September 8, 2014 nº 1,540 - Vol. 12
"A fool too late bewares when all the peril is past."
Elizabeth I
Queen of England
1533-1603
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China forging international law: the SCO experience
The rules adopted for the Shanghai Cooperation Organization (SCO) are revealing of Beijing's attitude towards international law in general. At first glance, the SCO is as good an international organization as any. Like the United Nations (UN), it has a Charter stating that it is a subject of international law endowed with international legal personality. Adopted in 2002, the SCO Charter also creates the necessary organs: a Secretariat and a Regional Anti-Terrorist Structure (SCO RATS) as the permanent organs, and a Council of Heads of State (HoS), Heads of Government (HoG), Foreign Ministers, National Coordinators (NC), and Meetings of the Heads of Department as the meeting organs. The institutional set-up of the SCO was further fleshed out with a 2002 SCO RATS Agreement, a Budget Agreement, various internal regulations adopted in 2003, and a 2004 Immunities Convention. However, closer analysis reveals a significant lack of substance behind this presentable façade. The 2004 SCO Immunities Convention is more or less a copy of the 1946 UN General Convention on Privileges and Immunities, with the crucial difference that the SCO is not a party in its own right to this instrument. The SCO has therefore no standing in disputes where its own immunity or the immunity of its personnel is at stake. Also, the permanent organs of the SCO have no right to invite their own guests who would then enjoy free entry and immunity during their visit (the so-called jus missionis). As a result, guests invited to the SCO Secretariat in Beijing are by default also the guests of the People's Republic. The same holds true for the SCO RATS in Uzbekistan. The development of the SCO is further curtailed by its meager budget. The organization enjoys no meaningful financial autonomy vis-à-vis its member states. Further, the powers of the SCO Secretariat and its Secretary-General face clear legal boundaries. The SCO Secretary-General is subordinate to the – nationally appointed – NC Council and supervised by a permanent representative dispatched by a member state. The permanent representative is not allowed to choose his or her own staff, and is not permitted to make political statements that go beyond the established practice of the organization. And because the post rotates among the member states every three years with no re-election possible, no SCO secretary-general can be expected to ever develop a meaningful profile in the international community.
Same-sex law needs definition
A federal judge in New Orleans, knowing he was going against the current, ruled last week that Louisiana's law banning same-sex marriage was legal. The ruling will upset some, please many. It also all but guarantees the issue will once again reach the US Supreme Court. US District Judge Martin Feldman, in his ruling, states the 2004 constitutional amendment banning same-sex marriage falls within the parameters of a state's right to define marriage. Feldman said gay marriage supporters failed to prove that the ban violates equal protection or due process provisions of the US Constitution.
It's time to make emotional abuse a crime
Psychological violence is hard to define and hard to police. That's exactly why those experiencing it need the law to be changed. The French have already criminalised "psychological violence". British ministers – who are considering making "coercive control" within intimate relationships a crime should do the same. Coercive control is sometimes described as if it is a mild form of domestic abuse, but this is a mistake. It is, in fact, the foundation stone on which abusive relationships are built. If a stranger hit you, you wouldn't go home with them, much less deny it happened later – often the very modus operandi of domestic violence. Coercive control creates the psychological conditions that allow abusive relationships to exist and to escalate, often with fatal consequences – an average of seven women and two men are killed by their current or ex-partners every month in England and Wales. Coercive control is increasingly being acknowledged as a significant predictor of future violence and murder by domestic violence charities and the police. Thirty percent of women have experienced this kind of relationship. Obviously coercive control is not just present in partnerships. It permeates and perpetuates all kinds of toxic domestic relationships. There are many questions to answer about any potential legislation: where would we draw the line between unpleasant behavior and abuse? How would the law be enforced? What would the penalty for breaking it be?
Litigation in Brazil
Litigation and enforcement in Brazil is the subject of this outstanding article by Rogério Carmona Bianco, Fábio Peixinho Gomes Corrêa and Maria Beatriz Rizzo of Lilla, Huck, Otranto, Camargo Advogados, wrapped up in 35 questions and answers. (Click here)
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Alibaba could see $155 billion valuation in US IPO
China's biggest e-commerce firm Alibaba Group Holding says it expects to price its initial public offering (IPO) at between $60 and $66 per a share. It has filed to sell up to $24.3bn stock, which would make it the biggest technology listing in the US.
Overpaid Bank Chief in China Means 2% of What Dimon Gets
Jiang Jianqing, chairman of Industrial & Commercial Bank of China Ltd., earned less than 2 percent of Jamie Dimon's compensation last year while reporting twice the profit of JPMorgan Chase & Co.
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Pound falls on fears of Scottish independence
The pound has fallen to its lowest level in 10 months amid uncertainty about Scotland's future within the UK. The currency fell 1% in early Monday Asian trading to $1.6165, and also fell almost 1% against the euro to 1.2527. It came after a YouGov poll suggested supporters of an independent Scotland had taken a narrow lead in the referendum debate for the first time. There is considerable uncertainty surrounding what currency arrangements an independent Scotland would make, with politicians in Westminster saying a formal currency union would be impossible. Scotland could use the pound informally without control over policy in any case - as it could do with any other currency. Barclays said in a research note that "a vote for independence only marks the opening chapter in uncertainty over issues ranging from the timelines for political and economic independence, resultant institutional frameworks, lender of last resort for Scotland, the division of assets and liabilities, fiscal impact and policies, and what currency choices Scotland will have available and choose". UK Chancellor George Osborne has promised a timetable for further devolution if voters in Scotland reject independence at the ballot box. "You will see in the next few days a plan of action to give more powers to Scotland; more tax powers, more spending powers, more powers over the welfare state.”
US 'to go on offensive' against IS
Obama is to set out his "game plan" against Islamic State militants this week, saying "we will defeat them". The strategy would not involve the US alone but would be one pursued by an international coalition. Meanwhile, the Arab League has vowed to take "all necessary measures" against IS, which has seized a huge amount of territory from Iraq and Syria.
Law school should be funnier, says professor
Stephen F. Reed, a clinical law professor at Northwestern University School of Law, says professors shouldn't underestimate the pedagogical power of laughter. "Humor can have value in creating a lively classroom environment in which students are ready to learn, and in its best forms can help faculty accomplish their pedagogical goals," Reed writes. He directs his argument particularly at instructors unaccustomed to the lighter side of law. Everyone, he says, can find their funny bone. “If you have ever noticed something offbeat in a case or chuckled at the folly in some legal doctrine, you have the capacity to bring humor to the classroom. Heck, if you've ever laughed anywhere at anything in your life then you have that capacity – all it takes is an openness to funny or unusual ideas and a willingness to share them with others.” But he does offers some pointers. He encourages professors to brush up on pop culture and jot down ideas before class. And he also cautions against going overboard
Here's a few classic legal jokes that could come in handy
"You're a high-priced lawyer! If I give you $500, will you answer two questions for me?"
"Sure", says the attorney. "What's the second question?"
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A famous lawyer found himself at heaven's gates confronting St. Peter. He protested that it was all a mistake: he was only 49, and was far too young to be dead.
"That's odd," said St. Peter, "according to the hours you've billed, you're 119 years old."
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One day in court, a lawyer fell into a heated argument with the presiding magistrate over a point of law. "You've been showing contempt for this court!" the judge finally exclaimed.
"No, Your Honor," the lawyer replied, "I've been trying to conceal it."
Dozens accused in Petrobras scandal
An ex-director of Brazil's state-run oil company Petrobras has accused more than 40 politicians of involvement in a kickback scheme over the past decade. Paulo Roberto Costa - who is in jail and being investigated for involvement in the alleged scheme - named a minister, governors and congressmen. Costa claimed that politicians received 3% commissions on the values of contracts signed with Petrobras when he was working there from 2004 to 2012. He alleged that the scheme was used to buy support for the government in congressional votes. Petrobras has become one of the world's most indebted oil companies and lost half of its market value in three years. Costa was arrested in 2013. He is now in jail and struck a plea-bargain deal with prosecutors before giving the names. Dilma Rousseff's secretary general said information leaked to local media from a police investigation into alleged kickbacks is an attempt to alter the results of the October national election.
UK set to challenge EU cap on bankers' bonuses
The UK's objection to the European Union's plans to cap bankers' bonuses is set to be heard in the bloc's highest court on Monday. The UK Treasury wants to overturn the cap which it says was "rushed through without a proper impact assessment". "The cap could undermine financial stability by leading to higher fixed costs," a Treasury spokesman said. The cap limits bankers' bonuses to a year's basic salary, or double their salary with shareholder agreement. It is designed to come into effect on bonuses awarded from 2014, and will apply in all 28 countries within the EU as well as EU banks operating overseas.
UN tribunal overturns ruling in favor of whistleblower
The UN Appeals Tribunal (UNAT) last week overturned a decision in favor of a whistleblower involved with the UN peacekeeping mission in Kosovo. James Wasserstrom, a US diplomat currently serving as an anti-corruption officer at the US embassy in Kabul, accused high-level colleagues of retaliating after he suggested that they had been involved in corruption during the mission. In its decision the UNAT applied previous rulings to find that their tribunal only has jurisdiction over certain decisions by specific UN bodies. This does not include decisions made by the UN Ethics Office, the entity established to protect UN whistleblowers. Whistleblowers have expressed concern because the UN Ethics Office has not historically protected the whistleblowers who have sought their support.
S.E.C. names first Ombudsman
The Securities and Exchange Commission has chosen Tracey L. McNeil, an agency veteran and former corporate lawyer, to "act as a liaison in resolving problems that retail investors may have" with the agency.
SEC loses second insider-trading case in 7 days
The Securities and Exchange Commission lost its second insider-trading trial in the space of seven days, when a federal jury on Friday cleared a former chief executive of a California chip maker.
Obama will put off executive actions on immigration
Obama abandons a plan to use his powers to force through immigration reforms that were blocked by Republicans in Congress.
ICC prosecutors adjourn trial of Kenyan president indefinitely
The Office of the Prosecutor at the International Criminal Court (ICC) on Friday decided to adjourn the trial of Kenyan President Uhuru Kenyatta indefinitely. Kenyatta was charged in March 2011 with five counts of crimes against humanity as an indirect co-perpetrator of the violence following Kenya's 2007 elections, which led to more than 1,100 deaths. The trial was scheduled to commence on October 7, but ICC chief prosecutor Fatou Bensouda stated the Kenyan government's failure to comply with evidence requests has resulted in a lack of evidence for the case to proceed to trial. African leaders have pressured the ICC to drop the case and leaders accused the ICC of only investigating alleged international crimes which occur in Africa.
New lethal injection procedures expected in Oklahoma
Oklahoma Governor Mary Fallin announced a series of new protocols Thursday that are expected to take effect for state executions. Her announcement followed a report issued by the Oklahoma Department of Public Safety on Thursday detailing the findings of the prolonged execution of Clayton Lockett last April.
Local law school can help register your trademark
A trademark registration process requires that one be patient and thorough. Though it can be done without involving a trademark lawyer, it's advisable to seek the services of an attorney who focuses on intellectual property law. So how can an entrepreneur, who is trying to conserve cash, get the qualified help he or she needs? A place to go is the South Texas College of Law Trademark Clinic. The law school is one of a handful of American law schools in which students serve as trademark agents.
Holder announces DOJ investigation of Ferguson police
US Attorney General Eric Holder announced Thursday that the Department of Justice (DOJ) will open an investigation to determine whether Ferguson Police officials have systematically violated the US Constitution or federal law.
Teacher tenure law constitutionality in Supreme Court's hands
Act. 1 of the 2012 legislative session, commonly referred to as the teacher tenure law, has many pieces but whether that's enough to declare it unconstitutional is in the hands of the Louisiana Supreme Court. At stake is whether the law violates a Louisiana Constitution provision that legislation be written to address a single object. Act 1 makes it easier to lose and harder to earn tenure, establishes a policy for dismissing teachers for failing annual assessments, creates a system for teachers to appeal their firing, removes a pay scale that favors experienced teachers and changes criteria for when teachers have to be laid off so seniority is not a factor. It also strips school boards of some authority, transfers to superintendents the power to hire and fire employees and teachers, requires that school boards submit copies of local superintendents' contracts to the state Department of Education and requires boards to submit reasons for firing superintendents.
Time
The Second Age of Reason
Newsweek
The Independence Debate Gets Personal. Two friends, divided by their views on Scottish independence, travel the length of Britain. But will their friendship survive the trip?
Business Week
Get Your Child Into the Ivy of Her Choice
The Economist
Ukraine, Russia and the West: The long game
Der Spiegel
Der Bröckelstaat. Wie wir Zukunft und Wohlstand verspielen
L'Espresso
Governare Stanca
US expands air campaign against IS group
Al Jazeera, Doha, Qatar
Anti-terror for U.S. tots: the coloring book
Haaretz, Liberal daily, Tel Aviv, Israel
Pro-Union figures step up campaign
BBC News, Centrist newscaster, London, England
Are Rubio, Cruz running for president?
CNN International, London, England
Alfie Moon sets fire to his house as debts pile up... but is someone trapped inside?
Daily Mail, Conservative daily, London, England
David Cameron and Ed Miliband could both be forced out in the event of a win for the YES campaign with the Tory and Labour parties left in turmoil, warn senior figures†
Daily Mail, Conservative daily, London, England
Immigration tension in French port of Calais
EuroNews, International news, Ecully Cedex, France
Arab states to take 'necessary' steps to defeat IS jihadists
France 24, Issy-les-Moulineaux, France
Picnic time in Ottoman Istanbul
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Thousands trapped and hundreds killed by floods in India and Pakistan
Independent The, London, England
Major Ukrainian TV provider drops Russian channels
Moscow News The, Independent, Moscow, Russia
George Clooney says he will marry Amal Alamuddin in Venice
Telegraph The, Conservative daily, London, England
Strictly Come Dancing 2014 launch show: as it happened
Telegraph The, Celebrity news, London, England
FDA to start issuing fines from today
China Post, English-language daily, Taipei, Taiwan
Pyongyang Sets Trial Date for U.S. Detainee
Chosun Ilbo, Conservative daily, Seoul, South Korea
Notorious serial killer Jack the Ripper identified through DNA traces
Hindustan Times, New Delhi, India
22-year-old found hanging after tiff with hubby
India Times, Conservative daily, New Delhi, India
Japan-U.S. summit eyed if TPP deal reached
Japan Times, Independent centrist, Tokyo, Japan
Obama to outline strategy on Islamic State
New Zealand Herald, Conservative daily, Auckland, New Zealand
Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore
'I don't have to bury my past'
Sydney Morning Herald, Centrist daily, Sydney, Australia
National League Leaders
Taiwan News, English-language daily, Taipei, Taiwan
Obama to reveal strategy to tackle ISIS threat on Wednesday
The Economic Times, Business, Mumbai, India
U.S., Georgia strengthen defence ties over Russian aggression
Canadian Broadcasting Centre, Toronto, Ontario
Canadian army advisers to be stationed in Iraq's north
Globe and Mail The, Centrist daily, Toronto, Canada
Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S
Latin America's Anti-drug Policies Feed on the Poor
IPS Latin America, International cooperative of journalists, Rome, Italy
Asian shares slip, China data fail to temper growth concerns
Reuters, Business News, New York, U.S
U.S. air strikes target insurgents near Iraq's Haditha Dam
Reuters, World News, New York, U.S
The science of ice forensics in the Arctic Franklin search
Toronto Star, Toronto, Ontario
New al-Shabab leader announced
BBC News, Centrist newscaster, London, England
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