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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA). Germany of the Federal Constitutional Court, the focus of the decision is not on fundamental rights, but on administrative questions of climate governance and enforcement.

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“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Conflict of Laws

As a supplement, Paragraph 2 provides that “notwithstanding the preceding paragraph, foreign-related civil disputes that have other appropriate connections with the People’s Republic of China may fall under the jurisdiction of the People’s Courts.” npc/c2/c30834/202112/t20211227_315637.html>

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Report on the ABLI/HCCH 4th Joint Webinar on “Cross-Border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence“

Conflict of Laws

Having finally overcome the immediate constraints of the Covid-19 pandemic, this time the renowned speakers were able to elaborate more on the long-term development and visions in the practice of the two legal instruments with regard to their respective areas of law.

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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

These cross-border transactions present complex legal questions, such as the place where potential disputes will be adjudicated. This type of ‘unwritten’ jurisdiction agreement remains largely unexplored in the legal scholarship. The Choice of Law Analogy Implied choice of law is well-established in private international law.

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Third Issue of Journal of Private International Law for 2023

Conflict of Laws

To answer this question, the article explores primary and secondary sources from various jurisdictions around the world, including common law, civil law, and mixed legal systems, together with insights from experts in commercial conflict of laws.

Laws 78
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Chinese Case Law Collection Adds to the CISG’s Jurisconsultorium: Reflections on the United Nations Convention on Contracts for the International Sale of Goods and its Domestic Implementations

Conflict of Laws

The United Nations Convention on Contracts for the International Sale of Goods (‘ CISG ’), currently adopted by 95 States, is a treaty intended to harmonise the laws governing cross-border goods trade: and thereby promote trade itself. So much is made clear in its Preamble: The States Parties to this Convention , …. Pursuant to Art.

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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Conversely, Chapter One also acknowledges the book’s limitations, namely, that it only covers the express choice of law in international commercial contracts.