April 20, 2016 nº 1,734 - Vol. 13
 

"Age is where the opportunity is."

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

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  • Top News

Brazil impeachment debate hinges on a thorny legal question

As she fights for her political life, President Dilma Rousseff has been tirelessly describing the drive to remove her from office as nothing less than a coup. In a country with bitter memories of military dictatorship — the most recent one having given way to civilian rule in 1985 — the word is especially fraught, and it has become a rallying cry that has energized supporters who are battling to stave off an impeachment trial in the Senate that could begin as early as next month. “I am the victim of a process that is rooted in injustice, and legal and political fraud,” she said during a news conference on Tuesday, two days after the lower house of Congress voted by a wide margin to approve an impeachment measure. The debate about removing her from office, which is convulsing a polarized nation, centers on a crucial question: Did she commit an impeachable offense? There is broad agreement that Rousseff’s administration employed budgetary tricks to conceal a looming deficit and enhance her prospects during a bitterly fought re-election campaign in 2014. Experts say Rousseff’s administration effectively borrowed some $11 billion from state banks, an amount equal to almost 1 percent of the economy, to fund popular social programs that have been a hallmark of the Workers Party’s 13 years in power. These programs included payments to Brazil’s poorest residents, credits to small farmers and the financing of homeownership for low-income families. But legal experts and constitutional scholars are divided over whether that action rises to the level of an offense that merits removal from office.

UN rights expert: investor-state dispute settlement 'incompatible with democracy'

UN expert Alfred de Zayas on Tuesday warned against investor-state dispute settlement (ISDS) mechanisms in trade agreements, saying that they "are incompatible with democracy, the rule of law and human rights." ISDS mechanisms, which according to Zayas, provide for "privatized or semi-privatized dispute settlement" he warns, work against the public interest and allows calculated risks for profit in accordance with a "ideologically-driven corporate narrative." He believes that the "Investment Court" proposed in the Trans-Pacific Partnership (TPP), which was signed in New Zealand in February, is simply a "zombie of ISDS" with many "fundamental flaws." He concluded his remarks urging the abolishment of ISDS and similar mechanisms. Currently 28 nations are negotiating the TPP.

The Wall Street primary

For the financial world, this campaign is ‘as mixed and confused’ as it’s ever been.

When lies are allowed in a business deal

Appeals courts have ruled that it is not unusual for parties to conceal their true goals. In other words, no one tells the truth when negotiating a deal.

  • Crumbs

1 - High Court Won’t Hear Copyright Challenge to Google Books - click here.

2 - Germany allows criminal inquiry into joke about Turkey president - click here.

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  • MiMIC Journal

Chinese-led deal to buy Australia's biggest farming estate

A joint Chinese-Australian group has reached an agreement to buy Kidman & Co, Australia's biggest farming estate. The deal, which values the firm at A$370.7m (£201m; $289m), still needs approval from Australian and Chinese regulatory bodies. A takeover had previously been blocked by Australia's Foreign Investment Review Board (FIRB).

International call to curb steel overproduction

A group of international steel producing countries has called for urgent action to curb overproduction. The call comes days after international talks to find measures to tackle the industry crisis failed. The joint statement comes from the US, Canada, the EU, Japan, Mexico, South Korea, Switzerland and Turkey. Record production in China has in the past months led to criticism that it was distorting international markets by selling steel at a loss.

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  • Historia Verdadera

Medio ambiente

Autoridades de Colombia anularon una licencia ambiental a la estadounidense Hupecol Operating Co., la empresa se dedica a lça exploración petrolera en un área selvática y de las llanuras del sureste del país. (Presione aquí)

Minera

Autoridades del gobierno de Guatemala impidieron a la empresa minera Falconbridge, regenteada por la Americano Nickel Limited, sacar irregularmente ferroníquel por el puerto de Haina. Tras el operativo de incautación el ministro de Energía y Minas, Antonio Isa Conde, explicó que la medida fue ejecutada porque la nueva propietaria de Falconbridge aún no ha completado los trámites legales para obtener su título habilitante para operar en el país

Telecomunicaciones

Las operadoras de telecomunicaciones presentes en Perú, Telefónica, Claro, Entel y Bitel, invertirán US$ 2,660 mlls en el 2016 para la expansión de sus servicios. La española Telefónica destinará US$ 1,300 mlls., mientras que Claro invertirá US$ 700 mlls para ampliar su cobertura y el servicio de sus redes (2G, 3G Y 4G). En cambio, la chilena Entel US$500 mlls para la instalación de más de 900 antenas a nivel nacional, lo que representa alrededor del 70% de la inversión anunciada.

Inversiones

El grupo francés Saint Gobain confirmó al presidente Mauricio Macri que en agosto abrirá una fábrica de parabrisas con tecnología de última generación en la ciudad bonaerense de Campana. La compañía, que opera en 57 países y que en Argentina tiene nueve plantas en distintas provincias, como Córdoba, Santa Fe, Tucumán, Entre Ríos y el gran Buenos Aires.

  • Brief News

EU cites Panama Papers as underscoring urgency in tax reform

The European Union is planning to step up its fight against tax evasion and money laundering as highlighted by the leaked Panamanian documents that exposed billions of dollars in assets hidden in shell companies around the world. European Commission Vice President Valdis Dombrovskis sent a note to Jeroen Dijsselbloem, finance minister for the Netherlands, which holds the bloc’s rotating presidency, outlining the commission’s proposals to combat the avoidance of duties as well as further steps that need to be taken.

Panama vows to end use of bearer shares to improve transparency

Panamanian President Juan Carlos Varela vowed to end the use of bearer shares in his country after the publication of documents from a local law firm revealed billions of dollars in assets concealed in tax havens around the world. “The future is that you have to know who is the owner of a company,” Varela said. “If we want to be able to protect the financial system and the legal system of our country, we have to fight for more transparency and not just in Panama, in other countries as well.”

Apple complies with greater proportion of US data demands

Apple is consistently more compliant with US requests for access to users' information than with the rest of the world on average, it has emerged. Its own figures showed that, in 2015, Apple released data on users' devices to US authorities 80% of the time, compared to 55% when it came to the UK. That compared to a global average of nearly 60%, Apple's data showed. A security expert said it was "deeply frustrating" for law enforcement agencies. Apple released its latest transparency report on Monday to complement previous releases going back as far as 2013.

A new class action suit wants to treat marketplace lenders like mobsters

How things have changed. Some two years ago, LendingClub Corp. was preparing to embark on an initial public offering that would value the biggest marketplace lender in the US at more than $8 billion. The company's market value has since fallen to less than $3 billion and the marketplace lending industry has been beset by difficulties, including a lawsuit that might prevent lenders from bypassing state interest rate caps by originating loans through intermediaries in states without such restrictions. A proposed class action lawsuit against LendingClub filed in New York earlier this month by a borrower on the platform, alleging violations of the state's consumer usury laws, could add to the company's legal woes on this front.

UN: Japan must protect media independence and access to information

A UN rights expert on Tuesday released a expressed concern over the state of media independence and the public right of access to information in Japan, citing laws and personal stories that are making these more difficult than recommended. David Kaye, the Special Rapporteur on the right to freedom of opinion and expression, spent a week in Japan conducting interviews with various government officials as well as members of the media, non-governmental agencies and lawyers in attempt to examine aspects of the freedom of expression under international human rights law. Kaye noted the "well-earned pride" that Japan holds for its constitution and democratic system, yet he found many threats to mainstream media where most get their information. These threats are reportedly leading to developments that hinder the freedom of the press and expression as promised by Japan's constitution and the International Covenant on Civil and Political Rights, which Japan ratified in 1979.

India still wants return of priceless diamond Koh-i-noor

The Indian government says it is still seeking to reclaim the priceless Koh-i-noor diamond from Britain, despite the Supreme Court being told otherwise. The gem came into British hands in the 19th Century and is part of the Crown Jewels on show at the Tower of London. Ownership of the famous gem is an emotional issue for many Indians, who believe it was stolen by the British. On Monday, India's solicitor-general had told the court it was "neither stolen nor forcibly taken".

UN drugs summit opens with worldwide divisions laid bare

A UN meeting on worldwide drugs policy has opened in New York in what has been billed as the most significant such conference in years. The summit will try to rethink global strategy but divisions among members have immediately been laid bare. While some countries favor decriminalization, others still punish drug taking with the death penalty. Leading figures sent an open letter to UN chief Ban Ki-moon before the meeting calling for a more liberal approach. Among the signatories were several former presidents, US politicians and businesspeople, who argued that prohibition has done more harm than good.

Utah declares porn a public health hazard

The US state of Utah has become the first to declare pornography a public health risk in a move its governor says is to "protect our families and our young people". The bill does not ban pornography in the mainly Mormon state. However, it calls for greater "efforts to prevent pornography exposure and addiction". One group representing the adult entertainment industry attacked what it called "an old-fashioned morals bill". Pornography, the bill says, "perpetuates a sexually toxic environment" and "is contributing to the hypersexualisation of teens, and even prepubescent children, in our society".

Intel to cut 12,000 jobs from global operations

US tech giant Intel is shedding 12,000 jobs as it seeks to cut reliance on the declining personal computer market. The maker of computer chips will take a $1.2bn charge to cover restructuring costs. The job cuts, about 11% of Intel's workforce, will be made over the next 12 months, Intel said in a statement. Intel said it wants to "accelerate evolution from a PC company to one that powers the cloud and billions of smart, connected computing devices".

German far-right Pegida founder Bachmann in race trial

The founder of Germany's anti-Islamist Pegida movement has gone on trial in Dresden on hate speech charges. Lutz Bachmann, 43, is accused of inciting racial hatred in Facebook posts, in which he called refugees "cattle", "scumbags" and "filth". Pegida's rallies have attracted thousands of supporters in Germany. Separately, police arrested five suspects near Dresden accused of attacking migrant hostels and plotting far-right, anti-immigrant terror.

US judge rules against Virginia transgender toilet ban

A US appeals courts has ruled that a Virginia school policy that barred a transgender student from using the boys' toilet is discriminatory. Gavin Grimm filed the lawsuit after the school board adopted a policy that required students to use a private toilet or one that corresponds to the sex listed on their birth certificate. Grimm, who identifies as male, said the policy was stigmatizing. How transgender people use public toilets is a divisive issue in the US. A number of places in the US - most recently North Carolina - have passed laws requiring transgender people to use a public toilet that corresponds to the sex listed on their birth certificate.

DOJ asks VW to keep probe results secret

The Justice Department asked Volkswagen to refrain from publicly releasing the results of an independent investigation into the company’s misrepresentation of pollution by its diesel cars.

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