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

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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. 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.

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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

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

Laws 98
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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.,

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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. Even as successful cases against governments have blossomed, private suits face significant barriers.

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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

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. Pacta sunt servanda” is a fundamental principle in treaty law.

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

Conflict of Laws

Notes on Law, Psychology, and Practice ; in Italian). In addition, alternative dispute resolution mechanisms are in tune with the current changes in administrative law; there is a deep link between droit souple and justice douce , between soft law and ADR, between non-traditional substantive law and alternative administrative judicial review.

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