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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

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. 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.

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25th Volume of the Japanese Yearbook of Private International Law (2023)

Conflict of Laws

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.

Laws 59
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Giustizia consensuale No 1/2023: Abstracts

Conflict of Laws

Whilst doing so, it makes a contribution to the question of whether the de-judicialisation taking place in Italy and elsewhere, as well as in the international legal system, can be considered a step in the right direction. role of lawyers and their suitability to perform the function of rebalancing the asymmetries in the parties’ power.

Legal 59
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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. 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.

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Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

ClimateChange-ClimateLaw

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. Background information about the general climate context and litigation in Japan is available in a previous blog post.

Court 108
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The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslim and the Complex Issue of International Jurisdiction

Conflict of Laws

Although the decision is rendered by a first instance court and is likely to be appealed to higher courts, and potentially overturned, the facts of the case and the ADCFC’s ruling provide interesting elements for further legal analysis and debate. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ).

Divorce 52
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UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

Conflict of Laws

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 case at hand is an appeal on a part of an earlier rulings.