023, 180 days after its enactment (hereinafter referred to as “the new law”).
The international seminar “Vulnerability: a Matter of Perspective(s)”, is scheduled to be held online on Friday, 29 September 2023, starting at 10 a.m. The seminar is centered around Private International Law (PIL). Candidate in CivilLaw at the University of Camerino. CET on Microsoft Teams.
Written by Mayela Celis The eighth meeting of the Special Commission on the Practical Operation of the 1980 Child Abduction Convention and the 1996 Child Protection Convention will be held from 10 to 17 October 2023 in The Hague, the Netherlands. For more information, click here. It is submitted the following: 55.
The second edition, published in March 2023, provides a refined explanation of the law to be applied as it relates to, (i) civil jurisdiction over commercial disputes involving a foreign element; (ii) the enforcement of foreign judgments; and (iii) the availability and nature of the interim remedies in each of the sixteen jurisdictions addressed.
However, in the wake of the above Case, the notion of an implied jurisdiction agreement drew limited scholarly research attention (for instance, see Kennedy, (2023); Kupelyants, 2016 ). In our latest article , published in the 2023 edition of the Journal of Private International Law , vol.
Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Kobe Steel Ltd.,
The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ).
The description of the book reads as follows: Thus far, private international law issues relating to punitive damages have mainly been dealt with from the perspective of several European countries. In conclusion, overarching insights from the Hague Conference are formulated.
The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024.
September 2023 als Instrument zur Gestaltung des Völkergewohnheitsrechts (Immunity of Foreign States Under the Law of the People’s Republic of China. The Law of 1 September 2023 as an Instrument for the Shaping of Customary International Law), pp.
The Swiss Federal Supreme Court (Bundesgericht) published a leading decision on recognition and public certification of foreign conversions of ancient law pay paternities (Zahlvaterschaften) into paternities with civil status effects on June 15 th , 2023 ( decision of Swiss Federal Supreme Court 5A_81/2022 of May 12 th , 2023 ).
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. Guest Post by Professor Jorge L. and EU proposals. Table 1 Comparison of Recent U.S.
This is an important point, as the Draft Treaty leaves it up to the State Parties to determine whether the human rights violations are best dealt with in administrative, criminal, or civillaw (Art. Such “mandatory due diligence” is also relevant in climate litigation ( Rajavuori, Savaresi & Asselt (2023).
Before the ADCFC, Y argued that the case should be dismissed because a previous judgment had been rendered on 28 December 2023 by the same court (ADCFC) on the same matter between the same parties. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ). 267/2023 of 12 December 2023. Weller et al.
This article introduces the history of Chinese law adopting the doctrine of forum non conveniens in the past years, and the development of Chinas law revision in 2023. For instance, in Jiahua International Limited, Ruixiang Limited v.
The first panel will focus on global and comparative private international law. The second panel will examine contemporary English conflict of laws, through the lens of Trevor’s famous ICLQ article on the systematic dismantling of the common law of conflict of laws.
On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. In particular, the court did not follow the government’s argument that a “climate action program” adopted in 2023 fulfills the requirements of an immediate action program, because these are two different measures under the CCA.
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> npc/c2/c30834/202112/t20211227_315637.html> Sharp Corporation.,
10), which according to Franzina was designed not primarily with civillaw systems in mind, but rather for common law jurisdictions, who were assumed to have difficulties in asserting the public policy exception (Art. 301 Civil Procedure Law (2023). 7 (1) lit. 25 of the 2019 HCCH Judgments Convention.
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