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. Kobe Steel Ltd., Administrative Case: Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

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Court Construction Litigation Litigating 106

Conflict of Laws

JANUARY 21, 2022

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.

Family Law 52

Family Law Civil Law Laws Legal 52

Conflict of Laws

JANUARY 30, 2024

The decision is the first to recognize a corporate duty to mitigate climate change under tort law. The paper examines the decision’s significance in private international law and its consistency with climate attribution science.

Laws 59

Laws Divorce Legal Legal 59

Conflict of Laws

DECEMBER 12, 2020

In case no choice-of-law rules existed at that time, the Private International Law Act may be resorted to in order to determine the applicable law. 16] See Zhengxin Huo, ‘Two Steps Forward, One Step Back: A Commentary on the Judicial Interpretation on the Private International Law Act of China’ (2013) 43 HKLJ 685, 710. [17]

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Laws Court Contract Legal 98

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

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. As this open-ended definition suggests, public nuisance is a slippery tort.

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Litigation Litigating Laws Tort 64

Conflict of Laws

JULY 9, 2021

12] Before and after the application, the defendant Sharp had brought tort claims arising from SEP (standard essential patent) licensing against OPPO by commencing several parallel proceedings before German courts, a Japanese court and a Taiwanese court. [13] 14] The breach of the ruling would entail a fine of RMB 1 million per day. [15]

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

MAY 18, 2023

The crux of the ruling is the type of tort that the Bonga spill represents under Nigerian law, applicable to that case (on applicable law, see Jalla & Anor v Shell International Trading and Shipping Company Ltd & Anor [2023] EWHC 424 (TCC), at [348] ff.). The case at hand is an appeal on a part of an earlier rulings.

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Cause of Action Court Tort Civil Law 40

LexForti

JUNE 2, 2022

This was further supported when the Criminal Law Act, of 1967 did away with these crimes and torts of “maintenance” and “champerty”. Chunder Mookerjee[31] that “TPF agreements are not inherently contrary to public policy”.

Finance 52

Finance Litigation Litigating Contract 52

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). Liability for climate damages under the German law of torts (Wagner/Arntz).

Litigation 52

Litigation Litigating Tort Civil Law 52

The Crime Report

OCTOBER 23, 2023

At the same time, Trump has been held liable on many occasions for fraud or for violating civil laws and torts. With respect to Trump he remains a primary deviant when it comes to ordinary customs as he has not been successfully stigmatized or shamed by others and certainly not by himself.

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Tort Felony Construction Legal 135