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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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Traveling Judges and International Commercial Courts

Conflict of Laws

International commercial courts —domestic courts, chambers, and divisions dedicated to commercial or international commercial disputes such as the Netherlands Commercial Court and the never-implemented Brussels International Business Court —are the topic of much discussion these days.

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US Supreme Court hears oral arguments in commercial arbitral tribunals case

JURIST

The US Supreme Court Wednesday heard oral arguments in ZF Automotive US, Inc. a case concerning federal district courts’ authority to apply a particular statute to private commercial arbitral tribunals. ” The federal district court granted Luxshare’s application, and subpoenas were sent to ZF senior officers.

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Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

ClimateChange-ClimateLaw

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Background information about the general climate context and litigation in Japan is available in a previous blog post.

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Implied Jurisdiction Agreements in International Commercial Contracts

Conflict of Laws

To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. We find limited consensus on the conduct that demonstrates implied consent or agreement to litigate in a particular forum.

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Out Now: Treatment of Foreign Law in Asia

Conflict of Laws

A book edited by Kazuaki Nishioka on Treatment of Foreign Law in Asia has just been published in the Hart Studies in Private International Law -Asia. The blurb read as follows: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case?

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Don’t Abolish Qualified Immunity, Reform It: Policing Expert

The Crime Report

Based on four months of research and insights from policing officials, criminal and civil law attorneys, and community leaders, Morganelli proposed four major changes that could form part of new legislation. Second, Morganelli recommends that courts decide whether an officer’s alleged act actually violated the Constitution.