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Harvard International Law Journal Digest

The ILJ Digest, updated periodically throughout the day, provides current information on legal topics from around the world.

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Last Entry: March 27, 2010 at 12:25:11

IAEA Relies on Member States

Posted on April 23, 2008
The International Atomic Energy Agency (IAEA) held its largest meeting ever during 8-11th April. Attended by member states and 2 new participants, China and Spain, the focus of the meeting was research and development needs in safeguards and verification...

WTO Says Conclusion of Doha Would Boost Global Economy

Posted on April 22, 2008
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 [...

Deutsche Telekom Fined

Posted on April 21, 2008
European Court of Justice - Court of First Instance upholds fine imposed on Deutsche Telekom for abuse of dominant position. In 2003 the Commission of the European Communities ? the executive branch of the European Union ? found that Deutsche Telekom “had been abusing its dominant position on the markets for direct access to its fixed [...

EU Commissioner Highlights Nuclear Power

Posted on April 21, 2008
In a speech at the European Nuclear Assembly Conference, Energy Commissioner Andris Piebalgs reiterated the importance of nuclear energy for the reduction of carbon emissions, while emphasizing the “need to strengthen the cooperation between EU Member states on the issues related to the safety and security of nuclear installations and the treatment of nuclear waste...

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OECD Still Open to Sovereign Wealth Fund Investments

Posted on April 15, 2008
The Organization for Economic Co-Operation and Development (OECD) responded to the controversy surrounding investments by government-owned Sovereign Wealth Funds (SWFs) by releasing a report stating its commitment to remain open to such investments as long as they are commercially rather than politically motivated...

ECJ AG Proposes Extending Double Jeopardy

Posted on April 15, 2008
In a non-binding opinion released last week, Advocate General Ruiz-Jarabo proposed extending the principle of double jeopardy to include cases in which the initial penalty could never be enforced. The case discussed is a reference from a lower-level German court hearing the case of Klaus Bourquain...

APEC Adopts Declaration on Responsible Tourism

Posted on April 15, 2008
Tourism ministers from 18 APEC member states met on 9-10th April 2008 in order to further a ?commitment towards responsible tourism in the Asia Pacific region? and adopted the Pachacamac Declaration. The Declaration acknowledged tourism as an important service sector, providing income and employment to numerous people in the member states...

Cambodia Ratifies ASEAN Charter

Posted on April 13, 2008
Cambodia recently became the sixth nation to ratify the ASEAN Charter. The Association of Southeast Asian Nations, or ASEAN, is an organization comprised of ten Southeast Asian nations whose aim is promote regional cooperation on economic, social and security issues...

Former Prime Minister of Kosovo Acquitted

Posted on April 11, 2008
Last week, the International Criminal Tribunal for the former Yugoslavia (ICTY) acquitted former Kosovo prime minister Ramush Haradinaj of war crimes and crimes against humanity. Haradinaj was also a commander in the Kosovo Liberation Army (KLA) during the late 1990s...

Ukrainian Violation of ECHR Article 11

Posted on April 10, 2008
The European Court of Human Rights recently held in Koretskyy & Ors. v. Ukraine that there was a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights, where the Ukrainian authorities refused to register the applicants? association called the ?Civic Committee for the Preservation of Wild (Indigenous) Natural [...

Slovakia Agrees to Enforce Sentences

Posted on April 09, 2008
Slovakia has entered into an enforcement of sentences agreement with the International Criminal Tribunal for the former Yugoslavia (ICTY), allowing for persons convicted before the Tribunal to serve their sentences in Slovak prisons.� The agreement is the second signed by the ICTY this year, and was signed by Mr...

Ecuador Files Application Against Colombia at the ICJ

Posted on April 08, 2008
On March 31, Ecuador filed an application against Colombia in the UN?s International Court of Justice in The Hague regarding the aerial spraying of toxic herbicides by Colombia along the border the two countries share. Ecuador asserts that the spraying by Colombia has ?caused serious damage to people, to crops, to animals, and to the natural [...

Flemish Insurance Violates EC Treaty

Posted on April 08, 2008
On April 1st the European Court of Justice invalidated provisions of a state-supported Flemish health care insurance program that entitles residents of the Dutch-speaking region and the bilingual capital district to reimbursement for health care assistance expenses...

Fiscal Drag Creates Uneven Tax Burden

Posted on March 21, 2008
A new OECD study investigated the interaction between income, inflation and tax obligations in OECD countries.� Notably, workers in several countries saw their nominal tax burden rise in response to high earnings growth. This phenomenon, known as fiscal drag, occurs in countries where tax rates increase as nominal taxable income rises...

Madagascar Ratifies Rome Statute

Posted on March 21, 2008
On March 14, Madagascar?s Malagasy Government ratified the Rome Statute of the International Criminal Court, bringing the total number of States Parties to the Court to 106. The statute will enter into force in the island nation on June 1, 2008. The Rome Statute was adopted in July of 1998...

Limited Liability for Pollution

Posted on March 20, 2008
In Commune de Mesquer v Total France SA and Total International Ltd, the European Court of Justice opined in favor of limiting liability under the polluter pays principle where the waste is not caused intentionally or recklessly. The plaintiff brought the suit for the costs of cleaning oil waste from beaches that resulted from the [...

?Lord of War? arrested in Thailand

Posted on March 19, 2008
On March 6, infamous weapons dealer Viktor Bout was arrested in Bangkok. Bout?s role in supplying weapons to some of the world?s deadliest conflicts had earned him the nickname ?Merchant of Death,? and he is believed to have inspired Nicholas Cage?s character in the film ?Lord of War...

EU Allocates Funds to Fight World Hunger

Posted on March 18, 2008
On March 4, the European Commission announced that it would devote ?160 million to provide food aid to nations suffering from destabilizing crises around the world. Between the 17 initially-targeted nations - largely in sub-Saharan Africa and the Middle East - it is estimated that 18...

Ugandan Tribunals To Try Rebels

Posted on March 18, 2008
Ugandan President Yoweri Museveni declared that rebel leaders of the Lord’s Resistance Army will be tried by local Ugandan tribunals rather than handed over to the International Criminal Court.� The local court system emphasizes compensation and apologies, rather than punishment...

Rwanda Agrees to Enforce Sentences

Posted on March 14, 2008
Last week, Rwanda agreed to enforce a jail sentence imposed by the United Nations war crimes tribunal set up to address the atrocities of the country’s 1994 genocide. Under the agreement, which has also been signed by six other countries, anyone convicted and given a prison term by the International Criminal Tribunal for Rwanda [...

ICC Members Push for Multilateral IP Agreement

Posted on March 08, 2008
Members of the International Chamber of Commerce’s Business Action to Stop Counterfeiting and Piracy (BASCAP) Committee have asked US Trade Representative Susan Schwab to speed the development of the Anti-Counterfeiting Trade Agreement (ACTA). CEOs of member companies gathered on March 3 to unveil recommendations for the ACTA and a set of in-country strategies aimed at [...

ECHR Finds Violations

Posted on March 07, 2008
The European Court of Human Rights recently decided Stoica v. Romania in favor of a minority applicant, finding violations of Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy) of the European Convention on Human Rights...

Uneven Reforms

Posted on March 06, 2008
The OECD report, “Going for Growth 2008″, is an annual study that measures the extent to which the world’s developed countries follow the OECD’s recommended strategies for promoting growth. � The study confirms the generally held notion that Americans work longer hours than Europeans...

Prison Guards Found Guilty by Bosnian Court

Posted on March 06, 2008
The Court of Bosnia and Herzegovina has found two Bosnian Serbs guilty of crimes against humanity for mistreatment of non-Serb detainees at a detention center in the Bosnian town of Fo?a.� Mitar Ra?evi? and Savo Todovi?, prison guards at the Fo?a correctional facility during the Balkan wars in the mid-1990s, were sentenced prison terms of [...

Trademark Filings Reach Record High in 2007

Posted on March 05, 2008
This past year, the World Intellectual Property Organization (WIPO) received 39,945 international trademark applications under the Madrid System for the international registration of trademarks. That number, which is an all-time high for applications under the Madrid System, is a 9...

Iran Safeguards Report Circulated to IAEA Board

Posted on March 02, 2008
On March 2, 2007, the International Atomic Energy Agency (?IAEA?) provided a report about Iran?s nuclear safeguards to its Board of Governors, its 35-member policymaking arm.� The report, which details Iranian nuclear developments that have occurred since November 15, 2007, is entitled: Implementation of the NPT Safeguards Agreement and Relevant Provisions of Security Council Resolutions [...

WTO Director General Lamy Announces Aid-for-Trade Roadmap

Posted on February 29, 2008
The Director General of the WTO outlined the new roadmap for the Aid-for-Trade program at a meeting of the Committee on Trade and Development on February 25.� The roadmap emphasizes three points: monitoring, implementation, and greater involvement of developing nations...

Uphold Human Rights in Anti-Terrorism Operations

Posted on February 29, 2008
The European Court of Human Rights, in Mansuroglu v. Turkey, recently ruled that Turkey had violated Articles 2 and 3 of the European Convention on Human Rights during a 1996 anti-terrorism operation conducted against the Workers Party of Kurdistan (PKK)...

Parmesan Cheese Defined

Posted on February 29, 2008
In a recent decision, the European Court of Justice opined that only cheeses bearing the protected denomination of origin (PDO) ‘Parmigiano-Reggiano’ could be sold under the denomination ‘Parmesan’. The decision has set a valuable precedent in the EU for numerous other cases where European geographical indications, worth billions of Euros and having cultural and historic [...

Mixed Reactions to Kosovo

Posted on February 25, 2008
Although Kosovars did not get the new flag that its majority seemingly so desperately wanted, the Kosovar parliament officially ended the decade long illusion that was Yugoslavia by settling for a blue flag with white stars bearing a yellow map of Kosovo...

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