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World Court settles 40-year dispute over Black Sea
International | 2009/02/04 04:45
A 40-year dispute between Romania and Ukraine over an energy-rich area of the Black Sea was resolved Tuesday as the International Court of Justice drew a border giving Romania the larger share.


The decision focused partly on a rocky and inhospitable island held by Ukraine and linked to the mythical Greek hero Achilles.

However, the final judgment made no mention of natural resources, and it was unclear how the new line would divide access to the region's estimated billions of cubic meters of natural gas and 10 million tons of oil.

Ukraine and Romania both welcomed the decision, though the U.N.'s highest judicial body largely discounted the arguments and maps they had presented to back their claims.

Romanian delegate Bogdan Aurescu said his side got nearly 80 percent of its claim over the 12,000-square-kilometer (4,633-square-mile) territory.

He said the decision could open new era of cooperation between the countries. Media in Bucharest suggested the region's energy resources could help Romania become less dependent on Russian natural gas.

Ukraine's Deputy Foreign Minister Oleksandr Kupchyshyn called the court's decision "a wise compromise," and said geologists would determine how much energy potential each side could exploit.

The ruling gave Ukraine a large portion of the northeastern side of Romania's claim. "We are satisfied that we have become party to this civilized solution," Kupchyshyn said.

The court's 15 justices unanimously adopted the binding decision, after the two countries had failed in 24 rounds of negotiation to settle the dispute that started shortly after the end of World War II.

The court rejected Ukraine's suggestion that the boundary run through Serpent Island, also known as Snake Island — where legend says Achilles was buried. Ruins have been discovered of what of what is believed to have been an ancient temple to the Greek warrior with the vulnerable heel.

Romania said the rocky outcrop 23 miles (37 kilometers) off the coast and the mouth of the Danube was so small it didn't qualify as an island. The entire island was placed in Ukraine's portion of the sea.



Chinese dissident's trial postponed, lawyer says
International | 2009/02/02 08:32
A Chinese court has delayed the trial of an activist who criticized the government's earthquake response, the man's lawyer said Monday.

Mo Shaoping, who is representing activist Huang Qi, said the postponement came after he protested that the original starting time of Tuesday morning _ announced only on Monday _ left him less than 24 hours to study the indictment and build a defense against the charge of possessing state secrets.

Mo said the judge has yet to fix the later date.

Earlier Monday, Mo, one of China's best-known human rights lawyers, had said that the sudden announcement of the trial date was illegal and accused the court of "intentionally creating difficulties." According to Mo, rules demand that lawyers be informed of a trial date at least three days in advance.

Telephones at the court in Chengdu, Sichuan's capital, rang unanswered Monday.

Huang had posted articles on his Web site 64Tianwang.com criticizing the government's response to last May 12's magnitude-7.9 temblor after visiting affected areas and meeting parents who lost their children in the collapse of badly built schools.

Public complaints by parents who blamed corruption and shoddy construction for school collapses have since became an extremely sensitive issue.



Spain's probe of Israelis presents legal quandary
International | 2009/02/01 08:32
A Spanish judge's decision to investigate seven Israeli officials over a deadly 2002 attack against Hamas that had nothing to do with Spain has renewed a debate about the long arm of European justice.

Critics say Madrid should mind its own business, particularly since Spain is still struggling to address its own bloody past. Supporters argue that some crimes are so heinous that all of humanity is a victim and somebody has to prosecute them.

Spain is hardly alone. A number of European countries have enacted some form of "universal jurisdiction," a doctrine that allows courts to reach beyond national borders in cases of torture or war crimes.

_ In 2001, a war crimes suit against Israeli Prime Minister Ariel Sharon was filed in Belgium by Palestinian survivors of the 1982 Sabra and Chatilla refugee camp massacre in Lebanon. Belgium's highest court then dismissed the war crimes proceedings against Sharon and others, ruling it had no legal basis to charge them.

_ French judges have opened investigations into Congolese security officials and convicted a Tunisian Interior Ministry official of torturing a fellow citizen on Tunisian soil.

_ And Spain has indicted the late Chilean dictator Augusto Pinochet and Osama bin Laden among others, including Argentine dirty war suspects.



South Korean blogger seeks bail after arrest
International | 2009/01/28 09:41
A South Korean blogger charged with spreading false information has requested bail and said his arrest was unconstitutional, a lawyer said Wednesday.


The 30-year-old man — identified in court documents as Park Dae-sung — was charged last week with posting a blog in December that said the government had banned major financial institutions and trade businesses from buying U.S. dollars.

The case has ignited debate about freedom of speech on the Internet in South Korea, one of the world's most wired and tech-savvy nations.

The blogger has been in custody since his arrest earlier this month. If convicted, he faces up to five years in prison or a fine of up to 50 million won ($36,360).

Prosecutors said last week the posting was not only inaccurate but it had "a clear and grave influence" on the foreign exchange market and undermined the nation's credibility.

The blogger had gained popularity after some of his predictions, including the collapse of investment bank Lehman Brothers, proved correct.

Defense lawyer Park Chan-jong told The Associated Press on Wednesday the blogger has also asked that the Constitutional Court be allowed to rule whether the law under which he was charged is unconstitutional. The Seoul Central District Court can either reject his petition or ask the top court to decide.

Park said the arrest violated his client's freedom of speech rights.



WADA faces court challenge in Belgium
International | 2009/01/27 11:11
A group of Belgian athletes is challenging the rule requiring athletes to notify drug testers of their whereabouts, contending it violates privacy.


If the case is successful in Belgium, it could undermine the work of the World Anti-Doping Agency and be used as a precedent to contest the ruling in other courts around the world.

Lawyer Kristof De Saedeleer represents a group of 65 soccer and volleyball players and cyclists. He has filed the case with Belgium's Council of State high court, which could take up to six months to rule.

Athletes are obligated to give their whereabouts up to three months in advance. Out-of-competition tests are essential in catching cheats since many illegal substances can become untraceable by the time competition starts.

To perform such tests, WADA needs to know at all times where and when athletes can be traced. Under the latest WADA code, athletes must specify one hour each day where they can be located for testing.

"It gives WADA a pass to invade the privacy of athletes," De Saedeleer said by telephone Tuesday.

Three missed tests or three warnings for failing to file such information within an 18-month period constitute a doping violation and can lead to a ban.

The Belgian challenge cites privacy provisions within the Belgian constitution and the European Convention on Human Rights and Fundamental Freedoms of the Council of Europe.

Although the athletes stress they do not object to out-of-competition doping, they claim the system is far too invasive, forcing them even to pinpoint when they go to the movies.



Israeli court orders Gaza open to foreign media
International | 2009/01/25 08:08
Israel's Supreme Court on Sunday ordered its government to allow free access to Gaza for foreign correspondents, rejecting a ban imposed even before the recent Israeli offensive there.

The ruling says the Israeli government must allow access to reporters whenever the borders are otherwise open. The court said it assumed the crossings would be closed "only in dire circumstances of concrete danger."

The Foreign Press Association, representing reporters based in Israel and the Palestinian areas, had appealed to overturn the ban.

The ruling "reinforces the protection of freedom of the press and the freedom of movement as fundamental rights that could be restricted only under extreme circumstances," said Gilead Sher, attorney for the organization.

Since the offensive ended, Israel has restored access to Gaza for reporters. The ruling would apply to future conflicts, Sher said.

Israel imposed restrictions on entry to Gaza in early November as a cease-fire with Gaza's Hamas rulers began to fray. It tightened the rules after launching a military offensive Dec. 27 and ignored a Supreme Court order six days later to allow limited access to international reporters.

Though the ban was instituted well before heavy fighting began, the government argued the security situation made it unsafe for journalists to visit.



Chinese man gets death sentence in milk scandal
International | 2009/01/22 03:36
A Chinese court has handed down a death penalty to a man convicted of endangering public safety in the first sentencing connected with a contaminated milk scandal that shocked the country.


The Intermediate People's Court in Shijiazhuang gave the death sentence to Zhang Yujun. He was convicted of running a workshop that was allegedly China's largest source of melamine, the substance responsible for the health crisis.

A court spokesman said a second man, Zhang Yanzhang, was given a life sentence, also for endangering public safety.

The court is expected to hand down a sentence later Thursday for Tian Wenhua, the general manager of the dairy company at the heart of the scandal.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

SHIJIAZHUANG, China (AP) — A Chinese court has handed down a death penalty to a man convicted of endangering public safety in the first sentencing connected with a contaminated milk scandal that shocked the country.

The Intermediate People's Court in Shijiazhuang gave the death sentence to Zhang Yujun. He was convicted of running a workshop that was allegedly China's largest source of melamine, the substance responsible for the health crisis.

A court spokesman said a second man, Zhang Yanzhang, was given a life sentence, also for endangering public safety.

The court is expected to hand down a sentence later Thursday for Tian Wenhua, the general manager of the dairy company at the heart of the scandal.



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