Civil Law Government Litigating 
JURIST
NOVEMBER 12, 2024
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.
JURIST
MARCH 24, 2022
The Supreme Court granted cert, and on Wednesday, the question presented before the Court was: Whether 28 USC § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in “a foreign or international tribunal,” encompasses private commercial arbitral tribunals, as the U.S.
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ClimateChange-ClimateLaw
FEBRUARY 12, 2024
Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. 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. per cent of global emissions” (at para.
Conflict of Laws
JULY 6, 2022
These courts are designed to accommodate foreign litigants and transnational litigation—and inevitably, conflicts of laws. 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.
Conflict of Laws
OCTOBER 5, 2023
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?
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
FEBRUARY 18, 2024
Explicit jurisdiction clauses offer cross-border litigants the benefit of predictability by allowing them to anticipate where disputes arising from their commercial transactions will be resolved. However, by their very nature, implied terms offer less clarity concerning the governing law and jurisdiction agreements.
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