ClimateChange-ClimateLaw
DECEMBER 12, 2023
Climate litigation in Germany has achieved another major victory. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA). These three parties have very different climate policies and visions for climate governance.
ClimateChange-ClimateLaw
FEBRUARY 12, 2024
Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. per cent of global emissions” (at para.
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Conflict of Laws
JANUARY 21, 2021
From the publisher’ site : About Climate Change Litigation. This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). Table Of Contents.
Conflict of Laws
OCTOBER 5, 2023
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?
Conflict of Laws
FEBRUARY 18, 2024
Explicit jurisdiction clauses offer cross-border litigants the benefit of predictability by allowing them to anticipate where disputes arising from their commercial transactions will be resolved. However, by their very nature, implied terms offer less clarity concerning the governing law and jurisdiction agreements.
JURIST
MARCH 24, 2022
The Supreme Court granted cert, and on Wednesday, the question presented before the Court was: Whether 28 USC § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in “a foreign or international tribunal,” encompasses private commercial arbitral tribunals, as the U.S.
Conflict of Laws
JULY 6, 2022
These courts are designed to accommodate foreign litigants and transnational litigation—and inevitably, conflicts of laws. Our article suggests that traveling judges are a nearly entirely common law phenomenon—only a handful of judges were from mixed jurisdictions and only one was a civil law judge.
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