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Climate Litigation in Japan: What to Expect in 2025

ClimateChange-ClimateLaw

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. The Nagoya District Court will consider whether private actors can be held liable for their GHG emissions under Japanese tort law. Sendai Power Station ).

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Conference Report: The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law

Conflict of Laws

Formulated by the United Nations in 2015, they form the core of the 2030 Agenda and aim to enable people worldwide to live in dignity while respecting the earth’s ecological limit. Workers’ rights should be placed at the center, and laws as well as legal practices should also be evaluated from this point of view.

Laws 75
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Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. In its Nationally Determined Contribution , Japan has committed to reducing GHG emissions by 46% in 2030 from 2013 levels and achieving net zero emissions by 2050.

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Guest Commentary: An Assessment of the Hague District Court’s Decision in Milieudefensie et al. v. Royal Dutch Shell plc

ClimateChange-ClimateLaw

The court ordered Royal Dutch Shell (“RDS”) to reduce its emission by net 45% by 2030 in comparison to levels in 2019 – although without assertion of any unlawful conduct by the defendant (link to the judgement in English here ). Background. In the elaboration of the assessment (§4.),

Legal 81
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The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. See this article by Jim Rossi and J.B. LSEW adopted a similar resolution in 2021.

Lawyer 129
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Guest Commentary: Brazilian’s first tort climate case for illegal deforestation in Amazonia

ClimateChange-ClimateLaw

This article analyzes the main legal aspects argued in the petition. Brazil has committed explicitly to zero illegal deforestation in Amazonia by 2030 in its Nationally Determined Contributions. In the first Brazilian climate tort case, the MPF calculated the climate damage owed due to years of deforestation in an unprecedented way.

Tort 40
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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

This post examines the reform and highlights the important changes it introduces to the Italian legal system. First, it provides solid legal ground for public bodies in Italy to steer economic activities to pursue environmental (and climate) objectives. This reform bears thus a two-fold implication.