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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. The judgment and the underlying (political and legal) conflicts are also interesting beyond their German relevance, as the case raises fundamental questions for climate governance. However, this has not occurred, again due to resistance from the FDP.

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New Titles on Conflict of Laws in the Latest Issue of the Osaka University Law Review

Conflict of Laws

72) features some papers that might be of interest to the readers of this blog, as well as researchers and practitioners of private international law. These papers highlight important legal developments in China, particularly in the areas of international civil procedure and sovereign immunity. That said, the latest volume (No.

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Amendment of Chinese Civil Procedure Law Concerning Foreign Affairs

Conflict of Laws

The above amendments have further expanded the jurisdiction of Chinese courts over foreign-related civil litigation cases, which makes it more convenient for Chinese citizens to sue and respond to lawsuits in Chinese courts and better safeguard the legitimate rights and interests of Chinese citizens and enterprises.

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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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U.S. Court Issues Worldwide Anti-Enforcement Injunction

Conflict of Laws

Schiller Chair in Legal Ethics and Professor of Law at the Indiana University Maurer School of Law in the United States. As Ralf Michaels and I found in a recent analysis , the anti-enforcement injunction is an unusual but important device in transnational litigation. This post was written by Hannah Buxbaum, the John E.

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India dispatches: CJI calls for ‘Indianisation’ of ‘colonial’ justice system

JURIST

V Ramana deploring the Indian justice system as “colonial” and calling for its “Indianisation” for the benefit of ordinary litigants. The CJI said that the judgments delivered by the courts these days are also becoming lengthy, which make them incomprehensible to litigants.

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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.