ClimateChange-ClimateLaw

DECEMBER 12, 2023

On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. The judgment and the underlying (political and legal) conflicts are also interesting beyond their German relevance, as the case raises fundamental questions for climate governance.

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Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU. 7(2) Brussels I bis Regulation. 36 (1) No.

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Conflict of Laws

SEPTEMBER 11, 2023

Vesna Lazic and Peter Mankowski, The Brussels I-bis Regulation: Interpretation and Implementation, Edward Elgar 2023 (602 pp) This impressive book on the Brussels I-bis Regulation has just been published. It results from a project headed by Vesna Lazic (Utrecht University/T.M.C.

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Conflict of Laws

JULY 2, 2024

China’s top legislature has prioritized and made significant progress in foreign-related legislations across various legal domains, including civil, commercial, economic, administrative, and procedural laws.

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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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Conflict of Laws

JANUARY 30, 2025

2024/2831 on improving working conditions in platform work, aimed at identifying its overall rationale and the aspects that most directly reverberate effects on the EU conflict-of-law rules, the article investigates its interference with Regulation (EC) No. After a brief examination of the text of the Directive (EU) No.

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Conflict of Laws

FEBRUARY 26, 2024

While the process of digitalisation of judicial cooperation and cross-border procedures in the EU has been ongoing for some time already, the new Digitalisation Regulation represents a major step for advancing digitalisation practices in the EU. The Regulation will apply from 1 May 2025 – with some exceptions.

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Conflict of Laws

JANUARY 18, 2024

The legal bases of the claim are therefore abuse of economic dominance in the market (Article 102 TFEU) and prohibited vertical price fixing (Article 101 TFEU). These questions, if comprehensively addressed, have the potential to bring clarity to longstanding debates regarding jurisdictional conflicts in collective actions.

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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. Such a provision on forum non conveniens caused four problems in practice.

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Conflict of Laws

JUNE 21, 2023

A such warm-up academic initiative is a part of the main proceedings of the XVI ASADIP Conference2023 “PIL between Innovation and the Disruption”,which will take place between 10-11 August 2023 in Rio de Janeiro (PUC Rio and University of Estado do Rio de Janeiro – UERJ).

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Conflict of Laws

OCTOBER 3, 2024

The term “indirect” distinguishes this concept from its legal opposite: direct jurisdiction. Indeed, despite the legal reform introduced in 2018 (see infra ), UAE courts have continued to adhere to their stringent approach to indirect jurisdiction. However, as the case reported here shows this might no longer be the case.

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Conflict of Laws

JANUARY 3, 2025

Kahl: Security for legal costs before the Unified Patent Court compared to German and Austrian law (on UPC, Central Division Munich of 30 October 2023, UPC_CFI_252/2023) (German) The article takes a decision of the Unified Patent Court (UPC) as an opportunity to examine the discretionary provision on security for costs, Art.

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Conflict of Laws

AUGUST 5, 2024

2023) Gui 71 Xie Wai Ren No. In February 2023, in order to enforce the rights confirmed by the Thai Judgment, and considering that Orient Thai Airlines has multiple branches in China that may have executable assets, Nanning China Travel applied to the Nanning Court for recognition and enforcement of the Thai Judgment.

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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. The Origins a) Savigny’s approach One if not the core value of Private International Law is its neutrality and equality among legal systems.

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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.

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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. A similar provision to that effect can be found in the draft UN Legally Binding Instrument on business and human rights. This disclosure must adhere to national procedural laws.

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Conflict of Laws

JULY 2, 2024

25 Brussels Ibis Regulation and some questionable arguments that are derived from other legal instruments. Due to Brexit, the BGH, in its final decision of 8 December 2022 (IX ZB 72/19), had to apply German international insolvency law, which it interpreted differently from the EU Insolvency Regulation. 7(1)(b) Brussels Ia-Regulation.

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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

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?”.

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Conflict of Laws

JUNE 7, 2023

On 6 June 2023, the Mexican National Code of Civil and Family Procedure has been passed by decree issued by the Mexican president Andrés Manuel López Obrador. A specific procedure has been foreseen for the way in which it will be adopted in the Mexican states (see article 2 of the transitory articles).

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Procedural Law Lawyer Lawyers Laws 40

Conflict of Laws

AUGUST 12, 2024

Sandra Hadrowicz: Natural Restitution in a Comparative Legal Perspective – An Underappreciated Remedy or an Unnecessary Relic?, 278–306, DOI: [link] Natural restitution is one of the permissible methods for remedying damage in numerous legal orders. In some countries (e. In others (e. 379–421).

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Laws Legal Legal Procedural Law 59

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. Union Jack and European Union flag 2012 © Dave Kellam (CC BY-SA 2.0

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Conflict of Laws

DECEMBER 13, 2024

The latest volume of the Yearbook of Private International Law has been recently published, marking the 25th anniversary of its significant contribution to outstanding legal scholarship in the field of comparative private international law.

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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.-

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Procedural Law Legal Legal Laws 52

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 ). The Impact on China-U.S.

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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. EU Civil Procedure Law and Third Countries – Which Way Forward?, Brand, Ronald A.

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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. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99.

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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. A Commitment to Private International Law – Essays in honour of Hans van Loon, Cambridge 2013, pp 89-99.

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Conflict of Laws

AUGUST 30, 2023

Our sincere thanks go to all involved, not only at the conference and in the book project, but also to the legal scholars from around the world who have kept us constantly informed about publications of their own work on the HCCH 2019 Judgments Convention. Final Update of 29 August 2023: New entries are printed bold.

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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. International Law – A Practical Manual [Working Title], London 2022, pp. 8 (2021), pp. 819 et seq.

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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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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. EU Civil Procedure Law and Third Countries – Which Way Forward?,

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Conflict of Laws

OCTOBER 14, 2024

Written by Jidong Lin, Wuhan University Institute of International Law Background China’s newly amended Civil Procedure Law (“CPL 2024”), which came into effect on 1 January 2024, introduces several distinct and innovative changes.

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Conflict of Laws

DECEMBER 16, 2024

10), which according to Franzina was designed not primarily with civil law systems in mind, but rather for common law jurisdictions, who were assumed to have difficulties in asserting the public policy exception (Art. 301 Civil Procedure Law (2023). 7 (1) lit.

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Conflict of Laws

APRIL 28, 2025

Instead, the ECJ reaffirms its previous case law according to which the applicable law is to be determined pursuant to the private international law of the forum state. Samtleben: International Procedure Law in the National Civil and Family Procedure Code of Mexico.

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Procedural Law Manufacturing Court Laws 45

Above The Law

JANUARY 24, 2025

Premier Nutrition Corporation Judge Bade / Ninth Circuit / June 17, 2020 Case Overview The case revolves around Sonner’s attempt to secure equitable restitution under Californias Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) in a federal court sitting in diversity. Biden #1 Sanderling Management Ltd.

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The Crime Report

JANUARY 17, 2023

Return from when Trump and AG Barr in 2020 were politicizing the Russian investigation into the former president’s 2016 candidacy with Special Counsel Durham, to last week, the first full day of House business under the new Republican Speaker Keven McCarthy on January 10, 2023.

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