|
|
|
Canada-U.S. lumber spat gets split court ruling
International |
2008/03/04 11:32
|
The London Court of International Arbitration has issued a split ruling on Canadian softwood lumber shipments to the United States in the latest installment of the two countries' long-running trade feud. The ruling, released on Tuesday, addresses the first of two complaints the Bush administration has lodged, alleging that Canada had breached a 2006 trade deal by shipping too much lumber and exacerbating woes for struggling U.S. lumber firms. The United States accused Canada of misinterpreting the agreement to give its exporters an unfair advantage.
The ruling marked a victory for the Western Canadian provinces of British Columbia and Alberta when the panel found against the U.S. claim that the provinces owed millions of dollars in export taxes aimed at limiting export surges. Under the deal, Canadian lumber exporters can either pay export charges of up to 15 percent based on their selling price to the United States, or cap the charge at 5 percent along with an export quota that restrains volume. British Columbia has traditionally produced about half of all the softwood that Canada exports to the United States. However, the court found that Quebec and Ontario in Canada's east, which are also big producers and use the quota option to limit their exports, had sent too much lumber south. "Under the panel decision, producers in the east of Canada will be penalized for over-shipping their allowable quota," said Zoltan van Heyningen, executive director of the Coalition for Fair Lumber Imports, the U.S. industry group that has been driving the complaints. Canada claimed at least partial victory and said the ruling was a healthy step for the bilateral 2006 agreement, which was designed to avert more years of long, expensive lumber lawsuits. "While Canada believes that it has fully complied with the agreement, we respect the tribunal's ruling ... Today's decision provides clarity with respect to the implementation of the SLA (Softwood Lumber Agreement) in the future," said Canadian Trade Minister David Emerson. The United States had argued that the starting point for calculating export charges and volumes should be the first quarter of 2007, while Canada argued it should be July 2007. The court sided with the United States on that issue. The two countries have one month to propose possible remedies for the overshipping issue, which might entail docking future exports, Van Heyningen said. The U.S. coalition said it disagreed with the findings on the western provinces, which it said "let Canada off the hook regarding past collections of 'surge mechanism' export taxes," which they estimated at up to about $85 million. The Bush administration has filed a separate complaint at the court, alleging that certain Canadian provinces were improperly propping up their lumber industries. |
|
|
|
|
|
Young lawyer appointed Romanian justice minister
International |
2008/03/01 09:10
|
Catalin Predoiu, a 40-year-old lawyer, has been appointed Romania's new justice minister. His appointment ends a lengthy struggle between Romanian head of government Calin Popescu-Tariceanu and President Traian Basescu.
The EU is closely following the development of Romania's judicial system, and therefore also the filling of this post. Dan Cristian Turturica comments: "We don't know much about Catalin Predoiu, but on the basis of his biography he seems a better choice than any of the other candidates put up by the Liberal Party so far. ...
The important difference between him and his predecessor Tudor Chiuariu is that the latter was a party activist whereas Predoiu has legal experience. In theory this means he won't have to do everything the party demands of him. ... On the other hand, ministerial posts are political jobs, and for Romania it has become crucial that they are occupied by experts - even if they are technocrats - because nowadays there are hardly any political dignitaries left who have both work experience and morals." |
|
|
|
|
|
Venezuela asks UK court to lift Exxon asset freeze
International |
2008/02/29 05:42
|
Venezuela's state oil company has asked a British court to lift a $12 billion freeze granted to U.S. oil major Exxon Mobil pending arbitration over the seizure of oil fields in the South American country.
Lawyers for PDVSA argued on Thursday that the court had no right to impose the freeze because the assets under dispute, the parties and the arbitration that Exxon has applied for were not in or connected with Britain.
Leftist President Hugo Chavez told foreign oil companies last year to cede a majority stake in oil projects or leave the country. Most agreed and accepted bids for stakes in their projects from PDVSA that analysts said were below market value. Exxon opted to pull out rather than concede and has applied for international arbitration to win damages.
Pending the outcome, America's largest company convinced courts in Britain, the United States and the Netherlands to freeze Venezuelan assets to ensure funds for compensation.
Acting for PDVSA, lawyer Gordon Pollock told the court, "It is not the role or function of the English courts to offer worldwide freezing orders" to anyone who asked for them.
Pollock said the English court had stretched beyond its jurisdiction in this instance given such asset freezes were normally only awarded in cases involving "egregious fraud".
"This is not a fraud case ... it is a contractual dispute." In Caracas, Venezuela's Oil Minister Rafael Ramirez said Venezuela made three basic arguments against the ruling.
First, the asset freeze was outside the arbitration process, which PDVSA was following in good faith. Second, PDVSA is a state company and therefore should be immune from such freezes, he said.
Finally, he said such freezes were used against companies in financial difficulties, which was not the case for PDVSA -- a company industry analysts believe can easily pay Exxon compensation for its seized assets.
|
|
|
|
|
|
EU Court Rules on in Vitro Dispute
International |
2008/02/26 05:50
|
The European Court of Justice, clarifying an Austrian labor dispute, ruled against a Salzburg woman's claim that she had been entitled to labor protection when she was fired while pursuing in vitro fertilization. The woman argued that she was technically already pregnant when her eggs were fertilized — but not yet implanted — and hence was entitled to full pay and protection from dismissal under EU labor legislation. The fertilized eggs were implanted three days after she was dismissed from her job at a bakery in March 2005. In its ruling Tuesday, the EU court said that under such an argument, women could delay having fertilized eggs implanted for years and claim unfair dismissal by saying they are pregnant. Rather, the EU high court ruled that the Austrian court need only assess whether in vitro fertilization was considered by her employers as grounds for dismissal. European law bans gender discrimination. |
|
|
|
|
|
Raul Castro named Cuba's new president
International |
2008/02/25 05:31
|
Cuba's parliament named Raul Castro president to replace his ailing brother Fidel, prompting a guarded response Monday from countries looking for signs of reform on the Communist-ruled island. After years in Fidel's charismatic shadow as Cuba's number two and defense minister, Raul Castro faces massive challenges, including preparing the transition of power to a newer generation and reforming the economy. "Fidel is irreplaceable; the people will continue his work when he is no longer with us physically, though his ideas always will be here," Raul Castro, 76, told lawmakers in his acceptance speech late Sunday. In the 19 months since he took over as temporary leader, Raul Castro has made some minor adjustments in the economy, while promising bigger changes. But he has made it clear that everything will take place "within socialism" and that solutions to the country's problems will come "little by little." People in the street voiced hopes that the new president would usher in long-sought economic reforms to improve their daily lives. "This is the best that could have happened to Cuba," Carlos Muguercia, a 78-year-old craftsman said. "Raul already knows the situation. He knows how to solve problems, in any case the most serious ones." Others were less enthusiastic at the dynastic succession. "Raul is Fidel without a beard," argued one young man enjoying a beer at a bar in Havana's historic center. In a sign that change may take time, Raul Castro said he would consult with his brother on major issues. And he vowed to be on guard against Cuba's powerful northern neighbor the United States. |
|
|
|
|
|
Serbs Protesters Attack UN Police
International |
2008/02/22 02:53
|
Serbs protesting Kosovo's independence for a fifth straight day Friday attacked U.N. police guarding a key bridge in northern Kosovo with stones, glass bottles and firecrackers on Friday. Serbia's prime minister appealed for calm as the European Union condemned rioting in the capital Belgrade overnight when demonstrators attacked the U.S. embassy and other Western mission. The United States and EU heavyweights Britain, France and Germany have formally recognized Kosovo. Serbian President Boris Tadic called an emergency meeting of the national security council, saying the riots that engulfed the capital overnight must "never happen again." In Serb-dominated northern Kosovo, demonstrators waved Serbian flags and chanted "Kosovo is ours!" Police tried to keep protesters off the Kosovska Mitrovica bridge over the Ibar River. The bridge, which divides Kosovo Serbs from ethnic Albanians, has long been a flashpoint of tensions in Kosovo's restive north Kosovo's ethnic Albanian leaders declared independence from Serbia on Sunday. The province, which is 90 percent ethnic Albanian, has not been under Serbia's control since 1999, when NATO launched airstrikes to halt a Serbian crackdown on ethnic Albanian separatists. A U.N. mission has governed Kosovo since. Prime Minister Hashim Thaci said Friday the violence was reminiscent of former Serbian leader Slobodan Milosevic's bloody crackdown on ethnic Albanian separatists in Kosovo. |
|
|
|
|
|
Luxembourg parliament adopts euthanasia law
International |
2008/02/20 03:34
|
Luxembourg parliament adopted a law late on Tuesday to legalize euthanasia and assisted suicide, adding the Grand Duchy to a small group of countries that allow the terminally ill to end their lives. The law, expected to come into force towards the summer, was passed by 30 votes to 26. Luxembourg's media said it was a symbolic defeat for Prime Minister Jean-Claude Juncker whose Christian Social Party opposed it. "The Christian Social Party and the Catholic church were against the euthanasia law, calling it murder but we said no, it's just another way to go," said Jean Huss, a member of parliament of the Green Party and co-sponsor of the bill. Huss said he expected that the legislative process needed for the law to come into force would take a few more months and would most likely be implemented towards the summer. The Netherlands became the first country to permit assisted deaths for the terminally ill in April 2002. Opponents there had drawn parallels with Nazi Germany, where authorities killed thousands of disabled children and mentally ill adults. Huss said fears that old people would be pressured to commit suicide were groundless, given the checks and balances built into the law. Euthanasia would be allowed for the terminally ill and those with incurable diseases or conditions, only when they asked to die repeatedly and with the consent of two doctors and a panel of experts.
|
|
|
|
|
Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
Law Firm Directory
|
|