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In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. The Nagoya District Court will consider whether private actors can be held liable for their GHG emissions under Japanese tortlaw.
Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Civillaw cases. Civil lawsuits were filed in Sendai in 2017 and Kobe in 2018 by citizens against corporations that planned to build new coal-fired power plants.
A civillaw 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.
Spanning 226 pages across six chapters, the book aims to be the leading English-language text on private international law in Indonesia. Indonesia, a civillaw country, has legal principles influenced by Dutch traditional private international law, owing to its colonial history. Luis F.S.S.
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.
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 civillaw actions. Kobe Steel Ltd., Administrative Case: Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Urgenda Foundation v.
It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civillawlegal systems. Rademacher then analysed whether punitive elements could be found in German tortlaw. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g.
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.
Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.
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 ). The case at hand is an appeal on a part of an earlier rulings.
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.
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.
Following that, the real question is whether and how anti-suit injunction is compatible with Chinese law. Some argued that Article 100 of the PRC CPL provides a legal basis for granting injunctions having similar effects with anti-suit injunction at common law. [2]
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].
. – 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 civillaw jurisdictions. This paper is about the unification of commercial contract law. to 52.9 % since 2004.
Francesco Giglio: Roman dominium and the Common-Law Concept of Ownership, Volume 86 (2022) / Issue 1, pp. On the basis of a comparison between common law and Roman law, it is argued in this paper that, despite the common-law focus on title, the common-law and civil-law concepts of ownership are not as far apart as often thought.
Finally, interesting issues of private international law on torts are also highlighted in the decisions of the Athens First Instance Court No 102/2019 and No 4608/2020, commented by Dr. N. We had the horror to welcome the presentations of: Ms. Regarding domestic jurisprudence, the present issue includes the Supreme Court judgment No.
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 civillaw). Liability for climate damages under the German law of torts (Wagner/Arntz).
Paragraph 1 of Article 276 lists six jurisdiction grounds, including the place of contract formation, place of contract performance, place of the subject matter, place of distrainable property, place of tort, and place of representative offices.
While these political vs. legal interpretations of reality capture the moment in the ongoing saga of Donald Trump, I do not believe that the label of victim is “baked in” nor that his narrative of victimhood will be the prevailing one.
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