Civil Law Litigating Maine 
ClimateChange-ClimateLaw
DECEMBER 12, 2023
Climate litigation in Germany has achieved another major victory. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v.
ClimateChange-ClimateLaw
FEBRUARY 12, 2024
Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. 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.
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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. We find limited consensus on the conduct that demonstrates implied consent or agreement to litigate in a particular forum.
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. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules.
Conflict of Laws
JANUARY 30, 2024
The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? Gakkai ) (hereinafter “PILAJ”). The PILAJ was founded in 1949 as an academic organization.
Conflict of Laws
JUNE 16, 2024
This is why, before the Canadian Court, one of the main questions [para. However, nothing prevents derogating from this principle by concluding international conventions or enforcing the civil law component of foreign judgments rendered by criminal courts in criminal proceedings, which orders the payment of civil compensation.
Conflict of Laws
DECEMBER 16, 2024
Thirdly, no matter whether in common law jurisdictions or civil law jurisdictions, when applying the doctrines of forum non conveniens or lis pendens , the foreign courts upholding the jurisdiction is an important consideration for domestic courts to reject the exercise of ones own jurisdiction.
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