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13 September 2021

COP26 – The Australian Government's preparation to date

Australia is a confirmed attendee of COP26. To date, Australia has developed and implemented a series of climate change-related policies which focus on a transition away from fossil fuels towards renewable technologies.
13 September 2021

COP26 – China's preparation to date

China is the world's number one greenhouse gases ( GHGs ) emitter and plays a major role in global climate change mitigation. With the notion of "ecological civilisation" being included in the overall planning of the country 1 , and "green" development as one of the key principles for development 2...
13 September 2021

COP26 – Trends in Latin America

From the glaciers of the Andes to the oceans on both sides of the continent, Latin America is home to a vast array of eco-diversity that is particularly vulnerable to the negative impact of climate change. Each Latin American country faces its own challenges, and hence there is no unified Latin...
13 September 2021

COP26 – The UK Government's preparation to date

The UK is hosting the UN Climate Change Conference ( COP26 ) in Glasgow in November 2021 in partnership with Italy.
13 September 2021

COP26 – Trends in the US

Introduction The January 2021 inauguration of Democrat Joseph Biden as president and the installment of Democratic party majorities in both houses of Congress has pushed climate change back into the spotlight as a matter of national political prominence. President Biden has promised to take a “...
13 September 2021

THE EUROPEAN UNION APPROACH TO COP26

European Union aims for COP26 The European Union ( EU ) has made it clear that it aims to translate ambition into action at COP26. One aspect of this will be encouraging major emitters to submit their Nationally Determined Contributions under the Paris Agreement (for more information on Nationally...
10 September 2021

Defamation law for the digital age: The High Court decides media companies are “publishers” of third party Facebook comments

The High Court in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 ( Voller ) found that media companies were “publishers” of third-party Facebook users’ comments made on their Facebook pages. In creating Facebook pages and posting content on them, media companies had facilitated,...
09 September 2021

Vaccinations Webinar

As global COVID-19 vaccination programmes gather momentum, businesses are grappling with whether they can - and should - make vaccination a pre - requisite to accessing workplaces. For those in the construction, energy and infrastructure sectors, this is a particularly important issue, given the...
06 September 2021

Market practice for India disputes clauses reversed by Supreme Court

Investors in India have traditionally accepted arbitration in India when contracting through onshore subsidiaries. Commercial parties (whether foreign or domestic) preferring arbitration in Singapore or London were restrained by market perception that arbitration in India was mandatory for...
03 September 2021

Treasury proposes civil penalties and other changes to unfair contract terms regime

Among other proposals, a civil penalty regime is proposed for standard form contracts containing unfair contract terms which, if passed into law, would apply to an expanded class of contracts.
03 September 2021

German energy law violates European law – European Court clarified the term of a vertical integrated undertaking and decided that the Federal Network Agency must become more independent

On 2 September 2021, the European Court decided that the German legislator has not implemented correctly requirements of the EU Electricity Directive and the EU Natural Gas Directive. In particular, the German concept of a vertical integrated undertaking is too narrow. Besides and most notably, the...
02 September 2021

Fit for 55 – EU recognises the need for a broad alternative fuels infrastructure across Europe

In the context of the ‘fit for 55’ package, published on 14 July 2021, the European Commission proposed the adoption of a new Regulation for the deployment of an alternative fuels infrastructure; the new Regulation will repeal Directive 2014/94/EU ( DAFI ).
31 August 2021

Back to the future on electronic execution, at least for now

As a response to the current pandemic, a series of regulatory instruments and legislative amendments have been put in place to facilitate electronic signing of contracts and deeds. In most (but not all) Australian jurisdictions these amendments have been temporary, albeit generally extended as the...
31 August 2021

Proposed merger reforms: ACCC seeks to increase power to block deals

The Australian Competition and Consumer Commission ( ACCC) has proposed radical changes to the way mergers are regulated in Australia recommending the introduction of a mandatory and suspensory merger review process with limited merits review by the Australian Competition Tribunal.
31 August 2021

UN sharpens draft treaty on business and human rights

The group drafting a new UN treaty adds to global pressure for mandatory human rights due diligence, expanded duties for corporates and better remedies for victims.