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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. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA).

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States ask Supreme Court to keep Title 42 border policy in effect

SCOTUSBlog

The Biden administration extended the Trump administration’s orders in August 2021, but in April of this year the government announced that it would end the policy, saying it was no longer necessary to protect public health. Court of Appeals for the 5th Circuit. The dispute now before the Supreme Court is a separate case.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. in the 2015 ruling). Introduction.

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The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

From the perspective of private international law, the following two issues, among others, are particularly worth of concern: (1) Jurisdiction: The Court exercised the jurisdiction over the dispute because the Dutch defendants did not raise an objection to its jurisdiction who responded to the action timely. [7].

Laws 98
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2022: Abstracts

Conflict of Laws

The following article presents the German implementing rules for this recast. Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively.

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Conflict of Laws - Untitled Article

Conflict of Laws

While application of the CSDDD to these companies before Member State courts is guaranteed due to its mandatory character, jurisdiction over non-EU defendants within the EU is not. If the relevant national rules do not establish jurisdiction, no access to court is given within the EU. 6 (1) Brussels I Regulation Recast.

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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

Article 6, on the other hand, says that a foreign state shall not be deemed to have consented to jurisdiction by appearing in Chinese court to assert immunity, by having its representatives testify, or by choosing Chinese law to govern a particular matter. as well as “PRC laws” and “international agreements.” Convention.