Remove Civil Law Remove Construction Remove Tort
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.

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. As this open-ended definition suggests, public nuisance is a slippery tort.

Insiders

Sign Up for our Newsletter

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

Trending Sources

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 110
article thumbnail

New issue alert: RabelsZ 2/2021

Conflict of Laws

. – This article investigates the law and economics of extreme sports sponsoring in a comparative perspective. It is based on 40 structured interviews with sponsored athletes from various common law and civil law jurisdictions. This permits us to refer to obligatio naturalis as a universal legal construction.

article thumbnail

Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

This was further supported when the Criminal Law Act, of 1967 did away with these crimes and torts of “maintenance” and “champerty”. Chunder Mookerjee[31] that “TPF agreements are not inherently contrary to public policy”.

Finance 52
article thumbnail

Victimization vs. Criminalization: The Trump Predicament 

The Crime Report

They prefer to falsely vilify the Democratic opposition and President Biden’s “crime family” while blaming an imaginary “deep state” and very real federal and state judicial departments for “weaponizing” the discriminatory wheels of law enforcement against the former president.

Tort 135