Conflict of Laws

APRIL 12, 2023

If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. In 2021, the Hague District Court ordered Shell to reduce both its own carbon emissions and end-use emissions by 45% by 2030 in relation to the 2019 figures.

Finance 40

Finance Diligence Laws Court 40

ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. First, it provides solid legal ground for public bodies in Italy to steer economic activities to pursue environmental (and climate) objectives. This reform bears thus a two-fold implication.

Litigation 96

Litigation Litigating Government Legal 96

Conflict of Laws

MAY 26, 2021

Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. The same holds true for substantive law of evidence, including the specific rules on the burden of proof relating to a particular legal relationship. 1659 (2013), as well as Lubbe v. Procedural matters.

Litigation 52

Litigation Litigating Laws Court 52

ClimateChange-ClimateLaw

JULY 2, 2021

Animal Legal Defense Fund v. The Court found that despite being aware of the certain risk of dangerous climate change to the country’s population, the authorities failed to take necessary action, meaning that they failed to act with prudence and diligence under Article 1382 of the Civil Code. Mayor & City Council of Baltimore v.

Court 45

Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

APRIL 9, 2021

The court concluded that it lacked jurisdiction because administrative appeals that raised the same legal issues were still pending before the Nuclear Regulatory Commission. In their main conclusions, the plaintiffs seek a Court injunction directing the government to reduce emissions 42 to 48% in 2025 and at least 55 to 65% in 2030.

Court 115

Court Statute Litigation Litigating 115