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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.,
The Easy Opt-Out Model Settles the Perennial Dispute between Voluntary and Mandatory Mediation The contribution reflects on the desirability of soft regulation of mediation to strike a balance between the principle of voluntariness and providing a viable alternative to litigation, thus boosting the efficiency of the civil justice system.
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.
Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation. The Draft Treaty complements soft law in the same area, namely the UN Guiding Principles on Business and Human Rights. la France case, and the Swiss KlimaSeniorinnen case.
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.
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.
Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief. The text is available to order from Juta and Amazon.
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.
Its enforcement will rely inter alia on private law mechanisms. This article describes how private-law enforcement mechanisms so far have fallen short in ongoing human rights, environmental and climate litigation. The Law of 1 September 2023 as an Instrument for the Shaping of Customary International Law), pp.
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 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.
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.
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.
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.
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.,
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