article thumbnail

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.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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. However, the Court rejected the Plaintiffs’ claim, ruling that the risk of harm to individuals was uncertain and not concrete.

Court 106
article thumbnail

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.

article thumbnail

The Latest Development on Anti-suit Injunction Wielded by Chinese Courts to Restrain Foreign Parallel Proceedings

Conflict of Laws

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

Court 52
article thumbnail

LEX & FORUM Vol. 3/2022

Conflict of Laws

Regarding domestic jurisprudence, the present issue includes the Supreme Court judgment No. Regarding domestic jurisprudence, the present issue includes the Supreme Court judgment No. We had the horror to welcome the presentations of: Ms. Chronopoulou.

Tort 52
article thumbnail

25th Volume of the Japanese Yearbook of Private International Law (2023)

Conflict of Laws

It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.

Laws 57