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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. Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation.

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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

Explicit jurisdiction clauses offer cross-border litigants the benefit of predictability by allowing them to anticipate where disputes arising from their commercial transactions will be resolved. In our latest article , published in the 2023 edition of the Journal of Private International Law , vol.

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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. 36 would require SEP holders and implementers of FRAND-encumbered standards to request a FRAND rate determination by the Centre prior to initiating litigation over SEPs in a European court; 4 – Art.

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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. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation.