Civil Law, Government and Legal

Shell wins appeal in landmark Netherlands climate case

JURIST

NOVEMBER 12, 2024

This was a setback for the environmental advocacy group Milieudefensie, which sought legal avenues to enforce corporate climate action. The company noted , “We remain focused on delivering our climate strategy and believe that effective climate action requires a collaborative approach involving governments, industry, and consumers.”

Legal

Legal Legal Civil Law Government

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

ClimateChange-ClimateLaw

DECEMBER 12, 2023

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.

Litigation

Litigation Litigating Government Court

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

JURIST

OCTOBER 19, 2021

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. The case was brought before the ECHR in 2019 by Vedat ?orli.

Court

Court Civil Law Government Laws

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What Your Financial Statements Are Telling You—And How to Listen!

Uncovering The Hidden Connections: A Patent Family Survival Guide

Fresh Out of School: How to Become an Expert Paralegal

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Germany top court rules Berlin rent cap is unconstitutional

JURIST

APRIL 16, 2021

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

Court Rules

Court Rules Court Government Laws

Human rights groups join WhatsApp suit against Israel spyware vendor

JURIST

DECEMBER 26, 2020

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. DONATE NOW.

Government

Government Technology Legal Legal

Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

APRIL 13, 2023

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. The limitation in India is governed by the Limitation Act, 1963 (“Limitation Act”).

Laws

Laws Procedural Law Contract Government

Traveling Judges and International Commercial Courts

Conflict of Laws

JULY 6, 2022

Our article suggests that traveling judges are a nearly entirely common law phenomenon—only a handful of judges were from mixed jurisdictions and only one was a civil law judge. Common law courts may be especially amenable to traveling judges.

Court

Court Civil Law Litigation Litigating

Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

FEBRUARY 18, 2024

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.

Contract

Contract Litigating Litigation Civil Law

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

Conflict of Laws

JUNE 24, 2023

Like most of the civil law codifications in the region, the new law focuses mainly on the so-called “patrimonial law,” i.e., property rights and obligations (contractual and non-contractual).

Civil Law

Civil Law Laws Legal Legal

Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

ClimateChange-ClimateLaw

JUNE 26, 2023

et al. ) This blog post explores how the citizens in Kobe, a city in west Japan, attempted to stop the construction and operation of new coal-fired power plants through administrative and civil law actions. Nevertheless, the Japanese government chose to expand coal-fired power generation, which is a major source of emissions.

Court

Court Construction Litigation Litigating

Digitalisation of judicial cooperation: EU Commission’s Proposal on Cross-Border Videoconferencing in Court Hearings

Conflict of Laws

FEBRUARY 10, 2022

These considerations are equally important for individuals and legal entities, as getting effective access to justice in a reasonable time is a crucial aspect of the right to a fair trial, as enshrined in Article 47 of the EU Charter of Fundamental Rights of the European Union (the Charter).

Court

Court Legal Legal Civil Law

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

Laws

Laws Court Contract Legal

Review of Afifah Kusumadara, Indonesian Private International Law, Oxford: Hart Publishing, 2021, 288 pp, hb $140

Conflict of Laws

AUGUST 29, 2024

Spanning 226 pages across six chapters, the book aims to be the leading English-language text on private international law in Indonesia. Indonesia, a civil law country, has legal principles influenced by Dutch traditional private international law, owing to its colonial history. Luis F.S.S.

Laws

Laws Contract Tort Divorce

Third Issue of Journal of Private International Law for 2023

Conflict of Laws

FEBRUARY 13, 2024

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

Laws Divorce Contract Legal

5 Certificates to Get Under $500

Blackstone Career Institute

MAY 3, 2024

Foundations of Legal Research using LexisAdvance® Using the powerful tool LexisAdvance® , this online certificate course will expand your research capabilities, improve your writing skills, and teach you the ins and outs of computer-assisted legal research.

Paralegal

Paralegal Paralegals Tort Education

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

NOVEMBER 20, 2022

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.

Contract

Contract Laws Civil Law Legal

Service of process on a Russian defendant by e-mail. International treaties on legal assistance in civil and family matters and new technologies

Conflict of Laws

SEPTEMBER 16, 2021

24 of the 1984 Legal Aid Treaty with the provisions of Art. The following are excerpts from case law. ”- Keisuke Takeshita, “Sovereignty and National Civil Procedure: An Analysis of State Practice in Japan,” Journal of East Asia and International Law 9, no. 8 of the Treaty. 2 (Autumn 016): 361-378.

Legal Assistant

Legal Assistant Legal Assistance Technology Legal

The Dubai Supreme Court — Again — on the Enforcement of Canadian (Ontario) Enforcement Judgment

Conflict of Laws

JUNE 16, 2024

The decision presented here raises a number of fundamental questions related to the proper understanding of foreign legal concepts and procedures and how they should be integrated within the framework of domestic law. Therefore, it deserves special attention. Second Appeal: DSC, Appeal No. Subsequently, X appealed to the DSC.

Court

Court Legal Assistance Legal Assistant Legal

Explained: Validity of Stamp Paper [6 Months or 3 Years?]

LexForti

OCTOBER 19, 2021

Any transaction gets legal validity, once being executed on a stamp paper of proper value. It brings legal authenticity to any valid agreement. Be it an agreement or a documented business transaction; if legal sanctity need to be added, one should execute it on the legal stamp paper. Government of Delhi.

Legal

Legal Legal Government Court

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

AUGUST 23, 2023

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.

Contract

Contract Laws Civil Law Procedural Law

Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

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

Litigation

Litigation Litigating Laws Tort

Delhi HC dismissed civil suit filed against 5G on grounds of being defective and vexatious

LexForti

JUNE 4, 2021

In the instant case, the plaintiffs had filed a case against the roll of 5G telecommunication services in the country and sought for restraining orders against the steps which would be undertaken by the government in order to establish 5G network.

Depositions

Depositions Government Legal Legal

25th Volume of the Japanese Yearbook of Private International Law (2023)

Conflict of Laws

JANUARY 30, 2024

The paper also examines the effects of foreign adoption decrees, suggesting that recognition should cover the legal parent-child relationship and the termination of the pre-existing relationship, but not parental responsibility. ’ Proposing a name change to conflicts law studies, the author emphasizes the need for a broader approach.

Laws

Laws Divorce Legal Legal

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

FEBRUARY 5, 2024

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.

Court

Court Construction Contract Laws

A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

Cause of Action

Cause of Action Court Entertainment Constitutional Law

UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ).

Cause of Action

Cause of Action Court Tort Civil Law

The Development of forum non conveniens in the Chinese Law and Practice

Conflict of Laws

DECEMBER 16, 2024

Cornell), Bachelor of Laws (ZUEL). * The doctrine of forum non conveniens is an important principle in civil procedure laws and frequently applied by courts in many legal systems, especially those of common law countries. Such a provision on forum non conveniens caused four problems in practice.

Laws

Laws Procedural Law Court Legal

First View of Third Issue of ICLQ

Conflict of Laws

JULY 7, 2022

Richard Garnett, “Determining the Appropriate Forum by the Applicable Law” The concepts of jurisdiction and applicable law have been traditionally regarded as separate inquiries in private international law: a court only considers the applicable law once it has decided to adjudicate a matter.

Personal Injury

Personal Injury Civil Law Contract Laws

What is an international contract within the meaning of Article 3(3) Rome I? – Dexia Crediop SpA v Provincia di Pesaro e Urbino [2022] EWHC 2410 (Comm)

Conflict of Laws

OCTOBER 21, 2022

In June 2021, Pesaro commenced legal proceedings in Italy seeking to unwind or set aside these transactions. Dexia then brought an action in England to establish the transactions were valid, lawful and binding on the parties. A central question of the dispute was the law applicable to the contract.

Contract

Contract Court Laws Government

Defamation suit filed by actor Salman Khan against Kamaal R. Khan

LexForti

MAY 27, 2021

The plaint also stated that defendant has been constantly making false expressions that the plaintiff has defrauded the public as well as the government by making illicit gains. Khan appeared first on LexForti Legal News & Journal. 1 has blackmailed the poor people.

Lawyers

Lawyers Lawyer Government Legal

New York’s Appellate Division Holds that Chinese Judgment Should Not Be Denied Enforcement on Systemic Due Process Grounds

Conflict of Laws

MARCH 15, 2022

states that have adopted Uniform Acts governing foreign judgments. As background, it is important to note that the recognition and enforcement of foreign country judgments in the United States is generally governed by state law. Moreover, U.S. On this, the Appellate Division was clearly correct.

Government

Government Court Civil Law Laws

A European Perspective on the Federalization of Shareholders’ Rights

Fordham Law News

MARCH 24, 2021

11] However, although the threat of Washington’s intervention can put pressure on Delaware, [12] the ‘shadow’ of the federal government has not significantly stretched over Delaware’s corporate law yet. [13]. One example is the law governing takeovers. When European Court of Justice’s decisions such as Centros Ltd.

Government

Government Laws Litigation Litigating

The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslim and the Complex Issue of International Jurisdiction

Conflict of Laws

JUNE 26, 2024

Although the decision is rendered by a first instance court and is likely to be appealed to higher courts, and potentially overturned, the facts of the case and the ADCFC’s ruling provide interesting elements for further legal analysis and debate. 9] For an overview, see the information provided by the Government Portal here. [10]

Divorce

Divorce Laws Court Contract

Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

JUNE 2, 2022

Considering India’s clear restriction on attorneys entering into conditional fee arrangements [24] , the researcher urge that India’s rules only enable participants to pursue funds straight without the participation of their legal counsel. As a result, in terms of arbitration proceedings, TPF’s legality cannot be questioned [32].

Finance

Finance Contract Litigation Litigating

Decoding International Arbitration

InHouseOps

JUNE 13, 2022

First, you are looking at a neutral forum and you may be hoping to avoid the local courts where the other side is located and unfamiliar legal systems and practice. And some also have a legal background. Remember, these are cases that could involve parties from common law and civil law countries. Some are PhDs.

Punitive Damages

Punitive Damages Healthcare Drafting Technology

A Guide to Common Paralegal Studies Classes

How To Become A Paralegal

APRIL 30, 2018

Let’s face it – television shows that focus on legal matters are interesting and they can be fun to watch. Introduction to Civil Procedure. This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. It could even be a government agency.

Paralegal Studies

Paralegal Studies Paralegal Paralegals Legal Research

Recognition and Public Certification of German Ipso Iure Converted Pay Paternity Into Paternity With Civil Status Effects Does Not Violate Swiss Ordre Public

Conflict of Laws

JUNE 16, 2023

A pay paternity was a legal institution with an obligation to pay maintenance. The pay paternity did not include a legal child relationship recorded in the civil register. In short, Germany knows the ipso iure conversion of the pay paternity into the paternity with civil status effects.

Legal

Legal Legal Civil Law Laws

Just Published: Kahl/Weller, Climate Change Litigation – A Handbook

Conflict of Laws

JANUARY 21, 2021

This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). CLIMATE CHANGE AS A CHALLENGE FOR GLOBAL GOVERNANCE, COURTS AND HUMAN RIGHTS (Voigt).

Litigation

Litigation Litigating Tort Civil Law

RabelsZ: New issue alert

Conflict of Laws

NOVEMBER 4, 2024

Jochen Hoffmann and Lisa-Marie Pischel , Die Kollision von CISG und nationalem Verbraucherschutzrecht (Conflicts Between the CISG and National Consumer Law), pp. 556–585, [link] Damages for breach of an exclusive choice-of-court agreement have fascinated legal scholars for quite some time.

Diligence

Diligence Contract Laws Legal

ABA Midyear Meeting 2019

LegalTalkNetwork

FEBRUARY 5, 2019

Per the usual, there was a lot more going on than we could possibly cover but we did manage to feature highlights from the best volunteers and minds in the legal profession. We also learned more about the ABA’s actions in immigration, the government shutdown, and changes to their website. hails from Butte, Montana.

Legal Research

Legal Research Immigration Legal Legal

The Need for an Uniform Civil Code in the Modern India

LexForti

AUGUST 7, 2021

Every religious practice has its civil law or particular law administrating its exclusive matters such as Marriage, Divorce, Maintenance, inheritance, and succession, etc. Till now the Goa is the only state of India that realizes the need for a universal civil code and enacted it as a law in its state.

Divorce

Divorce Laws Civil Law Government

Does the President Need to be Involved in Federal Pardons?

The Crime Report

JUNE 25, 2021

To this point, the RAND researchers appeared troubled by the extent to which subjective lifestyle criteria influence the evaluation of pardon petitions under governing policies. The least successful composite petitioner was “a non-Hispanic black female who was not a U.S. But in this case the statistics don’t lie.

Attorney

Attorney Civil Law Statute Legal

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

Conflict of Laws

DECEMBER 16, 2024

From 2 to 6 December 2024, the second edition of The Hague Academy of International Laws Advanced Course in Hong Kong was held, co-organised by the Asian Academy of International Law (AAIL) with the support of the Department of Justice of the Government of the Hong Kong SAR. 7 (1) lit.

Procedural Law

Procedural Law Punitive Damages Legal Legal

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

Conflict of Laws

OCTOBER 14, 2024

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.”

Procedural Law

Procedural Law Litigation Litigating Laws

Shell wins appeal in landmark Netherlands climate case

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

Webinars

Trending Sources

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

Webinars

Germany top court rules Berlin rent cap is unconstitutional

Human rights groups join WhatsApp suit against Israel spyware vendor

Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Traveling Judges and International Commercial Courts

Implied Jurisdiction Agreements in International Commercial Contracts

The New Saudi Civil Transaction Act and its Potential Impact on Private International Law in Saudi Arabia

Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

Digitalisation of judicial cooperation: EU Commission’s Proposal on Cross-Border Videoconferencing in Court Hearings

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Review of Afifah Kusumadara, Indonesian Private International Law, Oxford: Hart Publishing, 2021, 288 pp, hb $140

Third Issue of Journal of Private International Law for 2023

5 Certificates to Get Under $500

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

Service of process on a Russian defendant by e-mail. International treaties on legal assistance in civil and family matters and new technologies

The Dubai Supreme Court — Again — on the Enforcement of Canadian (Ontario) Enforcement Judgment

Explained: Validity of Stamp Paper [6 Months or 3 Years?]

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

Smith v Fonterra: A Common Law Climate Litigation Breakthrough

Delhi HC dismissed civil suit filed against 5G on grounds of being defective and vexatious

25th Volume of the Japanese Yearbook of Private International Law (2023)

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

A Critique On The Territorial Jurisdiction Of Courts In India

UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

The Development of forum non conveniens in the Chinese Law and Practice

First View of Third Issue of ICLQ

What is an international contract within the meaning of Article 3(3) Rome I? – Dexia Crediop SpA v Provincia di Pesaro e Urbino [2022] EWHC 2410 (Comm)

Defamation suit filed by actor Salman Khan against Kamaal R. Khan

New York’s Appellate Division Holds that Chinese Judgment Should Not Be Denied Enforcement on Systemic Due Process Grounds

A European Perspective on the Federalization of Shareholders’ Rights

The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslim and the Complex Issue of International Jurisdiction

Third-party arbitration funding – Comparative analysis and Indian Perspective

Decoding International Arbitration

A Guide to Common Paralegal Studies Classes

Recognition and Public Certification of German Ipso Iure Converted Pay Paternity Into Paternity With Civil Status Effects Does Not Violate Swiss Ordre Public

Just Published: Kahl/Weller, Climate Change Litigation – A Handbook

RabelsZ: New issue alert

ABA Midyear Meeting 2019

The Need for an Uniform Civil Code in the Modern India

Does the President Need to be Involved in Federal Pardons?

Second edition of The Hague Academy of International Law’s Advanced Course in Hong Kong on “Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Judgments Convention”

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

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