Agrégateur de flux

by Xandra Kramer (Erasmus University Rotterdam/Utrecht Univeristy) and Ekaterina Pannebakker (Leiden University)

1. Introduction

As was briefly announced earlier on this blog, on 29 January 2021, the Dutch Court of Appeal in The Hague ruled in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. The Hague Court held Shell Nigeria liable for pollution caused by oil spills that took place in 2004-2007; the UK-Dutch parent company is ordered to install equipment to prevent damage in the future. Though rendered almost four months ago, the case merits discussion of several private international law aspects of the ruling that will perhaps become a milestone in the broader context of liability of parent companies for the actions of their foreign-based subsidiaries. Climate change and related human rights litigation is of increasing importance in private international law. This is also on the radar of the European institutions as is clear from the ongoing review of the Rome II Regulation (point 6). Today, 26 May 2021, another milestone was reached, both for for private international law but for the fight against global climate change, with the historical judgment (English version, Dutch version) by the Hague District Court ordering Shell to reduce Co2 emissions (point 7). This latter case is discussed more at length in today’s blogpost by Matthias Weller.

2. Oil spill in Nigeria and litigation in The Hague courts

As is well-known Shell as well as other multinationals have been extracting oil in Nigeria since a number of decades. Leaking oil pipes have been causing environmental damage in the Niger Delta, and consequently causing damage to health damage and social-economic damage to the local population and farmers. Litigation has been going on in the Netherlands and the United Kingdom for years (see Geert van Calster blog for comments on a recent ruling by the English Supreme Court). At stake in the present case are several oil spills that occurred between 2004-2007 at the underground pipelines and an oil well near the villages Oruma, Goi and Ikot Ada Udo. The spilled oil pollutes agricultural land and water used by the farmers for a living.

Shortly after the oil spills, four Nigerian farmers instituted proceedings in the Netherlands, at the District Court of The Hague. The farmers are supported by the Dutch organization Milieudefensie, which is also a claimant in the procedure. The claimants submit that the land and water, which the Nigerian farmers explored for living, became infertile. They claim compensation for the damage caused by the Shell’s wrongful acts and negligence while extracting oil and maintaining the pipelines and the well. Furthermore, they claim to order Shell to secure better cleaning of the polluted land and to take appropriate measures to prevent oil leaks in the future.

 

The farmers summon both the Shell’s Nigerian subsidiary and the parent company at the Dutch court. To be precise, they institute proceedings against the Shell’s Nigerian subsidiary – Shell Petroleum Development Company of Nigeria Ltd and against the British-Dutch Shell parent companies – Royal Dutch Shell Plc (UK), with office in The Hague; Shell Petroleum N.V. (a Dutch company) and the ‘Shell’ Transport and Trading Company Ltd (a British company). It is this corporate structure that brings the Nigerian farmers to the court in The Hague and paves the way for the jurisdiction of Dutch courts.

3. Jurisdiction of Dutch courts: anchor defendant in the Netherlands and sufficient connection

 Both the first instance court (in 2009) and the court of appeal at The Hague (in appeal in 2015) hold that the Dutch courts have jurisdiction. The 2015 ruling is available in English and contains a detailed motivation of the grounds of jurisdiction of the Dutch courts. See in particular at [3.3] – [3.9].

Claim against Shell parent company/companies. Dutch courts have jurisdiction to hear the claim against Shell Petroleum based on art. 2(1) Brussels I Regulation, as the company has its registered office in the Netherlands. Furthermore, the jurisdiction of Dutch courts to hear the claims against Royal Dutch Shell is based on art. 2(1) in conjunction with art. 60(1) Brussels I Regulation and the jurisdiction over claims to Shell Transport and Trading Company – on art. 6(1) and art. 24 Brussels I Regulation.

Claim against Shell’s Nigerian subsidiary. The jurisdiction of the Dutch courts to hear the claim against Shell’s Nigerian subsidiary is based on art. 2(1) in conjunction with art. 60(1) Brussels I Regulation and on art. 7(1) of the Dutch Code of civil procedure (DCCP). Art. 7(1) deals with multiple defendants. By virtue of art. 7(1) DCCP, if the Dutch court with jurisdiction to hear the claim against one defendant (in this case this is the Royal Dutch Shell), has also the jurisdiction to hear the claims against co-defendant(s), ‘provided the claims against the various defendants are connected to the extent that reasons of efficiency justify a joint hearing’. The jurisdiction on the claim against the so-called ‘anchor defendant’ (for instance, the parent company) can thus carry with itself the jurisdiction on the other, connected, claims against other defendants.

Both the first instance court and the court in appeal found that the claims were sufficiently connected, despite the contentions of Shell. The Shell’s contentions were twofold. First, Shell stated that the claimants abused procedural law, because the claims against Royal Dutch Shall were ‘obviously bound to fail and for that reason could not serve as a basis for jurisdiction as provided in art. 7(1) DCCP’ (at [3.1] in the 2015 ruling). According to Shell, the claim was bound to fail, because the oil leaks were caused by sabotage, in which case Shell would be exempt from liability under the applicable Nigerian law. This contention was dismissed: the claim was not necessarily bound to fail, according to the first instance court. The appellate court added that it was too early to assume that the oil spill was caused by sabotage. Second, Shell contested the jurisdiction of the Dutch courts because the parent companies could not reasonably foresee that they would be summoned in the Netherlands for the claims as the ones in the case. Dismissing this contention the court of appeal at The Hague stated in the 2015 ruling that ‘in the light of (i) the ongoing developments in the field of foreign direct liability claims (cf. the cases instituted in the USA against Shell for the alleged involvement of the company in human rights violations; Bowoto v. Chevron Texaco (09-15641); Kiobel v Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), as well as Lubbe v. Cape Plc. [2000] UKHL 41), added to (ii) the many oil spills that occurred annually during the extraction of oil in Nigeria, (iii) the legal actions that have been conducted for many years about this (for over 60 years according to Shell), (iv) the problems these oil spills present to humans and the environment and (v) the increased attention for such problems, it must have been reasonably foreseeable’ for the parent companies taken to court with jurisdiction with regard to Royal Dutch Shell (see the 2015 ruling at [3.6].

4. Application of (substantive) Nigerian law

Substantive law. All claims addressed in the ruling of 29 January 2021 are assessed according to Nigerian law. This is the law of the state where the spill occurred, the ensuing damage occurred and where the Shell’s Nigerian subsidiary (managed and monitored by Shell) has its registered office. The events that are the subject of litigation occurred in 2004-2007 and fall outside the temporal scope of Rome II. Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. 3(1) and (2) Wet Conflictenrecht Onrechtmatige Daad (see the first instance ruling at [4.10]).

 

Procedural matters. Perhaps because the case of damage to environment as the one in the discussed case, the application of substantive law is strictly tied to the evidence, the court goes on to specify private international law with further finesse. It mentions explicitly that procedural matters are regulated by the Dutch code of civil procedure. In the meantime, the substantive law aspects of the procedure, including the question which sanctions can be imposed, are governed by the lex causae (Nigerian law). The same holds true for substantive law of evidence, including the specific rules on the burden of proof relating to a particular legal relationship. The other, general matters relating to the burden of proof and evidence are regulated by the lex fori, thus the Dutch law of civil procedure (at [3.1]).

5. The ruling of The Hague Court of Appeal

 In its the ruling of 29 January 2021, the Dutch court holds Shell Nigeria liable for damage resulting from the leaks of pipelines in Oruma and Goi. Nigerian law provides for a high threshold of burden of proof that rests on the one who invokes sabotage of the pipelines (in this case, Shell). The fact of sabotage must be (evidenced to be) beyond reasonable doubt. Shell could not provide for such evidence for the pipelines in Oruma and Goi. Furthermore, Shell has not undertaken sufficient steps for the cleaning and limiting environmental damage. Shell Nigeria is therefore liable for the damage caused by the leaks in the pipelines. The amount of the damage to be compensated is still to be decided. The relevant procedure will follow up. The ruling is, however, not limited to this. Shell is also ordered to build at one of the pipelines (the Oruma-pipeline) a Leak Detection System (LDS), so that the future possible leaks could be swiftly noticed and future damage to the environment can be limited. This order is made to Shell Nigeria and to the parent companies.

Spills at Oruma and Goi are are two out of three oil spills. The procedure on the third claim – the procedure regarding the well at Ikot Ada Udo will continue: the reason for the oil spill is not yet clear and the next hearing is scheduled.

6. Human rights litigation and Rome II

This ruling is one in a series of cases where human rights and corporate responsibility are central. Increasingly, it seems, victims of environmental damage and foundations fighting for environmental protection can celebrate victories. In the introduction we mentioned the English Supreme Court ruling in Okpaby v Shell [2021] UKSC 3 of February 2021. In this case the Supreme Court reversed judgments by the Court of Appeal and the High Court in which the claim by Nigerian farmers brought against Shell’s parent company and its subsidiary in Nigeria had been struck out (see also Geert van Calster’s blog, guest post by Robert McCorquodale). Also there is a growing body of doctrinal work on human right violations in other countries, corporate social responsibility, due diligence and the intricacies of private international law, as a quick search on the present blog also indicates. From a European private international law perspective, as also the discussion above shows, the Brussels Ibis Regulation and the Rome II Regulation are key. The latter Regulation has been subject of an evaluation study commissioned by the European Commission over the past year, and the final report is expected in the next months. Apart from evaluating ten years of operation of this Regulation, one of the focal points is the question of cross-border corporate violations of human rights. The question is whether the present rules provide an adequate framework for assessing the applicable law in these cases. As discussed in point 5 above, in the Dutch Shell case the court concluded that Nigerian law applied, which may not necessarily be in the best interest of environmental protection. This was based on Dutch conflict rules applicable before the Rome II Regulation became applicable, but Art. 4 Rome II would in essence lead to the same result. For environmental protection, however, Art. 7 Rome II may come to the rescue as it enables victims to make a choice for the law of the country in which the event giving rise to damage occurred instead of having the law of the country in which the damage occurs of Art. 4 applied. In a similar vein, the European Parliament in its draft report with recommendations to the Commission on corporate due diligence and corporate accountability, dated 11 September 2020, proposes to incorporate a general ubiquity rule in art. 6a, enabling a choice of law for victims of business-related human rights violations. In such cases a choice could be made for the law of the country in which the event giving rise to the damage occurred, or the law of the country in which the parent company has its domicile, or, where it does not have a domicile in a Member State, the law of the country where it operates. This draft report, which also addresses the jurisdiction rules under the Brussels Ibis Regulation was briefly discussed on this blog in an earlier blogpost by Jan von Hein.

 

7. Shell and climate continued: The Hague court strikes again

Today, all eyes were on the next move of The Hague District Court in an environmental claim brought against Shell. It concerns a collective action under the (revised) Dutch collective action act (see earlier on this blog by Hoevenaars & Kramer, and extensively Tzankova & Kramer 2021) was brought by Milieudefensie, also on behalf of 17,379 individual claimants and six other foundations (among others Greenpeace). The claim boils down to requesting the court to order Shell to reduce emissions. First, the court extensively deals with the admissibility and representativeness of the claimants as part of the new collective action act. Second, the court assesses the international environmental law, regulation and policy framework, including the UN Climate Convention, the IPCC, UNEP, the Paris Agreement as well as European law and policy and Dutch law and policy.

 

Third, and perhaps most interesting for the readers of this blog, the court assesses the applicable law, as the claim concerns the global activities of Shell. As Weller has highlighted in his blogpost that discussion mostly evolves around Art. 7 Rome II. Milieudefensie pleaded that Art 7 should, pursuant to its choice, lead to the applicability of Dutch law and should this provision not lead to Dutch aw on the basis of Art. 4(1) Rome II. In establishing the place where the event giving rise to the damage occurs states that ‘An important characteristic of the environmental damage and imminent environmental damage in the Netherlands and the Wadden region, as raised in this case, is that every emission of CO2 and other greenhouse gases, anywhere in the world and caused in whatever manner, contributes to this damage and its increase.’ Milieudefensie hold RDS liable in its capacity as policy-setting entity of the Shell group. RDS pleads for a pleads for a restrictive  interpretation and argues that corporate policy is a preparatory act that falls outside the scope of Art. 7 as ‘the mere adoption of a policy does not cause damage’. However, The Hague Court finds this approach too narrow and agrees with the claimants that Dutch law applies on the basis of Art. 7 and that, in so far as the action seeks to protect the interests of Dutch residents, this also leads to the applicability of Dutch law on the basis of Art. 4.

The judgment of the court, and that’s what has been all over the Dutch and international media, is that it orders ‘RDS, both directly and via the companies and legal entities it commonly includes in its consolidated annual accounts and with which it jointly forms the Shell group, to limit or cause to be limited the aggregate annual volume of all CO2 emissions into the atmosphere (Scope 1, 2 and 3) due to the business operations and sold energy-carrying products of the Shell group to such an extent that this volume will have reduced by at least net 45% at end 2030, relative to 2019 levels’.

Undoubtedly, to be continued.

L’arrêt de la première chambre civile du 12 mai 2021 permet de rappeler les conditions d’application dans le temps du règlement Bruxelles I et qu’il vise les obligations alimentaires, contrairement au règlement Bruxelles I bis.

en lire plus

Anniversary! On Tuesday, June 1, 2021, the Hamburg Max Planck Institute will host its 11th  monthly virtual workshop in private international law at 11:00-12:30 – one year after the first such session! Since January of this year, we are alternating between English and German language. Tania Domej (Zurich University) will speak, in German, about the topic Cross-Boundary Collective Actions in the EU The presentation will be followed by open discussion. All are welcome. More information and sign-up here. This is the eleventh such lecture in the series, after those by Mathias Lehmann in June 2020, Eva-Maria Kieninger in July, Giesela Rühl in September, Anatol Dutta in October, Susanne Gössl in November, Marc-Philippe Weller in December, Macjiej Szpunar in January,  Dagmar Coester-Waltjen in February, Horatia Muir Watt in March, Burkhard Hess in April, and Marta Pertegás Sender in May. On July 6,  we will host Hannah Buxbaum (Indiana University). Stay tuned! If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de

The Rechtbank Den Haag, by judgment of 26 March 2021 – Milieudefensie et al. v. Royal Dutch Shell, ordered RDS, both directly and via the companies and legal entities it commonly includes in its consolidated annual accounts and with which it jointly forms the Shell group, to limit or cause to be limited the aggregate annual volume of all CO2 emissions into the atmosphere due to the business operations and sold energy-carrying products of the Shell group to such an extent that this volume will have reduced by at least net 45% at end 2030, relative to 2019 levels.

This landmark case relies, inter alia, on the following choice of law analysis:

4.3.

Applicable law

4.3.1.Milieudefensie et al. principally make a choice of law within the meaning of Article 7 Rome II35, which according to Milieudefensie et al. leads to the applicability of Dutch law. Insofar as the choice of law of Article 7 Rome II does not lead to the applicability of Dutch law, Milieudefensie et al. claim in the alternative that the applicable law must be determined based on the general rule of Article 4 paragraph 1 Rome II. According to Milieudefensie et al., this general rule also leads to the applicability of Dutch law.

4.3.2.Article 7 Rome II determines that the law applicable to a non-contractual obligation arising out of environmental damage or damage sustained by persons or property as a result of such damage shall be the law determined pursuant to the general rule of Article 4 paragraph 1 Rome II, unless the person seeking compensation for damage chooses to base his or her claim on the law of the country in which the event giving rise to the damage occurred. The parties were right to take as a starting point that climate change, whether dangerous or otherwise, due to CO2 emissions constitutes environmental damage in the sense of Article 7 Rome II. They are divided on the question what should be seen as an ‘event giving rise to the damage’ in the sense of this provision. Milieudefensie et al. allege that this is the corporate policy as determined for the Shell group by RDS in the Netherlands, whereby her choice of law leads to the applicability of Dutch law. RDS asserts that the event giving rise to the damage are the actual CO2 emissions, whereby the choice of law of Milieudefensie et al. leads to the applicability of a myriad of legal systems.

4.3.3.

The choice as laid down in Article 7 Rome II is justified with a reference to Article 1919 TFEU (Article 174 TEC), which prescribes a high level of protection.36 Both Milieudefensie et al. and RDS refer to the handbook by Von Hein. The complete entry for event giving rise to the damage in the sense of Article 7 Rome II reads as follows:

“Where events giving rise to environmental damage occur in several states, it is not possible to invoke the escape clause (Article 4(3 )) in order to concentrate the applicable law with regard to a single act. Thus, the plaintiff may opt for different laws as far as acts by multiple tortfeasors acting in various states are concerned. If, however, an act in country A causes an incident in country B which then leads to an environmental damage in country C, it may be submitted that only the final incident should be characterized as the decisive ‘event’ within the meaning of Article 7. One has to concede that extending the victim’s right to choose the law, of each place of act would considerably undermine legal predictability. On the other hand, such generous approach would fit the favor naturae underlying Article 7. Since the tortfeasor may be sued in country A under Article 7 no. 2 Brussels Ibis, extending the victim’s option will also facilitate proceedings.” 37

4.3.4.

The Court of Justice of the European Union (CJEU) has made no declaration on the ‘event giving rise to the damage’ in the sense of Article 7 Rome II. The court sees insufficient basis in the interpretation of this provision to seek a link with the CJEU rulings as cited by the parties on other principles of liability, some of which are subject in Rome II to specific choice-of-law rules (intellectual property rights, unlawful competition, and product liability and prospectus liability).38 Nor does the court see a basis to seek a link with the case law cited by RDS, in which it was determined that a purely internal decision cannot be designated as an injurious event.39

The published corporate policy that RDS draws up for the Shell group, which was also discussed with the shareholders, and to which the claims of Milieudefensie et al. pertain, cannot be equated with this. The court also sees insufficient grounds to seek a link with the cases cited by RDS, in which parent companies were called to account for non-intervention in subsidiaries.40 A parallel with the law applicable to a participant in an unlawfully committed act perpetrated in concert (product liability) does not hold water due to the below-mentioned characteristics of the responsibility as regards environmental damage and imminent environmental damage, as raised in this case.

4.3.5.An important characteristic of the environmental damage and imminent environmental damage in the Netherlands and the Wadden region, as raised in this case, is that every emission of CO2 and other greenhouse gases, anywhere in the world and caused in whatever manner, contributes to this damage and its increase. It is not in dispute that the CO2 emissions for which Milieudefensie et al. hold RDS liable occur all over the world and contribute to climate change in the Netherlands and the Wadden region (see also below under 4.4 (2)). These CO2 emissions only cause environmental damage and imminent environmental damage in conjunction with other emissions of CO2 and other greenhouse gases for Dutch residents and the inhabitants of the Wadden region. Not only are CO2 emitters held personally responsible for environmental damage in legal proceedings conducted all over the world, but also other parties that could influence CO2 emissions. The underlying thought is that every contribution towards a reduction of CO2 emissions may be of importance. The court is of the opinion that these distinctive aspects of responsibility for environmental damage and imminent environmental damage must be included in the answer to the question what in this case should be understood as ‘event giving rise to the damage’ in the sense of Article 7 Rome II.

4.3.6.

Milieudefensie et al. hold RDS liable in its capacity as policy-setting entity of the Shell group (see below under 4.4. (1.)). RDS does contest that its corporate policy for the Shell group is of may be of influence on the Shell group’s CO2 emissions. However, RDS pleads for a restricted interpretation of the concept ‘event giving rise to the damage’ in the application of Article 7 Rome II. In its view, its corporate policy is a preparatory act that falls outside the scope of this article because in the opinion of RDS, the mere adoption of a policy does not cause damage.

The court holds that this approach is too narrow, not in line with the characteristics of responsibility for environmental damage and imminent environmental damage nor with the concept of protection underlying the choice of law in Article 7 Rome II. Although Article 7 Rome II refers to an ‘event giving rise to the damage’, i.e. singular, it leaves room for situations in which multiple events giving rise to the damage in multiple countries can be identified, as is characteristic of environmental damage and imminent environmental damage. When applying Article 7 Rome II, RDS’ adoption of the corporate policy of the Shell group therefore constitutes an independent cause of the damage, which may contribute to environmental damage and imminent environmental damage with respect to Dutch residents and the inhabitants of the Wadden region.

4.3.7.Superfluously, the court considers that the conditional choice of law of Milieudefensie et al. is in line with the concept of protection underlying Article 7 Rome II, and that the general rule of Article 4 paragraph 1 Rome II, upheld in Article 7 Rome II, insofar as the class actions seek to protect the interests of the Dutch residents, also leads to the applicability of Dutch law.

The full text of the English version of the judgent is available here.

 

 

Aldricus – Momen 17 Agustus saat wabah pasti pas jika kita masih tetap di dalam rumah dan mainkan games di handphone. Berikut kami akan memberinya referensi 7 games Android bikinan Indonesia yang dapat kalian permainkan.

Jejeran games berikut ini memiliki beberapa topik menarik hingga cukup cocok dimainkan bersamaan dengan Hari Kemerdekaan. Mainkan games lokal pasti bisa menolong mengembangnya industri games di Tanah Air.

Beberapa games ini tawarkan berbagai macam topik seperti pahlawan atau hero, jajan lokal, sampai cerita romantis untuk beberapa remaja. Berikut 6 game Android bikinan Indonesia yang bisa kalian permainkan pada Hari Kemerdekaan Indonesia:

1. Diponegoro – Tower Defense

Game Diponegoro – Tower Defense mengusung topik pahlawan nasional Indonesia, Pangeran Diponegoro. Walau gameplay-nya simpel, Diponegoro – Tower Defense ini asyik dimainkan karena tawarkan diagram yang menarik.

Kamu akan bertindak selaku Pangeran Diponegoro yang dapat membuat beberapa menara seperti Menara Tonggak Bambu, Panah Api, Balista, dan ada banyak menara yang lain. Lumayan menarik, games bikinan Indonesia ini menyuguhkan peta yang memvisualisasikan tanah Jawa di mana kamu harus berusaha melawan kolonialisme.

2. Lokapala

Sesudah versus stabilnya di-launching pada 20 Mei 2020, Lokapala jadi games MOBA pertama bikinan Indonesia. Walau diketemukan beberapa bug saat launching pertama kalinya, tetapi si developer Anantarupa Studios, rajin memberinya up-date untuk melakukan perbaikan. Selama ini, Lokapala sudah didownload lebih satu juta kali di Play Toko.

Games cukup menunjukkan beberapa unsur riwayat dan kebudayaan asal dari Indonesia. Bahkan juga beberapa watak hero diadaptasi dari beberapa “pejabat” kerajaan Majapahit. Ada hero atau Ksatriya namanya Nala (Fighter) yang berperanan sebagai Laksamana Angkatan Laut dari Majapahit, yang menolong Jinno (Tanker) sebagai mahapatih, dan Vijaya, si pangeran dari Kerajaan Majapahit. Walau beberapa lain tidak terlampau kental tampilkan hero atau Ksatriya asal dari Indonesia, games ini menjadi alternative untuk fans MOBA.

3. Juragan Wayang : Funny Heroes

Tidak terus-terusan narasi yang kaku, games Juragan Wayang sebagai gabungan dari komedi pedas dan tanding antara hero. Topik yang diangkat cukup konyol di mana pemain bisa mendapati beberapa puluh watak sampai kartu sichir dengan dampak unik.

Kamu harus tingkatkan pahlawan punyamu jadi pahlawan kuat setiap tingkat yang lain. Games ini ibarat games Tower Defense tetapi cuman memakai hero dan tidak mempunyai tower. Bagus sekali, kamu bahkan juga dapat mempunyai hero dengan senjata berbentuk wajan sampai senjata hebat seperti punya Gundam.

4. Tahu Bulat

Tahu Bundar terhitung salah satunya games lokal berjenis replikasi dalam jumlah unduhan tinggi sekali yakni lebih dari 10 juta kali. Kalian akan disuruh untuk jalankan visi sebagai pelaku bisnis yang jual tahu bundar.

Pemain bisa juga menukar mobil dan lakukan penyesuaian untuk menarik konsumen. Developer asal Bandung, Own Game, ternyata sukses memadukan rekam jejak kesedapan tahu bundar dengan gameplay menarik dan simpel dalam basis bermainnya.

5. Bambu Runcing

Games Bambu Lancip sebagai games simpel yang tawarkan narasi saat bangsa Indonesia menantang penjajah. Sama dengan namanya, games ini mendatangkan bambu lancip sebagai senjata khusus menantang watak antagonis berbentuk penjajah.

Games sejenis pembelajaran bikinan Playground SMK Telkom Malang sediakan senjata berbentuk keris yang bisa dilempar dan bambu lancip yang bisa ditusukkan. Bagus sekali, tiap chapter diberi komik yang bercerita perjuangan menantang penjajah di sejumlah daerah Indonesia.

6. Tak Gentar

Game ini tawarkan pemain untuk menjaga Indonesia menghindar gempuran dari bangsa asing. Tidak Gentar mendatangkan beberapa perang terkenal yang sempat terjadi di Indonesia seperti Gempuran Umum Satu Maret, Gempuran 10 November, Pertarungan Bandung Lautan Api dan yang lain.

The post 6 Game Android Buatan Indonesia, Cocok Dimainkan Pas Hari Kemerdekaan! appeared first on Aldri Blog.

Tierce opposition

Chambre de l'instruction

Travail

Presse - Jugements et arrêts

OHB System / Commission
Marché publics
Le président du Tribunal rejette la demande de sursis à l’exécution des décisions de l’Agence spatiale européenne, agissant au nom et pour le compte de la Commission européenne, comportant l’exclusion de la société allemande OHB System du marché public pour la « Fourniture de satellites de transition Galileo »

The second issue of the Journal du droit international for 2021 has just been released. It contains two articles and several case notes relating to private international law issues.

In the first article, Mathieu Guerriaud and Clotilde Jourdain-Fortier (University of Burgundy Franche-Comté, CREDIMI) discuss, from a political perspective, the legal regime of the international contracts for the procurement of Covid-19 vaccines concluded by the European Union (“L’accès au vaccin contre la Covid-19 : le contrat international peut-il suffire ?“). 

The English abstract reads:

The European Union has opted for centralized negotiation to ensure the supply of Covid-19 vaccines to its Member States. To this end, several international contracts have been concluded by the European Commission with pharmaceutical companies. In principle, those contracts are covered by confidentiality, but three of them were published following a dispute over the interpretation of the obligations of one of those companies. Analysis of those contracts indicates that they are advance purchase agreement, which may fall under the Vienna Convention on the International Sale of Goods, and raise issues of interpretation as to the nature of the obligation to manufacture and deliver the vaccine doses. Is it an obligation of result, as the Commission seems to assert, or an obligation of means on the part of laboratories ? The “best reasonable efforts” clauses are particularly difficult to interpret here, especially as part of contracts characterized by an obligation of cooperation between the parties and in a European context of pharmaceutical deindustrialization. In the face of supply difficulties in the execution of those contracts, contractualization shows its limits and some believe that a more radical solution could be envisaged, that of infringing the industrial property rights of the laboratory. To this end, several weapons available to the public authorities are examined here. Some of them, like the ex officio license or the compulsory license, are moderately prejudicial to the rights of the patentee, while others are much bolder and more damaging for the manufacturer, like the expropriation of the patent, the requisition or even the nationalization. In all cases, the question of sovereignty and the pharmaceutical industrial apparatus arises, and it is on this point that decision-makers will have to work for the next decades to come, because medicines, and vaccines in particular, have become diplomatic weapons.

In the second article, Mauricio Almeida Prado (Arbitrator, PhD, University of Paris X) addresses the important issue of incorrect awards in international commercial arbitration (“Réflexions sur les sentences incorrectes au fond dans l’arbitrage commercial international“). 

The English abstract reads:

Awards that incorrectly decide the merits of a dispute are regrettable events in the practice of international commercial arbitration.

As a voluntary mechanism, trust in its ability to promote legal certainty and provide technically correct decisions is at the heart of its choice as a method of dispute resolution. Consequently, the recurrence of incorrect awards as to the merits has negative effects on the arbitral system because it threatens its credibility.

The article is based on three main ideas. First : it is important to define what is meant by an incorrect sentence as to its merits and, above all, not to confound it with divergent sentences, but technically correct. Second, it addresses the most common reasons that lead to errors in arbitral awards. Third : few proposals are presented to improve the organization of evidence production and the quality of the decision-making process by the arbitral tribunals.

A full table of contents can be downloaded here.

Pourvoi c. déc. cour d'appel de Metz du 22 mars 2021

Pourvoi c. déc. cour d'appel d'Aix-en-Provence du 16 novembre 2020

Pourvoi c. déc. Cour d'appel de Papeete du 10 décembre 2020

Pourvoi c. déc. cour d'appel de Versailles du 12 février 2021

Tobias Lutzi (University of Cologne) and Ennio Piovesani (University of Turin) have taken over the responsibility of chairing the EAPIL Young Research Network from Tamás Szabados (ELTE Eötvös Loránd University). They are joining Martina Melcher (University of Graz), who founded the Network in 2019 together with Susanne Gössl (University of Kiel).

The Young Research Network aims to facilitate academic exchange between junior faculty members working on questions of private international law across Europe and to further comparative research through international cooperation. It became part of the EAPIL in 2020 as an official ‘activity’ of the Association.

Since its creation, the Network has successfully completed two research projects, further information on which can be found here.

Together with Dora Zgrabljić Rotar (University of Zaghreb), Tobias and Ennio are currently working on a third research project, that is going to focus on the national rules on jurisdiction in civil and commercial matters over non-EU defendants, in light of the report envisioned in Article 79 Brussels I bis Regulation.

The Young Research Network can be contacted via e-mail at youngresearch@eapil.org.