Milieudefensie vs. Shell. O sobre las nuevas formas de la justicia (Milieudefensie vs. Shell. Or on
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NCC webinar contract clauses
Xandra Kramer was speaker at a webinar organised by the Netherlands Commercial Court (NCC) on 13 November 2024. The theme of the webinar was “Jurisdiction clauses: how to escape from the jungle of infinite possibilities?”. Lawyers from all over the world attended the webinar. Other speakers were Professor Krzeminski, Judge Bom (President NCC District Court) Judge Oranje (President NCC Court of Appeal), Mr Visser (NCC Registrar and chat-moderator) and Ms Borrius (Partner at Florent law firm, moderator webinar).
See for further information the website of the NCC.
Published: October 4, 2021
In this paper, Carlota Ucín analyzes the recent case “Milieudefensie vs. Shell”. The decision adopted in the first instance condemned the company to achieve a net reduction of at least 45% of emissions by 2030, taking as a reference the values of 2019. This particular form of Public Interest Litigation, oriented to mitigate climate change, imposes new ways of understanding law and jurisdiction. In this sense, the ruling highlights an expansive interpretation of the content of human rights, used in the case as an interpretive key for the precision of state and private obligations.