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Shell wins appeal in landmark Netherlands climate case

JURIST

In the original 2021 decision , the District Court of The Hague found that Shell had a legal obligation under Dutch civil law to align its emissions reduction targets with the goals of the 2015 Paris Climate Accords. The court cited the company’s duty of care to mitigate climate change risks.

Legal 217
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Germany top court rules Berlin rent cap is unconstitutional

JURIST

The Constitutional Court in Karlsruhe, Germany, ruled Thursday that Berlin’s Rent Cap Act is unconstitutional as it has undermined Germany’s Basic Law. The rent cap was enacted in February 2020 as an attempt by the local government to stifle rent hikes and gentrification. It froze rental rates for 1.5

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Europe rights court: Turkey liable for freedom of expression right violation

JURIST

The European Court of Human Rights (ECHR) on Tuesday ruled that the Turkey government violated Article 10 freedom of expression of the European Convention on Human Rights (ECHR) by imposing law on citizens which prosecuted them for insulting the president. Under the current law, tens of thousands of citizens have been prosecuted.

Court 181
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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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Human rights groups join WhatsApp suit against Israel spyware vendor

JURIST

A coalition of human rights groups joined Wednesday WhatsApp’s lawsuit against Israeli spyware vendor NSO Group and accused the company of selling Pegasus surveillance software to government agencies to target human rights activists under the guise of terrorism laws. The groups filed an amicus brief before the U.S.

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US Supreme Court hears oral arguments in commercial arbitral tribunals case

JURIST

ZF argued that it was limited adjudicative bodies that were created by the government and that exercised authority conferred by the government. Whereas Luxshare argued that the term was to be construed more broadly, encompassing essentially anybody governed by a foreign jurisdiction and its laws.

Court 193
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Out Now: Treatment of Foreign Law in Asia

Conflict of Laws

A book edited by Kazuaki Nishioka on Treatment of Foreign Law in Asia has just been published in the Hart Studies in Private International Law -Asia. The blurb read as follows: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case?

Laws 64