October 10, 2016 nº 1,801 - Vol. 13

"Life is what happens to you while you're busy making other plans."

John Lennon

Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica

_____________

Get Migalhas International on your mobile

You can now read the newsletter on your mobile device, through the migalhas.com/mobile website. The content of the main sections is the same as that found on the newsletter, but optimized for small-screen displays on mobile devices. Migalhas International Mobile, advancing legal news.

  • Top News

UN rights experts call death penalty ineffective deterrent to terrorism

A group of UN human rights experts spoke Friday on the subject of the death penalty and terrorism, calling the death penalty ineffective, and often times illegal, in deterring to terrorism. Speaking ahead of the World Day Against the Death Penalty, the rights experts stated it has taken notice of governments relying upon the death penalty in order to battle terrorism, either reintroducing capital punishment or expanding the scope of offenses it is applicable to—a policy that contradicts the international movement to abolish the death penalty in all circumstances. Currently, 65 countries maintain some form of the death penalty for terrorism related crimes. The experts were emphatic that there is no sufficient evidence of the death penalty providing more satisfactory results in curbing terrorism than through other forms of punishment, going so far as to say "terrorists who are executed may just gain in prestige as may their cause." In conclusion, the experts called upon nations engaged in resolving the issue of terrorism "to ensure that the programmes to which they contribute do not ultimately result in violations of the right to life."

  • Crumbs

1 - Japanese lawyers urge country to abolish death penalty - click here.

_____________

100% Migalhas: www.migalhas.com

_____________

  • MiMIC Journal

China court sentences former lawmaker to death for corruption

Chinese officials announced Sunday that 70-year-old former legislator Bai Enpei has been sentenced to death for his part in taking bribes. The announcement comes as the government has continued its anti-graft campaign speared by President Xi Jingping to root out any and all corrupt practices in the region. The court found that the former legislator had not only participated in bribes but had also obtained excessive assets allegedly as a result. Bai received a suspended death sentence, which will convert to life in prison with good behavior, a ban from holding political offices as well as a forfeiture of all his assets. (Click here)

Chinese wine-tasters scoop surprise win in France

Chinese wine-tasters have won a taste test in France, in what organizers call "a thunderbolt in the wine world". They came first out of 21 teams by identifying details of six white wines and six red wines without seeing the bottle or label. La Revue du vin de France wrote that the "astounding Chinese team" were "humble even in victory". The French team came second and the US team came third. China's wine industry has grown in recent years as the country has begun to devote an increasing amount of its land to vineyards.

_____________

Tell your friends and colleagues you’ve read it in Migalhas International

_____________

  • Brief News

UN expert: US e-mail surveillance raises human rights concerns

David Kaye, the top UN expert on free expression, stated Friday that reports that Yahoo allowed the US government to search hundreds of millions of customers' e-mails "raise serious human rights concerns." According to recent reports, Yahoo is alleged to have created software to scan all incoming e-mail for specific criteria provided by either the US National Security Agency (NSA) or FBI. Kaye expressed his concerns that the alleged e-mail surveillance meets "the standards of necessity and proportionality for the protection of legitimate government interests." Kaye acknowledged "states place undeniable pressures on the private information and communication technology sector that often lead to serious restrictions on the freedom of expression," but said that those companies have varying degrees of leverage in their relationships with the government and should exercise this leverage so as to "resist or mitigate the harm caused by the abusive application of the law." In closing, Kaye said companies like Yahoo should be evaluated in regards to the steps they take to promote freedom of expression, even in circumstances where promoting that right is difficult.

Yahoo! Data and EU antitrust changes

Yahoo! Has been scanning user emails for the NSA, but it has now been revealed that Yahoo was just one of many companies that bowed to governmental pressure to provide security agencies with consumer data. The European Commission ruled for antitrust probes in a bid to catch more data-heavy transactions is another setback for American tech giants. Right now, the EU’s revenue based rules for antitrust review could allow some illegal deals to go through, but the new guidelines would eliminate that loophole by adding purchase price considerations into the review.

Russia vetoes Security Council resolution on Syria

The UN Security Council on Saturday failed to adopt two measures meant to protect the Syrian people from continued warfare. Russia used its veto power and Venezuela voted against a French and Spanish measure to immediately cease airstrikes and military bombardment missions in the area. In turn many Western nations voted against the Russian resolution that would have begun a multilateral approach to ending the conflict. The resolution differences rested in the timeframe of the ceasefire and the correct way to end the crisis.

Russia 'considering military bases in Cuba and Vietnam'

Russia is considering plans to resume its military presence in Vietnam and Cuba, the country's deputy defense minister says. Nikolai Pankov announced a review of the decision to close the two bases more than a decade ago. The two served as pivots of Soviet military power during the Cold War. It comes amid growing tensions between the US and Russia, and as Russia's parliament approved a longer term military presence at a Syrian airbase.

Nigeria makes 'anti-corruption raids' on judges

Nigeria's security agency says it has seized $800,000 in cash in raids targeting senior judges suspected of corruption. The DSS agency says the raids were carried out in recent days and several judges were arrested. In a statement, the DSS said: "The searches have uncovered huge raw cash of various denominations, local and foreign currencies, with real estate worth several millions of naira and documents affirming unholy acts by these judges. The Nigerian Bar Association (NBA) accused the authorities of carrying out a "Gestapo-style" operation, demanding the release of those arrested. President Muhammadu Buhari has pledged to tackle widespread corruption. (Click here)

US carriers halt Samsung Note 7 sales and replacements

AT&T and T-Mobile in the US have stopped replacing or selling the Samsung Note 7 following new reports that replacement devices still have critical battery issues. The South Korean firm issued a recall of the smartphone in September, and last month assured customers the fixed devices were safe. But there have now been two reports of phones that have been replaced and deemed safe starting to emit smoke. Samsung has said it is investigating the new reports. Meanwhile, the production of the phone has been halted temporarily. "If we conclude a product safety issue exists, we will work with the CPSC (US Consumer Product Safety Commission) to take immediate steps to address the situation," Samsung said.

Hungary's largest paper shuts, alleging pressure

Hungary's largest broadsheet newspaper Nepszabadsag has stopped publication, with journalists and the opposition alleging government pressure. Journalists said it was a "coup" - they were given notice after being stopped from entering the building on Saturday. The owners said it was a business decision following declining sales. There is no government comment. Nepszabadsag has often criticized Prime Minister Viktor Orban. It opposed last weekend's referendum on refugees. Orban's government has often been accused of using public media as a government mouthpiece. A number of private media outlets have also been bought by his allies, critics say.

Aviation industry agrees deal to cut CO2 emissions

The first deal limiting greenhouse gases from international aviation has been sealed after years of wrangling. From 2020, any increase in airline CO2 emissions will be offset by activities like tree planting, which soak up CO2. The deal comes in a momentous week for climate policy when the Paris agreement to stabilize climate change passed a key threshold for becoming law. Scientists applauded both commitments, but warned that plans to cut emissions are far too weak.

Burundi to withdraw membership from ICC

Vice President Gaston Sindimwo of Burundi on Thursday announced the country's decision to withdraw from the International Criminal Court (ICC), stating that his government is "ready to face the consequences." This decision comes in the wake of the ICC prosecutor Fatou Bensouda announcing six months ago that she plans to investigate the ongoing violence in Burundi—an announcement viewed by Burundi as a threat to its sovereignty. Sindimwo stated that his government thought it necessary to withdraw from ICC so that his government and its people can "really be free."

Mylan to settle EpiPen overpricing case for $465 million

The US government said Mylan had wrongly claimed EpiPen as a generic, leading Medicare and Medicaid to overpay for it. The company said the settlement included no admission of wrongdoing.

Paying $15 billion for Twitter will be hard for anyone to justify

Suitors are falling away, and there is no way conventional financial analysis can help any company rationalize an acquisition of the company. Twitter is expected to lose about $270 million next year. Add back around $100 million of interest, then cut in half the roughly $1.7 billion of research and development and marketing costs, as a buyer might do. Twitter’s operating profit would then be about $700 million. Twitter's weighted average cost of capital is roughly 9 percent. To generate an equivalent return on investment, even generously assuming a zero tax rate, would mean paying no more than $7.7 billion for the company, about half its current market value.

Brazil is years away from regaining investment grade

The initial approval of a public spending cap is a step in the right direction, but it will still take years and other tough reforms for Brazil to regain its coveted investment-grade rating, a senior analyst with S&P Global Ratings said. To change Brazil's negative outlook the agency needs to see concrete action from the new government to shore up its depleted fiscal accounts. President Michel Temer said that the overwhelming support for the cap in a special congressional committee on Thursday is a sign it will be approved in Congress. The proposal, which ties public spending growth to the rate of annual inflation for at least 10 years, is at the heart of Temer's austerity plan to close a yawning fiscal gap that cost Brazil its investment grade last year. S&P said that past experiences in India, Russia and Colombia show that a return to an investment grade rating is a difficult process that takes many years.

Centuries of Buddhist tradition make room for Bhutan's first law school

Under the gaze of the Buddhist god of wisdom, embodied in the form of a craggy hillside here, an American academic stood in front of 500 teenagers and posed a simple question: "What does a lawyer do?" As Bhutan's first democratic generation comes of age, there is the challenge of defining law in a nation that has been governed for much of its history in semi-theocracy and by monarchs. And there is the difficulty of designing a curriculum that strikes a balance between educating students in handling disputes in a formal court system and through a village elder — a long-held custom stemming from a belief that justice based on conciliation maintains social harmony. In a culture where the adversarial nature of Western legal practice is seen by some as opposed to Buddhism, which most here follow, Mr. Peil said the stakes were high for training lawyers who could defend Bhutanese values as the demands of modernity came rushing in.

  • Weekly Magazine Review

Time
The White Helmets of Syria

Newsweek
Britain Squelches Concern Over Whether Businesses Would Have To List Foreign Workers

Business Week
Florida's Feud Over Zika-Fighting GMO Mosquitoes

The Economist
Britain and Europe: The road to Brexit

Der Spiegel
Der Weltmacht Kampf

L'Espresso
Critica della Ragion Crillina

-----

How are we doing?

We would like to hear from you how we perform. What you like and what we should change or add… Send us an email; we aim to please!

Tell your friends and associates…

to subscribe to Migalhas International! www.migalhas.com

Express yourself

Want to share your opinion, your experience, your questions? You are welcome to do so. This forum is yours. Please contact the editor: [email protected]

Events

We welcome information about your events or conferences to come. Please contact the editor.

Sponsors

Become a sponsor. Spread your name in the business and legal spheres around the world in Migalhas International.

Subscription

To subscribe:Register your name and your address at https://www.migalhas.com

To unsubscribe:Send your name and e-mail address to in the subject line.We will remove your name soonest.

Address changes:If you want to continue to receive Migalhas International, please make sure we have your current e-mail address.

Contact

Michael Ghilissen, editor: [email protected]

Miguel Matos, publisher: [email protected]

Please feel free to send your comments, questions and suggestions to the editor.

Your comments

We always welcome information, articles, testimonials, opinions and comments about something you've read in Migalhas International. Please forward your contributions to the editor.

Confidentiality

When you add your name to Migalhas International, you can be sure that it's confidential. We do not share, trade, rent or sell this list.Our "privacy policy" contains no fine print.No one gets our list. Period.Your e-mail address is safe with us.

Sharing Migalhas International

If you'd like to share this Migalhas International with friends and colleagues, feel free to forward this issue including the copyright notice.Or, invite them to subscribe so they receive their own Migalhas International every week.

Sources

The content of the Migalhas International newsletter is edited for purposes of news reporting, comments and education from several sources, including: The New York Times, The Wall Street Journal, The Boston Globe, The London Times, Le Monde, Frankfurter Allgemeine, The Financial Times, Radio Netherlands Worldwide, Google News, International Herald Tribune, Paper Chase (jurist.law.pitt.edu), The World Press Review: https://www.worldpress.org, Forbes, Fortune, Time, Newsweek, Harvard Business Review, American Bar Association, American Lawyer Media, FindLaw.com, The National Law Journal, Reuters, Associated Press, Internet Business Law Services, Folha de S. Paulo, O Estado do S. Paulo, Lexis Nexis, West Law, CNN, The Globe and Mail, The Los Angeles Times, Wikipedia and more.

Fair use notice

This newsletter contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of legal, environmental, political, human rights, economic, democracy, 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.

The messages that appear in this newsletter are for informational purposes only. They are not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.

Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information contained on this list may or may not reflect the most current legal developments.

www.migalhas.com

Copyright 2016 - Migalhas International