article thumbnail

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. Since 2017, five civil and administrative cases have been filed in Japan, seeking to stop the construction and operation of coal-fired power plants.

article thumbnail

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. Through May 2022, all existing climate litigation cases in Japan concern the construction or operation of coal-fired power plants and refer to citizens’ attempts to stop the use of coal.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

ClimateChange-ClimateLaw

Japan ) Two weeks later, a civil complaint involving the same facts received a first-instance judgment rejecting the request for an injunction to block the construction and operation of coal-fired power plants. Kobe Civil Case) In September 2018, a group of 40 citizens sued Kobe Steel Ltd., Kobe Steel Ltd.,

Court 115
article thumbnail

Promulgation of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases

Conflict of Laws

We translated the press announcement as follows: Background and Significance of the Interpretation People’s courts face the important issue of how international treaties and international practices are applied domestically in foreign-related civil and commercial trials.

Court 69
article thumbnail

Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

The Supreme Court of India (“SC”) and the Law Commission of India have characterised the law of limitation as a procedural law. Indeed, this is the prevalent position in the civil law jurisdictions.

Laws 98
article thumbnail

Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough.

article thumbnail

‘Giustizia consensuale’: A New Law Journal on Consensual Justice in Its Many Nuances and Forms

Conflict of Laws

In the last few decades, even civil law jurisdictions have witnessed an increase in the promotion of alternative dispute resolution. Some Constructive Criticism on the Consumer ADR/ODR Package ; in Italian). Il frutto di un buon esercizio del diritto ( Mediation. The Result of a Mindful Exercise of Rights ; in Italian).

Laws 76