Civil Law Construction Litigating 
ClimateChange-ClimateLaw
FEBRUARY 27, 2025
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. This blog post provides an overview of those cases and the broader landscape of climate litigation in Japan. Sendai Power Station ). Kobe Steel Ltd.,
ClimateChange-ClimateLaw
JUNE 1, 2022
The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Civil law cases. Kobe Steel Ltd.,
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ClimateChange-ClimateLaw
FEBRUARY 12, 2024
Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. 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.
ClimateChange-ClimateLaw
JUNE 26, 2023
On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. Background information about the general climate context and litigation in Japan is available in a previous blog post. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.
Conflict of Laws
JULY 11, 2021
If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. The use of alternative dispute resolution mechanisms in public interest litigation brings both substantial and procedural advantages. Some Constructive Criticism on the Consumer ADR/ODR Package ; in Italian).
LexForti
NOVEMBER 5, 2021
However, when a party seeks an amendment of pleading regarding constructive res judicata , the Civil Court must reject such application. [11] 11] This rule is not confined to regular civil proceeding but can be ordered even by a presiding judge in execution, insolvency, arbitration and matrimonial proceedings. [12].
LexForti
JUNE 2, 2022
It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. Litigation is a never-ending process and is only increasing in numbers as the hours pass by. Balaji [17]. IS INDIA READY FOR TPF?
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