ClimateChange-ClimateLaw

DECEMBER 12, 2023

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany of the Federal Constitutional Court, the focus of the decision is not on fundamental rights, but on administrative questions of climate governance and enforcement. Unlike in the 2021 landmark ruling in Neubauer et al.

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Conflict of Laws

JANUARY 5, 2023

Colleagues at the University of Heidelberg are organising this conference on 20 Januari 2023 at the. Although the European Succession Regulation has proven successful in practice, there are many open questions which the ever-growing body of European Court of Justice case-law has not yet answered. Programme: 1 p.m. Coffee break.

Procedural Law 52

Procedural Law Legal Legal Attorney 52

Conflict of Laws

OCTOBER 12, 2023

By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. In general, following the procedural law principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts.

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Court Tort Procedural Law Litigation 75

Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Tort Court Procedural Law Laws 52

Conflict of Laws

DECEMBER 19, 2022

The preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) exists to ensure the uniform interpretation and application of EU law. One such condition is that the question referred to the court must be applicable to the decision in the initial legal dispute.

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Court Cause of Action Laws Procedural Law 52

Conflict of Laws

OCTOBER 3, 2024

Broadly speaking, indirect jurisdiction refers to the jurisdiction of the foreign court in the context of recognizing and enforcing foreign judgments. Concretely, the court being asked to recognize and enforce a foreign judgment evaluates whether the foreign court had proper jurisdiction to hear the dispute. I (2017) 151.)

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Conflict of Laws

FEBRUARY 8, 2023

A conference on “The Law of Treaties as Applied to Private International Law” will take place at the Catholic University of Milan on 5 and 6 May 2023, under the auspices of the Italian Society of International Law and EU Law (SIDI) and the European Association of Private International Law (EAPIL).

Laws 40

Laws Procedural Law Court 40

Conflict of Laws

JANUARY 18, 2024

In instances where multiple representative foundations seek to bring proceedings for the same event without reaching a settlement up to a certain point during the proceedings, the court will appoint an exclusive representative. This procedural detail adds an additional layer of complexity to the dynamics of collective actions under the WAMCA.

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Court Procedural Law Legal Legal 78

Conflict of Laws

AUGUST 19, 2024

Alongside features commons to the courses of the initial period, such as the approach to the study of private international law, outlined by Pasquale Stanislao Mancini, and the comparative method, there are however distinctive and noteworthy features in the courses offered between 1973 and 2023.

Laws 59

Laws Procedural Law Litigating Litigation 59

Conflict of Laws

DECEMBER 16, 2024

(Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. For instance, in Jiahua International Limited, Ruixiang Limited v.

Laws 52

Laws Procedural Law Court Legal 52

Conflict of Laws

AUGUST 5, 2024

Key Takeaways: In June 2024, the China-ASEAN Free Trade Area Nanning International Commercial Tribunal under the Nanning Railway Transportation Intermediate Court in Guangxi ruled to recognize and enforce a Thai monetary judgment ( Guangxi Nanning China Travel Service , Ltd. 2023) Gui 71 Xie Wai Ren No. Orient Thai Airlines Co.,

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Court Procedural Law Contract Laws 49

Conflict of Laws

JANUARY 30, 2025

This work wishes to contribute to current debates transposing in the field of conflict of laws reflections surrounding non-human legal capacity by addressing legal problems a national (Italian) court might face should a non-human-based entity start proceedings in Italy. Pedone, 2023, p.

Procedural Law 59

Procedural Law Legal Legal Laws 59

Conflict of Laws

DECEMBER 13, 2023

Written by Wenliang Zhang (Associate Professor at Renmin University of China Law School), Haoxiang Ruan (PhD Candidate at Renmin University of China Law School), and William S. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law). Dodge (the John D.

Laws 75

Laws Litigation Litigating Court 75

Conflict of Laws

JANUARY 3, 2025

While the parties had chosen Dutch law to be applicable to the contract, the court held that the German provision was applicable in view of Art. 3 of the Rome I Regulation, which stipulates the application of mandatory provisions of the state in which the facts of the case are exclusively located if the law of another state is chosen.

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Notary Public Contract Laws Court 59

Conflict of Laws

DECEMBER 4, 2022

The Chinese Supreme People’s Court (hereinafter “ SPC “) issued “SPC’s Regulation on Several Matters Concerning the Jurisdiction of Foreign-Related Disputes” (hereinafter “ Regulation 2022 “), [1] which will enter into force on 1st January 2023. Background. 2 & Art.

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Court Litigating Litigation Procedural Law 40

Conflict of Laws

JULY 2, 2024

Theimer: The last arrow in the English courts’ quiver? Quasi-anti-suit injunctions’ and damages for breach of exclusive choice of court agreements This article analyses the last instance of failed integration of English common law instruments into the jurisdictional system of the Brussels regime.

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Contract Court Laws Procedural Law 52

Conflict of Laws

AUGUST 3, 2023

The EU Commission published a long awaited Proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD), COM(2022) 71 final, on 23 February 2022; the EU Council adopted its negotiation position on 1 December 2022; and now, the EU Parliament has suggested amendments to this Draft Directive on 1 June 2023. Common to Arts.

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Conflict of Laws

SEPTEMBER 12, 2022

On 9 September 2022, the Max Planck Institute for Procedural Law Luxembourg hosted a conference on the Brussels Ibis Reform, in collaboration with the KU Leuven and the EAPIL. The Brussels Ibis Regulation is certainly the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union.

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Procedural Law Drafting Court Laws 40

Conflict of Laws

MAY 20, 2024

Likewise, the Brussels I-bis Evaluation Study (2023) also examined how the Brussels I-bis applies to business and human rights disputes. This disclosure must adhere to national procedural laws. This could result in limited access to justice within the EU if relevant national rules do not establish jurisdiction.

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Conflict of Laws

JANUARY 10, 2022

One is the jurisdictional challenge of finding a competent court in the same jurisdiction as the individual users. [3] This constellation provides a strong argument for facilitating collective redress, as otherwise individual users may not be able to obtain justice for privacy infringements before the courts.

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Tort Litigating Litigation Finance 75

Conflict of Laws

MARCH 21, 2023

On February 23 rd and 24 th , 2023, young scholars came together at the Siegmund Freud University, Vienna, to discuss different views on private international law under the theme of “Deference to the foreign – empty phrase or guiding principle of private international law?”. 1(1) Protocol 2 Lugano Convention.

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Laws Family Law Legal Legal 52

Conflict of Laws

JANUARY 5, 2024

This post is the first of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. Non-state law becomes relevant within German PIL only when referred to by the state legal order, e.g. by interlocal or interpersonal conflict laws.

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Legal Legal Laws Court 59

SCOTUSBlog

OCTOBER 5, 2024

Share Twice in the past decade the Supreme Court has blocked Oklahoma from executing Richard Glossip. But even with the Oklahoma’s rare confession of error, both the state’s highest court for criminal cases and the state’s pardon and parole board turned down Glossip’s pleas for relief. 9, two former U.S.

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Court Attorney Court Decisions Court Rules 118

JURIST

SEPTEMBER 27, 2024

Japan’s Shizuoka District Court aquitted 88-year-old Iwao Hakamata on Thursday in a retrial, overturning his conviction after spending 48 years on death row. In 1980, his death sentence was finalized by the Supreme Court of Japan. In 1981, he requested a retrial.

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Court Procedural Law Government Laws 104

Conflict of Laws

AUGUST 12, 2024

Even more intriguingly, in jurisdictions where natural restitution is theoretically upheld as a principle – including Germany, Austria, Portugal, and Spain – its actual adoption by courts remains relatively rare. Or, conversely, does it represent an obsolete or unnecessary element of compensation law? 379–421).

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Laws Legal Legal Procedural Law 59

Conflict of Laws

DECEMBER 13, 2024

The Yearbooks latest volume features the following table of contents : DOCTRINE New Perspectives for the CIEC/ICCS and its Work Hans Van Loon Recent Developments of Japanese Laws on ADR A Perspective of International Civil Procedure Law Yasuhiro Okuda From Past to Future The Emergence and Development of Advance Choices Adrian D.

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Laws Contract Procedural Law Legal 40

Conflict of Laws

MAY 17, 2024

by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. Scotland, Northern Ireland), but is rather subject to re-examination by the competent court (e.g.

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Conflict of Laws

SEPTEMBER 14, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). Convention. Like the U.N.

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Conflict of Laws

FEBRUARY 1, 2023

Registration now open Dates: Friday and Saturday, 9 and 10 June 2023 Venue: Universitätsclub Bonn, Konviktstraße 9, D – 53113 Bonn Registration: sekretariat.weller@jura.uni-bonn.de Registration Fee: € 220.- Programme Friday, 9 June 2023 8.30 Young Scholars Rate (limited capacity): € 110.-

Procedural Law 52

Procedural Law Legal Legal Laws 52

Conflict of Laws

JUNE 21, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023 , taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Brexit and the Future of Private International Law in English Courts”, Oxford 2022.

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Drafting Laws Litigating Litigation 40

Conflict of Laws

AUGUST 31, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Brexit and the Future of Private International Law in English Courts”, Oxford 2022.

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Drafting Laws Litigating Litigation 40

Conflict of Laws

SEPTEMBER 28, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Brexit and the Future of Private International Law in English Courts”, Oxford 2022.

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Drafting Laws Litigating Litigation 40

Conflict of Laws

AUGUST 30, 2023

Final Update of 29 August 2023: New entries are printed bold. 79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp.

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Drafting Laws Litigating Litigation 98

Conflict of Laws

APRIL 4, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Drafting Laws Litigating Litigation 52

Conflict of Laws

FEBRUARY 15, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, registration now open , we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please also check the “official” Bibliography of the HCCH for the instrument.

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Drafting Laws Litigating Litigation 40

Conflict of Laws

DECEMBER 19, 2024

With that said, the Chronology of Practice: Chinese Practice in Private International Law in 2023 is now available, marking the 11th consecutive annual survey since 2015. Report on the Work of the SPC in 2023 II.B. New laws and the SPCs judicial interpretations II.C. Rules in the Civil Procedure Law 2023 III.B.

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Procedural Law Laws Law School Court 59

Conflict of Laws

MARCH 10, 2025

By Sophia Tang, Wuhan University Chinas New Civil Procedure Law adopted in 2023 and taking effect from 1 Jan 2024 introduces significant changes to the previous civil procedure law regarding cross-border litigation. One of the key changes pertains to choice of court agreements.

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