The European Union (EU) reform treaty, known as the Treaty of Lisbon [EU materials; JURIST news archive] went into effect [press release] Tuesday after more than two years of negotiations. The Treaty, which was ratified by all 27 member-states of the EU, was crafted to make the EU more democratic, transparent, and efficient, to more effectively promote and protect the values of the Union through promulgation of the Charter of Fundamental Rights [text, PDF], and to increase the EU´s role as a global actor. Within the framework of the Treaty, Herman Van Rompuy [BBC profile] will officially take office as the EU´s first president in January. President of the European Commission Jose Manuel Barroso [official profile] said, "[t]he Treaty of Lisbon puts citizens at the centre of the European project. I´m delighted that we now have the right institutions to act and a period of stability, so that we can focus all our energy on delivering what matters to our citizens."
The US Court of Appeals for the Fifth Circuit [official website] has ruled [opinion, PDF] that several contractors responsible for dredging the Mississippi River, which some claim exacerbated damage from Hurricane Katrina [JURIST news archive], cannot be held liable since the contractors were acting under Congress´ express authorization. The plaintiffs´ suit claimed that dredging in the Mississippi River Gulf Outlet (MRGO) [USACE backgrounder] compromised the effectiveness of levees and increased Katrina´s storm surge. Relying primarily upon the US Supreme Court´s decision in Yearsley v. W.A. Ross Construction [opinion text], the court held last Wednesday that government-contractor immunity protected the contractors because the plaintiffs did not allege that the companies acted outside of the authority given them by the federal government or that the government granted that authority improperly. The appeals court also affirmed a lower court´s refusal to grant the plaintiffs´ request for discovery to see if the contractors acted outside of their contracts with the government. The plaintiffs will not be allowed to amend their complaint, as the court ruled any claim based on the facts would be futile.
The US Department of Justice (DOJ) [official website] announced Monday and Tuesday the transfer of four detainees from Guantanamo Bay [JURIST news archive] to three European countries, as the detainee population at the detention facility continues to be reduced. Two of the former detainees, Tunisian natives Adel Ben Mabrouk and Mohamed Riadh Ben Nasri, were transferred to Italy [press release] and will stand trial there. The other detainees include an unidentified Palestinian man transferred to Hungary [press release], the first to be accepted [MTI report] under the agreement forged between the US and Hungary [JURIST report] in September, and an Algerian, Saber Lahmar, who was transferred to France [press release]. It is unclear when the Italian trial will begin, though Italian authorities may be waiting for transfer of a third Tunisian man [Corriere della Sera report, in Italian].
The Australian government´s plans to cut carbon emissions were headed for defeat in a hostile Senate after the elevation of a new opposition leader opposed to carbon trade laws, setting a trigger for an early 2010 election.
Sheikh Mohammed bin Rashid al-Maktoum, the ruler of Dubai, today criticised international investors´ reaction to the Emirate´s debt crisis, claiming: "They do not understand anything."
A French court fined eBay Inc 1.7 million euros ($2.6 million) for violating a 2008 injunction that prevents French users of the online auction site from buying or selling LVMH perfumes and cosmetics on any eBay website.
Swiss voters on Sunday approved a proposal [press release] to ban the construction of minarets. The results of the nationwide referendum revealed that more than 57 percent of Swiss voters support the constitutional ban against the construction of the Islamic towers. In response to the vote, the Swiss Federal Council [official website] stated:
China is considering lifting a 20-year-old ban that keeps foreigners with HIV/AIDS from entering the country, according to a China Daily report [text] Monday. Vice-Minister of Health Huang Jiefu said that he hopes the ban will be lifted before the upcoming Shanghai Expo in May, which is expected to draw four million tourists. China´s Ministry of Health [official website, in Chinese] is working alongside other government agencies in order to revise the ban by May, but if they cannot meet the deadline it is likely that the government will grant special waivers permitting people with HIV/AIDS to enter specifically for the event, as they did during the 2008 Beijing Olympic Games. Currently the ban requires those entering the country for a short visit to declare at the border they are HIV-free, and those staying longer are required to undergo blood testing. The ban was enacted preceding understanding of how the virus was transmitted. China is one of 70 countries that still denies entry to those with HIV/AIDS.
Italian prosecutors on Wednesday asked a judge to issue prison sentences for three Google executives and one former executive accused of defamation and failure to comply with privacy laws in a case that could alter the way Google operates in Italy and the rest of Europe.
Market confidence that contagion from Dubai’s debt crisis will be contained waned today as the Emirate’s Government failed to issue a statement to calm investors.
Apple on Monday filed a patent infringement lawsuit against Media Solutions Holdings, a company based in Anaheim, Calif. that allegedly sells knock-off Apple products through several Web sites.
Conservative candidate Porfirio Lobo gave a jubilant speech of appreciation to supporters early Monday, as preliminary results showed him leading in the Honduran presidential election.
The Supreme Court of Canada [official website] on Friday upheld [judgment text] the right of Wal-Mart Inc. [corporate website, JURIST news archive], the world´s largest retailer, to close its operations in Jonquiere, Quebec, shortly after a union attempted to organize employees in 2005. In a 6-3 decision, the court held that there was no law or precedent that forced an employer to stay in business.
A Beijing court on Friday began hearing the first civil lawsuit by a family of an infant sickened during last year´s melamine-tainted milk scandal [JURIST news archive]. Ma Xuexin brought suit against the bankrupt dairy company Sanlu and a Beijing supermarket that sold the contaminated milk, seeking damages for his son´s medical expenses that are not covered [China Daily report] under the government´s victim fund [JURIST report]. The hearing, which ended without a verdict, is one of only six milk scandal civil suits [AP report] accepted by Chinese courts.
The first legally binding international treaty aimed at combating ships involved in illegal, unreported, and unregulated (IUU) fishing has been approved [press release] by the UN Food and Agricultural Organization (FAO) [official website] governing Conference. The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing [text, PDF] is a landmark treaty aimed at efficient prevention of IUU fishing, a widespread global problem that has been a serious detriment on the legitimate fishing industry. Eleven FAO members - Angola, Brazil, Chile, the European Commission, Indonesia, Iceland, Norway, Samoa, Sierra Leone, the US, and Uruguay – signed the treaty immediately following its approval Wednesday, and the treaty will take effect once it has been ratified by 25 countries.
The Honduran Supreme Court [official website, in Spanish] on Wednesday ruled that ousted former president Manuel Zelaya [JURIST news archive] cannot legally return to office. The court´s decision [Reuters report] is a significant blow to Zelaya´s prospects for regaining power. Under the so-called Tegucigalpa/San Jose accord [Honduras News materials], Zelaya would have been able to return to the office of president assuming Supreme Court approval and an affirmative vote by the Honduran legislature. The legislature´s vote, originally scheduled for November 29th [Reuters report], has been moved back to December 2nd. It is not clear what effect the Court´s non-binding opinion will have on that vote. Similarly, it is not clear how the decision will effect the results of the Honduran presidential election [Guardian report], scheduled for November 29th. Neither Zelaya nor current president Roberto Micheletti are on the ballot for that election.
Shares in London tumbled as the market opened this morning, after steep losses in Asia, as investor panic over banks´ exposure to Dubai´s growing financial problems gathered pace.
Lawyers face having to return more than £25 million paid to them by mistake because of mismanagement in the running of the legal aid scheme.
A U.S. debt that is topping $12 trillion is raising fresh questions about the cost of President Barack Obama´s proposed healthcare overhaul, but those concerns are unlikely to sink the legislation.
The Chinese government announced Thursday that it had set a target to slow the growth of its greenhouse gas emissions by 2020, a day after the Obama administration set a provisional target for reducing United States emissions.
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