ASEAN Law Ministers Gather in Brunei

Ministers of Law from the ten member states of the Association of Southeast Asian Nations (ASEAN) met in Brunei in late October for their seventh ASEAN Law Ministerial Meeting (ALAWMM).  Topics of discussion centered around the legal implications of the November 2007 adoption of the organization’s first legally binding charter, including cooperation in criminal adjudication, extradition, counter-terrorism, and trade law.  According to the group, the introduction of a formal charter creating a rules-based intergovernmental organization will necessitate a greater role for ALAWMM within ASEAN as legal cooperation between member states becomes more important.  The body of law ministers had last met in 2005 and will hold its next meeting in Cambodia in 2011.

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Network on Exchange of Information Expanded by New OECD Pacts

The British Virgin Islands, Guernsey and Jersey signed sixteen new bilateral tax information exchange agreements (TIEAs) with various OECD countries. Since 2000 the OECD has been working with financial centers across the globe to sign TIEAs in order to increase the transparency and accountability of cross-border transactions. Recently, TIEAs have taken on increased importance due to the global financial crisis and various tax evasion scandals. According to OECD Secretary-General Angel Gurria, “The political climate is changing, and financial centers that do not respect the OECD standards will not be allowed to gain a competitive advantage…It is in the interest of all financial centers to have adequate measures in favor of full transparency as quickly as possible.”

This is the third such bilateral agreement signed by the British Virgin Islands; Jersey has signed 10 and Guernsey nine. Other financial centers are making progress towards full exchange of information, including Cyprus, Malta and Belgium. Additionally, the government of Hong Kong has recently taken steps to review its exchange of information policy.

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Albania, Croatia Move Closer to NATO Membership

On October 24 President Bush signed NATO accession protocols for Albania and Croatia, bringing the two nations one step closer to joining the organization.

Senate ratification of the protocols and the presidential signature follows the extension of an official invitation to the two nations at NATO’s summit in Romania last April. All 26 NATO members must ratify before they can join the alliance, which could happen as soon as 2009.

The accession of Albania and Croatia - as well as preliminary approaches towards Macedonia, and assessments of Georgia and the Ukraine - is dependent on proof that the nations “are firmly on the path of democratic and internal reforms.” Engagement also reflects NATO’s current attempt to increase its level of cooperation in preparation for the alliance’s 60th anniversary this coming April.

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United States, Peru Announce Debt-for-Nature Agreement

A new agreement between Peru and the United States will forgive $25 million of Peru’s foreign debt in return for a commitment to pay for nature conservation.  Under the agreement, Peru can redirect its debt payments from the United States to local funds set up to administer conservation grants to protect tropical rainforests in the Amazon basin and dry forests in the central Andes, according to the U.S. State Department.

This deal is the thirteenth debt-for-nature swap signed under the U.S. Tropical Forest Conservation Act (TFCA) of 1998, legislation that aims to provide funding for forest conservation while alleviating debt pressure on developing nations. U.S. officials estimate the TFCA deals will generate $163 million over the next 10-25 years to conserve 20 million hectares of land.  Other countries, including Panama, Bangladesh, Botswana, Belize Colombia, Costa Rica, El Salvador, Guatemala, Jamaica, Paraguay, and the Philippines have signed similar deals.

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ASEM Leaders Seek International Cooperation On Financial Crisis

At the seventh annual Asia-Europe Meeting (ASEM), leaders of European and Asian nations called for international participation in a global summit on the financial crisis. The summit is scheduled to take place on November 15 in Washington, DC.

The 16 Asian and 27 EU leaders issued a joint statement saying that “long-term stability of the global and regional financial markets is key to sustainable economic growth of both regions.” They urged the international community to “take effective and available economic and financial measures in a comprehensive way to restore market confidence, stabilize global financial markets and promote global economic growth.”

President Sarkozy, who currently holds the EU’s rotating presidency, said that a pointed discussion and decisive action were needed on financial issues, including the global currency markets.

“Europe, Asia, and the US and other major financial partners need to work together to define and agree responses to the regulatory challenges,” said European Commission President Barroso at the ASEM opening. Mr. Barroso also cautioned against nations “closing the door and simply looking after our own house,” and called on member nations to “firmly resist calls for protectionism, isolation and economic nationalism.”

At a press conference, Chinese Premier Wen Jiabao said that all nations, “especially the developing ones, need to take decisive measures to stabilize their financial markets” through the development of “confidence, cooperation, and responsibility.”

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To read President of the European Commission José Barroso’s address at the ASEM convention, please click here.

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European Court Annuls Iranian Fund Freeze Order

On October 23, the Court of First Instance of the European Communities annulled the December 2007 renewal of an order of the EU Council freezing the assets of the People’s Mojahedin Organization of Iran (PMOI). The Court found that there was insufficient legal justification for the order. It doing so, it relied on a 2007 British decision removing the PMOI from a list of organizations concerned with terrorism. According to the Court, the Council had failed to provide additional evidence to justify keeping the PMOI’s funds frozen.

Under the authority of a December 2001 regulation, the Council can freeze the funds of organizations involved in terrorism. Since May 2002, the Council has identified the PMOI as one such organization. The PMOI, a pro-democracy movement founded in 1965, claims to have ceased military operations in 2001. It has repeatedly litigated the Council’s decision to freeze its assets. In December 2006, the organization won an annulment of the Council’s decision on the basis of procedural and evidentiary defects. The Council renewed the freeze order and remedied these defects.

Although the Court approved of the Council’s procedural remedies, it still invalidated the December 2007 freeze order. The Court cited an November 2007 British Proscribed Organisations Appeal Commission (POAC) decision ordering the Home Secretary to remove the PMOI from its list of proscribed organizations concerned with terrorism. POAC called classifying the PMOI as a terrorist organization “perverse” and “unreasonable.” Given this forceful declaration by a competent national authority on the same evidence before the Council, the Court reasoned, the Council’s assertion that the Home Secretary intended to appeal the decision did not constitute sufficient grounds to maintain the freeze order. The Court also noted that the Home Secretary cannot appeal POAC’s findings of fact, thus requiring the Council to submit additional evidence beyond what POAC considered in order to justify continuing to freeze the PMOI’s assets.

The Council reaffirmed the decision to freeze the PMOI’s funds in July 2008, citing the availability of new information. A PMOI challenge to that decision is still pending.

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Congress Passes US-India Civil Nuclear Accord

The U.S. Congress passed legislation granting India access to nuclear technology on October 1. The move comes more than three decades after India tested its first nuclear weapon.

On September 28, the bill passed in the House of Representatives. Shortly afterward, the Senate approved the measure by a vote of 86 to 13. It will now go to President Bush, who says he looks forward “to signing this bill into law and continuing to strengthen the U.S.-India strategic partnership.”

Under the agreement, India will gain access to U.S. nuclear technology, material, and equipment, as well as components for nuclear research. Both countries hope that India will now be better equipped to meet its rapidly growing energy needs. According to President Bush, the legislation also brings India’s nuclear programs under international inspections and strengthens nuclear non-proliferation efforts.

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ASEAN Charter Approved in Bangkok

Thailand has joined eight other Asian countries in approving the first Association of Southeast Asian Nations’ (ASEAN) Charter, a constitution establishing ASEAN as an international legal entity.  The Thai Senate ratified the ASEAN charter in mid-September, sending the document to the King of Thailand for his signature.

Thailand is the ninth of the ten ASEAN states to ratify the charter.  News reports indicate that the last remaining state, Indonesia, will likely follow suit next week.  For the charter to become legally binding all ten states must ratify it before the next ASEAN summit in December 2008.

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US Ratifies Singapore Treaty on Trademarks

The United States ratified on October 1 the Singapore Treaty on the Law on Trademarks.  The Singapore Treaty, concluded under the auspices of the World Intellectual Property Organization (WIPO) in March 2006, marks international efforts to update the 1994 Trademark Law Treaty (TLT) in light of changing trademark practices.  Over 50 countries have signed the Treaty, which will enter into effect when 10 contracting parties (countries or qualifying intergovernmental organizations) ratify it.  The US is the eighth party to finalize the ratification process.

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WTO Says Conclusion of Doha Would Boost Global Economy

Director General of the WTO Pascal Lamy appealed to a meeting of the International Monetary and Financial Committee in Washington on April 12 to push for a conclusion to the Doha round as a way of ensuring global economic stablity. “This year I am completely convinced that we have it within our means, politically and technically, to finish the Doha round this year,” said Lamy. “To do so, the first step we need is for WTO Member governments to agree at Ministerial level by the end of May on the framework for cutting agricultural tariffs, agricultural subsidies and industrial tariffs.” Lamy said that the WTO played a critical role in absorbing the fallout from the Asian financial crisis ten years ago and that the completion of the Doha round would renew confidence in rule-based trade systems as a source of economic stability.

The original WTO press release is available here.

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