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UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form. The Draft Treaty is still being negotiated and amended. The Draft Treaty complements soft law in the same area, namely the UN Guiding Principles on Business and Human Rights.

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Zeitschrift für Vergleichende Rechtswissenschaft (ZVglRWiss) 122 (2023) Issue 3: Abstracts

Conflict of Laws

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 civil law literature for several years now.

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Third Issue of Journal of Private International Law for 2023

Conflict of Laws

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. The article concludes that the courts have not applied the reciprocity principle in a consistent manner.

Laws 78
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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

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.

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This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention

Conflict of Laws

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.

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

Patently O

The Leaked Draft Even before the official release of the EU Proposal, a significant amount of material has become publicly available. 2023) Tribunal A new federal court EUIPO, an EU administrative agency Authorization of collective negotiation of aggregate royalty burden No Yes Binding effect Binding in U.S. and EU proposals.

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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

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.