Drafting Litigating Litigation Procedural Law 
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.
Conflict of Laws
MAY 20, 2024
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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Conflict of Laws
SEPTEMBER 21, 2023
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
Conflict of Laws
APRIL 27, 2023
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.
Conflict of Laws
MAY 26, 2021
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. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.
Conflict of Laws
JANUARY 2, 2023
Written by NIE Yuxin and LIU Chang, Wuhan University Institute of International Law. The present Civil Procedure Law of China (hereinafter “CPL”) was enacted in 1990 and has been amended four times. All amendments made no substantive adjustments to the foreign-related civil procedure proceedings. Background. 276, para.
Conflict of Laws
DECEMBER 13, 2023
This law heralds a fundamental shift of China’s attitude towards foreign state immunity, from strict adherence to the absolute theory to adoption of the restrictive theory. A report on the draft law also suggests that it is intended to build China’s foreign-related legal system and to promote China’s Belt and Road Initiative.
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