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In its Kolassa judgment, the CJEU has for the first time decided which national court in the EU has jurisdiction for claims against an issuer of securities based on an allegedly false prospectus. This contribution analyses this fundamental and at the same time ambiguous ruling. The ruling's most...
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Increasingly, China is planning to move to nuclear power. The plan for China is to double its nuclear capacity in the near future. A critical component is that a regulatory framework has to be developed to accompany this move towards nuclear energy. An important component of such a framework is...
Persistent link: https://www.econbiz.de/10014155112
Modern energy and natural resource development has always been, at heart, a global enterprise. Energy companies and developers, by necessity, frequently work in far-flung locations scattered among nations with vastly different legal systems and environmental regulatory systems. If one of their...
Persistent link: https://www.econbiz.de/10013219092
Lawyers are pursuing a broad range of cases in an effort to address climate change. Given the scope and complexity of climate change (and the scale of the solutions it requires), this diversity is not surprising. But it amplifies a key question in any strategic litigation: how that litigation...
Persistent link: https://www.econbiz.de/10013222765
‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...
Persistent link: https://www.econbiz.de/10013225312
The present paper focuses on the emerging human rights-based climate change litigation legal movement and proposes an ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in national courts of states that participate in the ECHR system,...
Persistent link: https://www.econbiz.de/10013225875
This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...
Persistent link: https://www.econbiz.de/10014344204
Maritime policy analysts often invoke the 'vessel safety net' metaphor to explain the independent but overlapping risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from...
Persistent link: https://www.econbiz.de/10013113390
International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article...
Persistent link: https://www.econbiz.de/10014062003