March 5, 2012 nº 1,150 - Vol. 10


"Scratch a pessimist and you find often a defender of privilege."

William Beveridge

Insider's view: see how local concerns shape up the global world. Read the daily press review in Migalhas International.

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  • Top News

US government to continue BP Deepwater Horizon case

The US government says it will continue its case against BP over the Deepwater Horizon oil rig spill despite a deal the company reached on Friday with the largest group of private claimants. The $7.8bn deal does not address "significant damages" to the environment after the Gulf of Mexico spill. The company has not admitted liability and still faces other legal claims. "While we are pleased that BP may be stepping up to address harms to individual plaintiffs, this by no means fully addresses its responsibility for the harms it has caused," the Department of Justice said. The deal agreed on Friday will benefit some 100,000 fishermen, local residents and clean-up workers whose livelihoods or health suffered. BP says it expects the money to come from a compensation fund it had previously set aside. The current trial, now being adjourned in order to allow the parties to reassess their respective positions, will probably still go ahead in order to apportion blame for the spill among BP and its fellow defendants.

Would-be US TV disrupter reveals flaws in law

Attempts by a would-be disrupter of US television reveal flaws in the law governing copyrights. Broadcasters have sued online TV startup Aereo, alleging its plan to stream programs violates their rights. The company says it merely mimics what viewers have done for decades. Either way, the legal contortions show how old rules often fail new technology. Copyright law gives authors, musicians and other creative types the exclusive right to reproduce or perform their work publicly. But that simple concept has proven hard to enforce as newfangled means of distribution have advanced, and quickly, over the decades. The rise of player pianos, videocassette recorders and the like has required ever more elasticity in the definitions. TV broadcasts present the latest challenge. Cable and satellite companies are technically reproducing and performing shows publicly, so must pay to retransmit them to customers. But individuals are allowed to pull signals from the air for free, as they have done for years with set-top and roof-top antennas. That's the loophole Aereo is trying to squeeze through. And Barry Diller, one of the fledgling firm's backers, knows a thing or two about such fights, having run Paramount and Fox before his Internet conglomerate IAC/Interactive. Aereo's innovation is a single dime-sized antenna for each subscriber. This should provide better reception in crowded cities and enables shows to be watched on computers and mobile devices. And a federal appeals court ruled in 2008 that a similar service using digital video recorders did not violate copyright law.

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  • MiMIC Journal

China begins parliament session

China's premier opens the last parliament session before a leadership change with a wide-ranging speech on the economy, land rights and the military.

China military budget tops $100bn

China's official defense spending will rise by 11.2% in 2012, pushing it above $100bn for the first time. Beijing's defense budget has risen each year for two decades to become the world's second-biggest, behind the US. It is developing an aircraft carrier, a stealth fighter jet, and missiles that can shoot down satellites.

China cuts growth target to 8-year low, to boost consumption

Chinese Premier Wen Jiabao cut his nation's 2012 growth target to an eight-year low of 7.5 percent and made boosting consumer demand the year's first priority as Beijing looks to wean the economy off its reliance on external demand and foreign capital.

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  • Brief News

Obama warns of force against Iran, but urges diplomacy

Obama says the US "will not hesitate" to use force to stop Iran obtaining nuclear weapons, but says diplomacy could still succeed. Addressing an influential pro-Israel lobby group, Obama also warned against "loose talk" of war in the dispute with Tehran. Earlier, Israeli President Shimon Peres said Iran was "a danger to the world".

Putin celebrates election victory

Prime Minister Vladimir Putin on Sunday claimed victory in Russia's presidential election before tens of thousands of cheering supporters, even as the opposition and independent observers insisted the vote had been marred by widespread violations. With more than 99% of the ballots counted, he secured nearly 64% of the vote, election officials say. But Golos, a leading independent election watchdog, said the polls could not be considered fair and open. It said there were instances of forced voting, numerous reports of "carousel" voting - in which voters cast multiple ballots - and that campaigning had been insufficiently competitive.

Iceland ex-premier set for trial

Iceland's former Prime Minister Geir Haarde is to go on trial for "negligence" in his handling of the 2008 financial crisis. The country's three main banks collapsed during economic turmoil. The failure of Icesave, which hit thousands of savers in the UK and Netherlands, led to a dispute over compensation, which remains unresolved. Haarde rejects the charges as "political persecution", saying he would be vindicated during the trial.

Egypt parliament debates make-up of assembly to write new constitution

The Egyptian parliament began discussions Saturday regarding the make-up of the constitutional assembly that will be responsible for writing Egypt's new constitution. The newly elected parliament will choose the members of the 100-member council that will ultimately determine the structure of the government and the rights conferred by the constitution. This has caused an intense debate between the parties of parliament who have differing opinions on who should be included in the assembly. The ruling Freedom and Justice Party argues there should be 40 members of parliament and 60 legal experts on the panel. Other parties argue there should be greater representation of minority groups.

Ecuador plaintiffs eye Chevron assets in Venezuela, Panama

The plaintiffs' lead lawyer said that they would first need the countries to recognize the validity of the $18 bln award before trying to enforce the ruling there."

EU sign fiscal treaty

All but two of the EU's 27 leaders have signed a new treaty to enforce budget discipline within the bloc. The "fiscal compact" aims to prevent the 17 eurozone states running up huge debts like those which sparked the Greek, Irish and Portuguese bailouts. To take effect, the pact must be ratified by 12 eurozone states. UK Prime Minister David Cameron, who with the Czechs refused to sign, said the summit had accepted his ideas for cutting red tape and boosting growth. Critics argue that the fiscal treaty is mainly a political gesture aimed at reassuring taxpayers in Germany, the eurozone's dominant economy, where there is reluctance to pay for further eurozone bailouts.

Bankruptcy's odd twist with union contracts

The pilots union has sued AMR, the parent company of American Airlines. And the complaint, at the end of this post, illustrates nicely one oddity in the bankruptcy code with regard to collective bargaining agreements — a point that is relevant in the many other cases pending currently that involve questions of unionized employees. In bankruptcy, a debtor has the choice to assume (perform) or reject (breach) any of its contracts. The benefit of rejecting a contract is that that the code backdates the breach to right before the bankruptcy filing. This means that the counterparty's claim for damages gets paid along with other unsecured claims — at cents on the dollar. In Chapter 11 – and only in Chapter 11 – this rule gets changed a bit for collective bargaining agreements. After a Supreme Court opinion in the 1980s that held that collective bargaining agreements were contracts like any other for bankruptcy purposes, Congress enacted section 1113. In short, the section provides that rejection can only happen after the debtor has tried to negotiate with the union. But section 1113 provides that the court can also order an intermediate step: Namely, "if essential to the continuation of the debtor's business" the court can permit the debtor to make changes to the collective bargaining agreement, while still keeping the agreement in force.

Lockerbie: fresh moves to clear Megrahi

The Libyan jailed for life following the 1988 Lockerbie bombing told investigators he travelled to Malta regularly to have sex. In detailed statement, known as a precognition, given to defense lawyers before his trial in Megrahi talked about how easy it was for him to travel between Libya and Malta. Prosecutors said the bomb, which destroyed Pan-Am Flight 103 was in a suitcase loaded on the island. Evidence not shown to defense team includes details of break-in that could have allowed access to Pan Am luggage. Defense lawyers realized if the original trial had known how easily Megrahi could travel undetected to Malta it could have strengthened the prosecution case. He has always maintained his innocence, and an investigation by the SCCRC - Scottish Criminal Cases Review Commission found he may have suffered from a miscarriage of justice. Megrahi was returned to Libya on compassionate grounds in August, 2009 after serving 10 years of a life sentence; he has inoperable prostate cancer.

Three mull first US lawsuits against Murdoch-source

Three people who believe they were targeted by a private investigator working for Rupert Murdoch's News of the World while they were in the United States are considering suing his company in US courts, a source close to the case said. The lawsuits would be the first litigation filed against Murdoch's News Corp empire in the United States and could mark a significant escalation in a scandal that has already shaken Britain's media and political establishment. Murdoch's British publishing arm News International has already handed out millions of dollars in settlements to celebrities and others who had their voice mails hacked by its journalists.

Australian state toughens law for Muslim veils

Muslim women in Australia's most populous state will have to remove veils to have their signatures officially witnessed under the latest laws giving New South Wales officials authority to look under religious face coverings. The laws are a response to a court case last year in which a Sydney woman was convicted of falsely claiming that a traffic policeman had attempted to remove her niqab — a veil that reveals only the eyes. A judge overturned the conviction because the official who witnessed the false claim did not look under the veil of the person who made it, so the judge was not certain that the defendant was responsible.

MEPs call for tougher rules on CRAs

The Economic and Monetary Affairs Committee has said that a draft regulation on CRAs - Credit Ratings Agencies should go further - including a ban on 'unsolicited' ratings of a country's sovereign debt.

UN commission reports war crimes by both sides of Libya conflict

The UN International Commission of Inquiry on Libya submitted its findings on Friday, reporting that war crimes and crimes against humanity were committed by both sides of the recent Libyan conflict. Established in February 2011 by an emergency session of the UN Human Rights Council, the Commission was mandated to investigate all alleged violations of international human rights law in Libya, and to establish the facts and circumstances of such violations and of the crimes perpetrated. With respect to the national Libyan forces of former leader Muammar Gaddafi, the Commission "concluded that international crimes, specifically crimes against humanity and war crimes, were committed ... Acts of murder, enforced disappearance, and torture were perpetrated within the context of a widespread or systematic attack against a civilian population."

  • Weekly Magazine Review

Time
10 Ideas That Are Changing Your Life

Newsweek
150 fearless women. Female tycoons in China.

The Economist
The beginning of the end of Putin

Der Spiegel
Krieg um die Bombe?

L'Espresso
Ci rubano la salute È l'ospedale più grande del Nord. Ha servizi di eccellenza. Ma i reparti sono assediati da sporcizia e degrado. E i fondi servono a finanziare progetti faraonici. Viaggio nel lato oscuro del Niguarda.

  • Daily Press Review

Putin returns to Russian presidency
Al Jazeera, Doha, Qatar

Saudi tries men accused of US Consulate attack
Asharq Al-Awsat, Pan-Arab daily, London, England

Ahmadinejad rivals leading in vote
Egyptian Gazette, English-language, Cairo, Egypt

Romney: Iran will obtain a nuclear weapon if Obama is re-elected
Haaretz, Liberal daily, Tel Aviv, Israel

Heavy clashes erupt in Syria near Jordan border
JPost, Conservative, Jerusalem, Israel

Putin celebrates election victory
BBC News, Centrist newscaster, London, England

Putin claims victory in Russian presidential race
CNN International, London, England

1 dead, 7 hurt in Thai market blast
Daily Express, Conservative tabloid, London, England

Indiana tornado 2012: Angel Babcock, 2, on life support after losing entire family to twister
Daily Mail, Conservative daily, London, England

Mel B's sister Danielle Brown uses Twitter to voice concerns over Spice Girl's 'mental state'
Daily Mail, Conservative daily, London, England

China increases law and order spending
EuroNews, International news, Ecully Cedex, France

RUSSIA: Putin proclaims victory in Russia's presidential vote
France 24, Issy-les-Moulineaux, France

Has the Syrian civil war started already?
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Britain 'keen' to see Russian election reports
Independent The, London, England

European cattle ban being considered
Moscow News The, Independent, Moscow, Russia

PC David Rathband: timeline on his fight for life since Raoul Moat shooting
Telegraph The, Conservative daily, London, England

Eddie Izzard to recreate Italian job ending on art gallery roof
Telegraph The, Celebrity news, London, England

PM: Chatuchak rent suitable
Bangkok Post, Independent, Bangkok, Thailand

Russia's Putin faces protests after poll triumph
China Post, English-language daily, Taipei, Taiwan

Japanese Visitors Turn to Korean Handmade Goods
Chosun Ilbo, Conservative daily, Seoul, South Korea

Pakistan test fires missile
Hindustan Times, New Delhi, India

Two teenagers raped in Bhopal
India Times, Conservative daily, New Delhi, India

Manning throws during workout
Japan Times, Independent centrist, Tokyo, Japan

Gunmen kill at least 21 policemen in Iraq
New Zealand Herald, Conservative daily, Auckland, New Zealand

Activists mark 1st anniversary of Fukushima nuclear disaster in Indonesia
People's Daily Online, English-language, Beijing, China

After Homs, Syria seen facing Bosnia-style war
Straits Times, Pro-government, Singapore

Live: Rabbitohs v Roosters
Sydney Morning Herald, Centrist daily, Sydney, Australia

Australia: over 4,000 ordered to leave homes as floodwater up with more rain forecast later
Taiwan News, English-language daily, Taipei, Taiwan

Sri Lanka C. bank: Will act to curb rupee volatility
The Economic Times, Business, Mumbai, India

Mass protest planned against Putin's election
Canadian Broadcasting Centre, Toronto, Ontario

Baby dropped in field by tornado dies; death toll at 39
Globe and Mail The, Centrist daily, Toronto, Canada

BSE Sensex Falls by 1 Percent, Banks Lead Losses
International Business Times, Business news organization, New York, U.S

Argentine Women Refused Legal Abortions in Cases of Rape
IPS Latin America, International cooperative of journalists, Rome, Italy

AIG selling $6 billion of AIA shares, to repay bail-out
Reuters, Business News, New York, U.S

Aid reaches Homs refugees, Syrians flee to border
Reuters, World News, New York, U.S

Hotel workers struggle to unionize for better pay and benefits
Toronto Star, Toronto, Ontario

'Bad wiring' caused Congo blasts
BBC News, Centrist newscaster, London, England

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