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

ClimateChange-ClimateLaw

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.

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Comparative Procedural Law and Justice Final Conference in Luxembourg (11–12 July 2024)

Conflict of Laws

On 11 and 12 July 2024 , the Comparative Procedural Law and Justice (CPLJ) Final Conference will take place at the University of Luxembourg. The project was designed to provide a comprehensive analysis of comparative civil procedural law and contemporary civil dispute resolution mechanisms.

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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. Since then, it had undergone four revisions in 2007, 2012, 2017, and 2021. Jurisdiction 2.1

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The Corporate Sustainability Due Diligence Directive: PIL and Litigation Aspects

Conflict of Laws

Article 29(7) CSDDD states that ‘Member States shall ensure that the provisions of national law transposing’ Article 29 CSDDD ‘are of overriding mandatory application in cases where the law applicable to claims to that effect is not the national law of a Member State’. This disclosure must adhere to national procedural laws.

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Supreme Court likely to let vape company’s FDA challenge proceed

SCOTUSBlog

When Suri responded no, she suggested that Congress could have simply drafted the law to refer to the applicant instead, and she noted that Congress had done exactly that for a different provision, involving judicial review for decisions requiring the withdrawal of tobacco products from the market.

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China’s Draft Law on Foreign State Immunity—Part II

Conflict of Laws

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. In December 2022, Chinese lawmakers published a draft law on foreign state immunity , an English translation of which is now available. These provisions generally follow the U.N. Convention.

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Chinese Judicial Practice on Asymmetric Choice of Court Agreements in International Civil & Commercial Disputes

Conflict of Laws

This article gives a glimpse of how Chinese courts handle asymmetric choice of court agreements in international and commercial civil litigations. [4] Choice of Law Most Chinese courts tend to apply lex fori on the effectiveness of asymmetric choice of court agreements. 5] In Hang Seng Bank Ltd. 15] In Sun Jichuan v.

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