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LEX & FORUM Vol. 3/2022

Conflict of Laws

During an online conference on this topic, which took place on the 29 th of September 2022, we had the great honor to host a discussion between well-known academics and leading domestic lawyers, who have dealt with this topic in depth. Regarding domestic jurisprudence, the present issue includes the Supreme Court judgment No.

Tort 52
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Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Finally, this second chapter discusses the limits on choice of law, such as public policy and mandatory rules.

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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. Rademacher then analysed whether punitive elements could be found in German tort law. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g.

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RabelsZ: New issue alert

Conflict of Laws

Issue 1/2022 of RabelsZ is out. It contains the following articles (including three open-access articles focusing on “Decolonial Comparative Law”): Johannes Ungerer: Nudging in Private International Law. The Design of Connecting Factors in Light of Behavioural Economics, Volume 86 (2022) / Issue 1, pp.

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Third-party arbitration funding – Comparative analysis and Indian Perspective

LexForti

The Apex Court itself identified these outrageous costs as one of the major reasons responsible for the hindrance to the growth of arbitration [12]. Common law traditions that are being followed in India have been acquired from the UK but still the doctrines of “maintenance” and “champerty” have not been followed strictly here.

Finance 52
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Victimization vs. Criminalization: The Trump Predicament 

The Crime Report

Criminologically speaking, how does a schism exist between his 2024 supporters who believe in Trump’s persecution by the state and those who oppose the habitually corrupt former president’s third run for POTUS as Trump continues to provoke violence in violation of court orders not to?

Tort 135