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New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. Such a prism is helpful if we want to rethink (as we must!)

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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

This holds for tort law (liability), criminal law, and administrative law. States have limited freedoms in the regulatory measures chosen; measures obliging business enterprises to carry out human rights due diligence must be legally enforceable (Art.

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BNP Paribas sued in France for financing fossil fuel companies

Conflict of Laws

If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. More specifically, the NGOs request that BNP publishes and implements a new due diligence plan, containing the measures explained in the writ of summons.

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Conflict of Laws - Untitled Article

Conflict of Laws

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

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Holding protest organizers liable for injuries

SCOTUSBlog

Willett also argued that the case would be foreclosed by Claiborne Hardware , and that the 5th Circuit panel decision would have imposed tort liability on protest leaders ranging from the Founding-Era Sons of Liberty to Martin Luther King. We should know more soon. Tune in next week when I’m proven wrong. Until next time!

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April 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Fish and Wildlife Service agreed to prepare a draft recovery plan for the jumping mouse by the end of January 2022, and to finalize the plan by the end of January 2023.

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