ECtHR on Freedom of Expression

On December 13, the ECtHR began hearings on the admissibility and merits of the cases Lindon & Otchakovsky-Laurens v. France and July v. France. The defendants in the first case published a novel describing racist behavior committed by a French far right-wing party and of its leader. They were subsequently convicted of defamation in French courts. Mr. July, the publication director of a French newspaper, published an petition supporting Lindon and Otchakovksy-Laurens in which he reproduced passages of the novel; he, also,  was convicted of defamation. The three applicants claim that their freedom of expression under Article 10 was violated. For more information see here.

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U.S. District Court Rules on Military Commissions Act

U.S. District Judge James Robertson has dismissed the petition of Salim Ahmed Hamdan for a writ of habeas corpus. Judge Robertson’s December 13 decision in Hamdan v. Rumsfeld found that the Military Commissions Act of 2006 had effectively stripped the court of jurisdiction over habeas petitions. The full decision is here.

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D.C. Circuit Dismisses Challenge to NAFTA

On December 12, the United States Court of Appeals for the District of Columbia Circuit dismissed a constitutional challenge to the United States-Canada Free Trade Implementation Act of 1988 and the North American Free Trade Agreement Implementation Act of 1993. The petitioners in Coalition for Fair Lumber Imports v. United States had argued that the agreements’ binational panel review provisions violated the Due Process Clause, the Appointments Clause, Article III, and other provisions of the U.S. Constitution. The D.C. Circuit found that it lacked jurisdiction over the claim. The full opinion is available here.

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WTO Trade Policy Review Positive on Hong Kong

The WTO Hong Kong Trade Policy Review issued on December 13 found substantial improvement in  Hong Kong’s economic outlook, which it attributed largely to Hong Kong’s progress toward trade liberalization. The Review specifically noted the role of expanded IP protections, nascent comprehensive competition rules, and the Closer Economic Partnership Arrangement with China in the region’s economic upturn, while also warning that a return to protectionist measures toward China could exacerbate the adverse effects of a possible rise in US interest rates. For the reports of both the WTO and the Hong Kong regional administration, see here: http://www.wto.org/english/tratop_e/tpr_e/tp274_e.htm.

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ICC Prosecutor to Brief UN Security Council On Darfur Action

On Thursday afternoon, December 14, ICC Prosecutor Luis Moreno-Ocampo will brief the United Nations Security Council on his intention to initiate the ICC’s first case against “individuals allegedly responsible for war crimes and crimes against humanity in Darfur.”  At the briefing, the Prosecutor will present the findings of his “nearly completed investigation” of the situation in Darfur, and will set out the next steps he intends to take.

See http://www.icc-cpi.int/press/pressreleases/215.html 

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European Court Annuls an Anti-Terrorist Measure Implementing a SC Resolution

In Organisation des Modjahedines du peuple d’Iran v Council, the European Court of First Instance annulled a EU common security and foreign policy freezing assets in the UK of an Iranian organization established in France. The decision was adopted as a measure to combat terrorism pursuant to UN Security Council Resolution 1373. According to the Court the EU did not adequately state reasons for the adoption of the decision, and violated the applicant’s right to fair hearing. The EU is considering appealing before the European Court of Justice. For more information see here.

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Bolivia and Ecuador Express Interest in Joining Mercosur

Evo Morales, president of Bolivia, expressed a desire to see his country become a full member of Mercosur within the next year. Bolivia is currently an associate member, along with Ecuador, whose president-elect Rafael Correa has recently stated intentions to strengthen relations between Mercosur and the Andean Community of Nations.

http://www.falkland-malvinas.com/Detalle.asp?NUM=9415

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Anti-Personnel Mines Case Decided by ECtHR

In its 12 December decision in the case PaÅŸa and Erkan Erol v. Turkey, the ECtHR unanimously held the Turkey responsible for violating the applicants’ right to life under Article 2. The Turkish government had laid anti-personnel mines in proximity of the applicants’ village, in a place previously used for grazing. When nine-year old Erkan and other children entered to gather their sheep, all were wounded by the explosion of one of the mines. The court explicitly noted that Turkey had failed to take the necessary measures to prevent innocent civilians from entering the area.

More information here.

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ECtHR Upholds British Inheritance Tax

In a 4-3 decision, the ECtHR has upheld the legality of the tax preferences given to married and civil partnership couples by the United Kingdom. The applicants in Burden and Burden v. the United Kingdom were two sisters who have lived together all their lives. Each has executed a will leaving property to the other sister. In order to inherit, however, the survivor will have to pay an inheritance tax. The applicants noted that property passing to a spouse or civil partner is exempt from this charge, and argued that this differential treatment is discriminatory under Article 14 of the European Convention on Human Rights. The Court denied the petition, finding Britain’s policies justifiable. For more information see here.

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INSEAD President Calls for Implementation of Global Energy Policy

Oliver Giscard d’Estaing suggests that a global energy policy is needed to balance out the disparity of need between rich and poor countries. His proposal envisions a two-tier price system for oil, mandating lower prices for poor countries that are net importers. This system would be based on country-specific quotas informed by comprehensive analysis of the oil market at national, regional, and international levels.

http://www.unctad.org/Templates/Page.asp?intItemID=4018&lang=1

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