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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. See Japanese Court Upholds Mistakes in post-disaster Energy Policy in Yokosuka Climate Case Decisions.) Sendai Power Station ).

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

ClimateChange-ClimateLaw

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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

ClimateChange-ClimateLaw

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Kobe Civil Case) In September 2018, a group of 40 citizens sued Kobe Steel Ltd., Kobe Steel Ltd.,

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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

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

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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. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

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

Conflict of Laws

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. This issue could not be simpler in India.

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

Conflict of Laws

From the Italian Recovery and Resilience Plan to the guidelines of the Italian Ministry of Justice, the urgency of a reform to strengthen out-of-court dispute resolution procedures clearly emerges. In this article, the author argues that these court orders are against the above-mentioned Legislative Decree.

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