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New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

It contans the following articles: Horatia Muir Watt: Alterity in the Conflict of Laws. Importantly, law encodes the conditions that produce these dual somatic symptoms in our contemporary societies. One element of territorial sovereignty is the right to legislate in the field of private law.

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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

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Tort Litigation against Transnational Companies in England

Conflict of Laws

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law.

Tort 75
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Conflict of Laws - Untitled Article

Conflict of Laws

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

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BNP Paribas sued in France for financing fossil fuel companies

Conflict of Laws

As such, there is no distinction under the French law regarding the sector in which the company is operating which is in line with the United Nations Guiding Principles. If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law.

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Álvarez-Armas on potential human-rights-related amendments to the Rome II Regulation (II): The proposed Art. 6a; Art. 7 is dead, long live Article 7?

Conflict of Laws

Eduardo Álvarez-Armas is Lecturer in Law at Brunel University London and Affiliated Researcher at the Université Catholique de Louvain. This is the second part of his contribution; a first one on the law applicable to strategic lawsuits against public participation can be found here.

Tort 40