October 10, 2007  nº 551  -  Vol. 5  
 

"Hope is like a road in the country; there was never a road, but when many people walk on it, the road comes into existence."

Lyn Yutang
Chinese writer and editor (1895-1976)

In today's Grammatigalhas, the second part of our article on "Achieving clarity and avoiding ambiguity", with lots of "how-to" advices for drafting legal documents. For technical reason pertaining to the length of the column, it cannot appear in the newsletter today, but it is available on the website. You can read it by clicking here.

• Top News

New South American bank planned

Argentina, Brazil, Bolivia, Ecuador, Paraguay and Uruguay and Venezuela will create a new development bank. Following a meeting in Brazil, finance ministers said the Bank of the South would play a "central role in the new financial architecture of the region". The idea for this bank was first put forward by Chavez, who is keen to reduce US influence in the region. He also wants to provide an alternative to lending organizations such as the World Bank and the International Monetary Fund, which he sees as biased, capitalist and imperialist. The Bank is also part of his agenda to bring about South American unity. The bank will be launched next year and will have its headquarters in Venezuela. The bank's capital is likely to start at $7bn - not all cash, but certificates it can call on when needed.

Indian children work despite ban

A year after India banned children under 14 from working as domestic servants or in food stalls, millions continue to be employed. A study released by Save the Children says these children are routinely subjected to different forms of abuse and a lot still needs of be done. Many of the child workers are denied food, and are beaten up, burnt or sexually abused, the study says.

Rice promotes LatAm trade deals

The US Secretary of State, Condoleezza Rice, has called on Congress to ratify free trade agreements with Colombia, Panama and Peru. Not doing so would deliver a "great blow" to those countries, and to US interests in the region, Rice said. The White House has already agreed to the deals, which must be approved by Congress before becoming law. But the Democratic-controlled Congress has expressed concern over labor conditions in the three countries. Bush's administration has portrayed free trade pacts as part of a wider plan to back democracies in Latin America.

EU treaty 'same as Constitution'

The EU treaty is "substantially equivalent" to the EU Constitution.  The European scrutiny committee said it should be "made clear" the UK can keep opt-outs of parts of the document. The government says it has secured opt-outs or "red lines" - in areas such as human rights, tax and benefits, foreign policy and justice, which makes it different. The committee criticized the "essentially secret" drafting of the document, which is due to be signed by EU heads of government in Portugal after an Intergovernmental Committee (IGC) later this month. It said the treaty had been drawn up hastily, with draft texts available to member governments only 48 hours before the IGC in June. This had been carried out "by the Presidency, with texts produced at the last moment before pressing for an agreement", it said. The report said: "The compressed timetable now proposed, having regard to the sitting terms of national parliaments, could not have been better designed to marginalize their role." The report said it was "likely to be misleading" for the UK government to claim that the treaty did not have the same characteristics as the constitution.

Court considers investors' rights in stock fraud

At the U.S. Supreme Court on Tuesday, the justices heard arguments in a case widely viewed as the most important test of investor rights in decades. At issue is whether defrauded investors seeking to recover losses can sue third parties such as banks, accounting firms, and insurance companies that were involved in a stock manipulation. At stake is billions of dollars, and suits like the one brought by Enron investors against banks that allegedly helped Enron design phony transactions to cover up the company's perilous condition. The case before the court Tuesday involves somewhat similar allegations against a company called charter communications, which allegedly conspired with two of its vendors to make its balance sheet look better than it was.

Nobel prizes season

The Nobel Prize for medicine was awarded to two US scientists, Mario Capecchi and Oliver Smithies and their UK collaborator, Martin Evans, for their groundbreaking work in gene targeting. It enabled them to replicate human diseases in mice by introducing genetic changes into the animal's stem cells. This had led to many new insights into conditions such as cancer and heart disease.

French scientist Albert Fert and Peter Grunberg of Germany have won the 2007 Nobel Prize for physics. They discovered the phenomenon of "giant magneto-resistance", in which weak magnetic changes give rise to big differences in electrical resistance. The knowledge has allowed industry to develop sensitive reading tools to pull data off hard drives in computers, iPods and other digital devices.

Legal auditing

Legal auditing is to become a powerful instrument for the prepared, competent, ethical and practicing lawyer; the pendulum that will regulate the interests and passions of the contemporary world and show, unequivocally, that it is possible for human beings to survive. Legal auditing is not lenient, it is not compromised by the interests of economic, financial, political or religious groups. Legal auditing does not enter into secret agreements, nor does it rely upon prominent social figures to tidy up or give a legal face to crime or to illicit civil acts. Read this feature article by Jayme Vita Roso, attorney at Jayme Vita Roso Advogados e Consultores Jurídicos, in the Migalhas Hot Topics section, by clicking here.

REACH Web-Seminar on compliance strategies in the EU chemical industry

REACH is the regulatory and legislative framework on chemicals of the European Union (EU). REACH places greater responsibility on industry to manage the risks that chemicals may pose to the health and the environment. In principle it applies to all chemicals and replaces about 40 pieces of legislation.  It  covers substances  that are used in certain application areas (e.g. fertilizer, reagents, disinfectants, etc.), substances used as ingredients in consumer products (detergents, paints, skin care lotions, etc.) or in articles (shoes, cartridges, furniture, etc.).  REACH also creates the European Chemicals Agency (ECHA), based in Helsinki, with a central coordination and implementation role in the overall process. Manufacturers and importers must provide their downstream users with the risk information they need to use the substance safely. This will be done via the classification and labelling system and Safety Data Sheets (SDS), where needed.

Dr. Annelie Struessmann, of Conusbat in Germany,  provides advice to non-community industry on their obligations and how to fulfil their obligations under REACH, in particular in relation to registration. She teaches courses to the international specialty chemicals industry and the related consumer product industries. Her next REACH web-seminar is on Tuesday, October 30, 2007 in London on “Defining Compliance Strategies for the Coatings & Inks - Polymers - Cosmetics & Toiletries Industry”. For more information about this SpecialChem web-seminar please visit Conusbat's website (click here). An introduction by Dr. Struessmann to the major provisions of REACH is availablehere.

Book sweepstake

Migalhas is delighted to offer its readers, by random drawing, two copies of the book "Legal Audit in Migalhas Website: The Road Towards Institutionalizing it" (Edition: Armazém de Idéias - 311 p.), written and graciously offered by the author, the famous Jayme Vita Roso, of the office of Jayme Vita Roso Advogados e Consultores Jurídicos. Please click here to enter your information.

• Crumbs!

• MiMIC Journal

Eurozone heads target yuan reform

Eurozone ministers have called for China to reform its currency, saying it is too low in value. The ministers were gathering in Luxembourg ahead of a key meeting of the G7 nations later in October. While the US has long been a critic of China's currency policy because it says a weak yuan harms exports of US goods, Europe has not been as vocal. The eurozone group said emerging countries - "especially China" - needed to change their exchange rates.

EU set to track Chinese exports

The EU has reached an agreement with China to track Chinese exports of textiles until the end of 2008. The deal does not limit how much China can export, but should help give European firms "predictability", the EC said. The move is set to help European firms in the run up to 2008, when all caps on Chinese exports are to be lifted.

China's Communist Party Plans New Leadership

China's Communist Party leadership met Tuesday behind closed doors to decide the fate of Shanghai's sacked party boss and hammer out a new leadership lineup ahead of the critical People's Congress, which opens Monday.

Chinese firm Baosteel says billions earmarked for Brazil plant

China's largest steel producer Baosteel Group said its first overseas steel plant in Brazil will involve an initial investment of $3 billion. The Shanghai company holds 60% of the plant, which is located in the state of Espirito Santo in the south, with Brazil’s Companhia Vale do Rio Doce taking the remainder. 

China's Air-Safety Turnaround

The transformation of China's air-safety record from worst to first reflects how the Chinese government has proved able, with significant foreign help, to overhaul a sprawling industry whose safety record was tarnishing the country's image.

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• Historia Verdadera

Ley

La Cámara de Diputados de México aprobó una reforma a la Ley General de Salud que establece una serie de derechos a los enfermos terminales, entre los que destacan que éstos pueden elegir dónde quieren morir y el tratamiento médico que desean.

Aerolínea

Continua la puja por Aeroméxico, los empresários Alberto y Moisés Saba anunciaron un aumento a su oferta de compra por la aerolínea a US$ 166 mlls, supera la oferta de Banamex que ofrece US$ 151 mlls., no así la de Mexicana que asciende a US$ 200 mlls.

Bio-Combustible

El presidente de México, Felipe Calderón, descartó el uso de azúcar y granos básicos en la elaboración de etanol y biodiesel, para lo que se promueve en el Congreso cambios a La ley de Promoción de Bioenergéticos. La legislación debe autorizar el uso de plantaciones como palma africana u otro tipo de arbustos, dijo.

Caterpillar

La multinacional estadounidense Caterpillar, que se dedica a la fabricación de maquinaria para construcción y minería, establecerá en Panamá su sede para América Latina. El futuro complejo industrial de la empresa incluirá un centro de llamadas, una sede regional, un centro de logística y distribución y un Centro de Capacitación y Aprendizaje para la preparación de operadores, lo cual demandará una inversión de US$ 25 mlls.

Impuestos

El presidente argentino, Néstor Kirchner, firmó el martes un proyecto de ley que excluye a unos 300.000 contribuyentes del pago del llamado "impuesto a la riqueza", a falta de 19 días para las elecciones generales.

• Brief News

Turkey warns US over genocide law

Turkey has warned the US that bilateral ties will suffer if Washington adopts a bill recognizing as genocide the Ottoman empire's killings of Armenians. In a letter to US President George W Bush, Turkish President Abdullah Gul said "serious problems" would emerge if US lawmakers passed the bill. “It will be difficult to control the dynamics triggered by Turkish public reaction," Toptan said in a letter to House Speaker Nancy Pelosi. Other Turkish leaders have indicated that Ankara could consider blocking Washington's use of a key military base in Turkey that provides logistical support in Iraq and Afghanistan.

Turkey threatens Iraq border raid

The Turkish government is seeking parliamentary approval for a possible cross-border military operation to hunt down Kurdish separatists in Iraq. Prime Minister Recep Tayyip Erdogan is under pressure to act from a Turkish public outraged by rebel attacks that have killed 15 soldiers since Sunday.

US judge blocks Guantanamo move 

A US judge blocks the transfer of a detainee at Guantanamo Bay to Tunisia, where he says he would be tortured.

'Dirty War' priest gets life term 

A Catholic priest is sentenced to life in jail for involvement in murders during Argentina's 1976-83 military rule.

US court rejects CIA kidnap case

The US Supreme Court has thrown out an appeal by a Lebanese-born German citizen who accuses the CIA of kidnapping and torturing him. Khaled al-Masri had been appealing against the decision of lower courts not to hear his case against the CIA on national security grounds.

Major power company settles landmark acid rain pollution lawsuit 

American Electric Power has settled a lawsuit for $4.6 billion with the Environmental Protection Agency, 12 environmental groups and eight northeastern states. The settlement is expected to be formally announced Tuesday, the same day the lawsuit was set to go to trial. Under the terms of the settlement, which must be approved by US District Judge Edmund Sargus, AEP will reduce nitrogen oxide emissions  by at least 69 percent over the next 10 years, pay $4.6 billion in pollution controls to reduce the causes of acid rain , and pay $15 million in civil penalties and $60 million in cleanup costs. The plaintiffs had alleged that AEP rebuilt coal-fired power plants without installing pollution controls required by the Clean Air Act . AEP will clean up 46 coal-fired operations in 16 plants in the northeast and mid-Atlantic region.

Inflation becoming key issue is Argentina’s election

Inflation has become one of the main issues in Argentina's presidential elections later this month. Consumer groups and hundreds of supermarkets in Argentina are launching a tomato boycott to protest against what they say are rising prices. They are calling for the government to guarantee the officially listed price during the week-long protest. Kirchner's wife, Cristina Fernandez, has promised jobs and economic security if elected.

Airline chief tried over murder

The former chief of  Garuda, Indonesia's national airline, has gone on trial, accused of involvement in the murder of a leading human rights activist. Prosecutors say former Indra Setiawan deliberately allowed an off-duty pilot the opportunity to poison Munir Thalib in September 2004.

Cadbury de-merger 

Cadbury Schweppes has decided to spin off its North American drinks operation after "difficult" credit conditions hampered plans for a sale. Cadbury's beverage business is reportedly worth up to £7bn as a separate entity. The company said it would now focus on listing the business - which has brands such as Dr Pepper, 7Up and Snapple - on the New York Stock Exchange. The de-merger is expected to be completed in mid-2008. Cadbury also said that it had enjoyed strong confectionary sales during the third quarter, with revenue up 10%.

Two global brewers team up in US

The brewer behind Miller Lite and Peroni, SABMiller, and smaller rival Molson Coors have said they will create a joint venture in the US. The new firm, called MillerCoors, will be 58% owned by SABMiller, but there will be equal say in how it is run. The two say they hope the merger will let them cut costs by as much as $500m a year. The deal is expected to go through by mid-2008, subject to regulatory clearances and shareholder consent.

Brazil sees $15 billion in auto sector investments

Brazil's auto industry should spend $15 billion over the next three years to expand its production capacity to 5 million vehicles a year from 3.5 million. The sector is operating close to the limit of its capacity as Brazilians are buying more cars because of accelerating economic growth and falling interest rates.

EU says may still ban Brazil meat over health concerns

The European Union may resort to a ban on Brazilian meat imports if the South American agricultural giant does not improve food safety standards. EU experts will travel to Brazil next month to carry out an assessment to see if Brazil complies with Brussels' directives. European farm groups, most notably Irish and British farmers, have been pressing the European Commission, the EU's executive arm, to get tough with their competitors in Brazil for what they say are substandard conditions. The Brazilian government and the country's farming industry deny the claims of use of illegal growth hormones and say Brazil is implementing the recommendations of EU animal health officials who visited the country in March.

Time required for establishing companies in Brazil is 20 days

The time required for establishing companies in Brazil is 20.3 days, according to a survey conducted by the Brazilian Ministry of Development, Industry and Foreign Trade. In 2005, it took 39.5 days to establish a company in the country. The reduction is the result of an investment in the implementation of computer systems and integration between the systems of the Commercial Registries, a reduction in the number of regulations required for mercantile registration, from 99 to 30, the implementation of "Centrais Fácil" ('Easy Centres'), and the creation of nearly 500 advanced service points of the Commercial Registry. Brazil is becoming one of the most attractive markets in terms of receiving foreign investment. The ease in establishing enterprises is an important aspect for large investors to make decisions of injecting or not injecting funds into countries, hence the efforts of the Brazilian government for reducing the time required.

White House denies leaking al-Qaeda video

The White House denied leaking an Osama bin Laden video, an act that a private intelligence firm says has seriously diminished their intelligence gathering capabilities. Saying that they were "very concerned" to learn about the matter, White House spokeswoman said no internal investigation has been planned but that the issue would be referred to the Director of National Intelligence.

House Democrats propose new surveillance legislation 

Democrats in the US House of Representatives  introduced a draft bill Tuesday designed to "modernize" the 1978 Foreign Intelligence Surveillance Act (FISA) . The so-called RESTORE Act of 2007 ("Responsible Electronic Surveillance That is Overseen, Reviewed and Effective Act of 2007") would increase court oversight of the Terrorist Surveillance Program  run by the National Security Agency. The bill, introduced by Majority Leader Steny Hoyer (D-MD), would replace the Protect America Act 2007 , which was passed  by Congress in August as a temporary FISA update. The bill "crafts a careful balance between security and freedom and it makes clear that FISA is the law of the land."

Rhode Island high court considers same-sex divorce case 

The Rhode Island Supreme Court  Tuesday heard arguments in a case on whether a lesbian couple legally married in Massachusetts has the right to divorce in Rhode Island. In Chambers v. Ormiston, Rhode Island residents Cassandra Ormiston and Margaret Chambers are seeking to end their 2004 Massachusetts marriage. Lawyers for the couple argued Tuesday that if the divorce is not permitted in Rhode Island, the couple's only recourse is to move to Massachusetts and establish residency for a divorce in that state, which lawyers said would be an unfair burden. Lawyers for each side stressed that the case does not consider whether an out-of-state same-sex marriage is valid in Rhode Island, rather focusing only on the parties' right to divorce.

• Daily Press Review

MSF withdraws from Darfur clashes
BBC News, Centrist newscaster, London, England

More displaced as insecurity persists in North Kivu
CongoPlanet.com, Independent online news aggregator

Disaster Looms On the Volta Basin
GhanaWeb, Online news portal, Amsterdam, Netherlands

Nigeria: Politics Mired in Corruption and Violence
Human Rights Watch (Africa), International news press releases

Parts of Joburg University closed
iafrica, Online news portal, Cape Town, South Africa

Man sues killer girl's mother
Independent Online, News portal, Cape Town, South Africa

Smacking a child may cost R300
Mail & Guardian Online, Liberal, Johannesburg, South Africa

Cops smash teen 'child porn ring'
News24.com, Online news portal, Cape Town, South Africa

Che 'rises again' in Bolivian town where he died
Brazil Sun, Independent online news aggregator

PNM, UNC and COP candidates for Trinidad and Tobago Elections 2007
Caribbean News Portal, Online news aggregator

Colombia: Uribe Must Respect Judicial Independence
Human Rights Watch (Americas), International news press releases

Cuba: Ecomaterials for Low-Cost, Hurricane-Proof Housing
IPS Latin America, International cooperative of journalists, Rome, Italy

Jamaica Defence Force (JDF) Chief of Staff, Commish walk
Jamaica Gleaner, Independent daily, Kingston, Jamaica

Peru: Photo of the day - Peru Prepares for Saturday October 13
Living in Peru, News portal, Lima, Peru

Shaken by deaths in 'outdoor capital,' extreme athletes vow to press on
The Globe and Mail, Centrist daily, Toronto, Canada

Why I deserve your vote
Toronto Star, Liberal daily, Toronto, Canada

Presidenr asks Jakarta governor to deal with traffic jams
Antara News, News agency, Jakarta, Indonesia

Former Guj BJP CM resigns; blames Modi
India Express, News portal, Mumbai, India

66-yr-old murdered in Kolkata
India Times, Conservative daily, New Delhi, India

Not all of us know how to play fair
Japan Times, Independent centrist, Tokyo, Japan

Shootout in Rantau Panjang (updated)
Malaysian Star, Online news portal,  Selangor Darul Ehsan, Malaysia

Lismore declared disaster zone after hailstorms
New Zealand Herald, Conservative daily, Auckland, New Zealand

Strong earthquake hits Sumatra, Indonesia
People's Daily Online, English-language, Beijing, China

Sombre Wallabies back home
Sydney Morning Herald, Centrist daily, Sydney, Australia

Left hopes government will not proceed with talks on nuclear deal
The Hindu, Left-leaning daily, Chennai, India

Flood defence money 'falls short'
BBC News, Centrist newscaster, London, England

LRC hosts further talks on HSE recruitment freeze
BreakingNews.ie, Online news portal, Cork, Ireland

Madeleine 'was left in room with six other youngsters'
Daily Mail, Conservative daily, London, England

Telefónica, Nokia collaborate to develop mobile internet services
DMeurope, Online news portal, Amsterdam, Netherlands

ETA suspected in Spain bomb attack that wounds bodyguard
International Herald Tribune, Independent daily, Paris, France

Parking could go underground
Isle of Wight County Press, Independent daily, Isle of Wight, England

Row over Jesus picture
Manchester Online, Independent daily, Manchester, England

Spiegel Interview with Putin Confidant Vladimir Yakunin:  'The West Shouldn't Humiliate Us'
Spiegel International, Liberal newsmagazine, Hamburg, Germany

Darling rebuffs Tory theft claims over budget plans
The Guardian, Liberal daily, London, England

'Significant' oil find off Wexford coast
The Irish Times, Centrist daily, Dublin, Ireland

Sarkozy meets Putin in Kremlin
The Scotsman, Moderate daily, Edinburgh, Scotland

Mothers to swap  babies after  hospital mix up
The Telegraph, Conservative daily, London, England

Security firms under attack after women are shot dead
Times Online, Conservative daily, London, England

Report: Hareidi Birthright Program
Arutz Sheva, Online, right-wing, Tel Aviv, Israel

Turkey Prepares for Operation in Iraq
Asharq Al-Awsat, Pan-Arab daily, London, England

Wisconsin killer cop shot himself
Gulf News, Independent daily, Dubai, United Arab Emirates

German historian publishes chilling read: Hitler's fan mail
Haaretz, Liberal daily, Tel Aviv, Israel

Presidential Crisis Avoided Just in Time
IPS Middle East, International cooperative of journalists, Rome, Italy

'Made in Arab countries' final contest on Nov. 13
Middle East North African Network, Online financial portal, Amman, Jordan

Sarkozy, Putin Kick Off First Meeting Carefully
Nahamet, Online news portal, Beirut, Lebanon

Israelis grab more land near East Jerusalem
The Daily Star, Independent daily, Beirut, Lebanon

Security forces attack Badr Religious Center after head demands release of Sa'ada detainees 
Yemen Times, Independent weekly, Sana'a, Yemen

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emocracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material in this newsletter is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

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