[JURIST] As world capitals reacted Monday to China's adoption of a law [JURIST report] authorizing "non-peaceful means" of reunification with Taiwan, the White House called the legislation "unfortunate" while Russia said it understood China's position [Xinhua report]. In Washington, White House spokesman Scott McClellan noted that that the US "does not support Taiwan independence," but he told reporters that the law "does not serve the purpose of peace and stability in the Taiwan Strait." The Japanese media viewed the law with alarm and Chief Cabinet Secretary Hiroyuki Hosoda [official profile], speaking hours after National People's Congress announced the results of its vote, told reporters that Japan is concerned about the law's potential "negative impact... on peace and stability" in the area. Japanese Prime Minister Koizumi also urged peaceful resolution of the Taiwan dispute [Kyodo report] and said the law is likely to be one of the top issues during Condoleezza Rice's visit to Beijing next week [BBC report]. AFP has more.

[JURIST] A US District Court judge ruled Monday that a Hollinger International [corporate website] lawsuit over a looting of $425 million that allegedly took place under the watch of former CEO Conrad Black [CBC profile] and his former deputy could proceed. Hollinger, which owns the Chicago Sun-Times among its many media holdings [Columbia Journalism Review report], maintains that Black diverted funds for his own gain, but Black continues to dispute the charges, and has countersued for libel [JURIST report]. Hollinger has issued a statement on Judge Blanche M. Manning's ruling. The 2004 report [text] in which Hollinger forwarded its allegations to the SEC and Judge Manning is also available. AFP has more.

[JURIST] Defense contractor Halliburton Inc. [corporate website] may have overcharged the federal government by more than $100 million, according to an audit [PDF text] conducted by the Defense Contract Audit Agency [official website] and released Monday by Rep. Henry Waxman (D-Calif.) [House profile], which questioned $108 million in costs charged by Halliburton subsidiary Kellogg Brown & Root (KBR) [corporate overview] for delivering fuel to civilians in Iraq. The audit also charges that Halliburton failed to negotiate the best prices possible with subcontractors. The alleged misconduct took place under a no-bid contract awarded to Halliburton prior to the US-led invasion of Iraq. Halliburton has defended its practices, claiming that the audit failed to consider that the fuel delivery was part of an urgent mission within a war environment. Halliburton, run by Vice-President Dick Cheney until his decision to become President Bush’s running mate in the 2000 election, is the largest US contractor in Iraq and is said to have the potential for $18 billion in earnings through its wartime operations and its role during the rebuilding of Iraq.. Waxman and Rep. John Dingell (D-Mich.) [House profile] have co-authored a letter to President Bush [PDF text] regarding the audit, demanding that steps be taken to recover funds from Halliburton, and criticizing his administration for allegedly ignoring dozens of attempts to review the audits of contracts with KBR. Reuters has more.

[JURIST]In Monday's environmental law news, the UK has announced it will go ahead in late April or early May with its original plan for limiting CO2 output under the European Union's emissions trading scheme in keeping with Kyoto Protocol [text] requirements. The UK had proposed a revised plan that would have increased their limits for the first few years of the regulations. The UK says it will still challenge the EU in court to further consider the revised proposal. Reuters has more.

In other news,

• The Maryland Department of the Environment [official website] has proposed the creation of a new classification type for its waterways that is drawing complaints from environmentalists. Under the federal Clean Water Act [text], states must classify their waters and create pollution limits for the different types. Maryland has had 4 classification categories, with the lowest standards for Use 1: nontidal waters clean enough to allow fishing, swimming, water contact recreation, and the survival and reproduction of aquatic life. The highest standards are Use 4, which is Use 1 with the addition of trout. The state wants to add a Use 5, which would be limited use waters not acceptable for recreation or aquatic life because of pollution, naturally low oxygen levels or other factors. Critics argue that the new classification indicates the state is simply giving up on trying to clean up any waters so designated. The Baltimore Sun has the full story.
  
  
• A lawsuit against the Denver-based Newmont Mining Co. [company website] appears to be going ahead, despite efforts by the company to settle the case. The lawsuit, brought on behalf of some 1,100 Peruvian villagers, blames Newmont for a mercury spill that has allegedly led to numerous medical problems around the area. In 2000, a canister containing mercury, used in the processing of gold from the mining operation, opened during truck transportation and spilled some 330 lbs of the liquid metal. The company has already spent $10 million to treat exposed villagers, clean up the spill, and monitor the environment. It is reported that if the Peruvians win, it will be the first judgment against a US company in a US court for environmental contamination committed outside the US. The San Francisco Chronicle has the full story.
  

[JURIST] AP is reporting that a California Superior Court judge has ruled that California's law limiting marriage to a union between a man and a woman is unconstitutional.

4:32 PM ET - San Francisco County Superior Court Judge Richard Kramer has ruled that the California law limiting marriage to opposite-sex couples is unconstitutional. "The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," Kramer wrote. Judge Kramer was previously hailed for his impartiality [Christian Post report] in this case by anti-gay marriage groups, which welcomed his October decision granting full-party status to the Campaign for California Families [advocacy website], the organization that sued to stop San Francisco mayor Gavin Newsom [Wikipedia profile] from issuing marriage licenses to gay couples. The consolidated cases involved a suit brought by a dozen gay couples [SF Chronicle report] and a challenge to state law by San Francisco city officials and civil rights groups. The Alliance Defense Fund [advocacy website] has vowed to appeal the ruling, which, if upheld, would pave the way for California to follow Massachusetts in issuing marriage licenses to same-sex couples. California Attorney General Bill Lockyer [official profile] has said in the past that he expected the matter eventually would have to be settled by the California Supreme Court. AP has more.

[JURIST] The leaders of United States, Canada and Mexico will discuss a joint plan to protect North American borders and improve movement between countries when they meet next week at a North American summit in Texas. A report released Monday [Council on Foreign Relations press release], jointly sponsored by the foreign relation councils of all three nations, calls for the creation of a common economic and security community by the end of the decade. Among the recommendations are an integrated terror watch list, unified visa regulations, and biometric border passes to allow easier movement between countries. The plan calls for the creation of a North American community with aspects similar to the EU. The plan must still overcome sizeable hurdles, as Canadians have voiced concerns over soverignty, while Mexico fears a US seizure of natural resources, and the US cites security concerns. CBC News has more.

[JURIST] The International Criminal Tribunal for Rwanda [official website] Monday sentenced Vincent Rutaganira, a former local leader, to six years in prison after he pleaded guilty to a charge of extermination by omission. In the court's first judgment this year, the court handed down its shortest sentence ever. The ICTR was established by the UN in 1995 to try those who oversaw the genocide in Rwanda in 1994, when 800,000 Tutsis and Hutus were killed by extremists in 100 days. Rutaganira was the councilor for the Kibuye province in western Rwanda during the genocide. The tribunal has thus far convicted 21 people for genocide-related crimes and acquitted three. Reuters has more. Read the full 9-page ruling [PDF text].

[JURIST] Former Kosovo prime minister Ramush Haradinaj Monday pleaded not guilty in his initial appearance before the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. Haradinaj, who resigned his post and turning himself over to the court last week, plead not guilty to all 37 counts of war crimes [ICTY indictment] including murder, persecution, and rape. His lawyers are seeking a provisional release pending trial. Haradinaj was a senior commander of the Kosovo Liberation Army, the ethnic Albanian guerrilla force which opposed Slobodan Milosevic during the 1998-1999 Kosovo war. AFP has more.

[JURIST] After questioning the rationale [China Daily report] for continued use of capital punishment earlier this year, China has decided to reform but not eliminate the death penalty. Chinese Prime Minister Wen Jiabao announced the reforms Monday [IANS report], which some experts believe could lower the number of executions in the country by 30%. Under Chinese law 68 crimes can merit the death penalty, including non-violent offenses such as bigamy, bribery, financial fraud and cyber crimes; the Australian Coalition Against the Death Penalty has more details [backgrounder]. According to Amnesty International [AI factsheet], 84% of all state-sanctioned executions in the world take place in China and the rights of defendants are routinely violated. Chinese experts had called for a "kill fewer, kill carefully" policy towards suspects of non-violent crimes, state media [China Daily report] said in August. JURIST reported last week that China's Chief Justice, Xiao Yang, had suggested that reforms were on the way.

[JURIST] Abu Ali, a US citizen who allegedly joined al-Qaida while studying abroad in Saudi Arabia, pleaded not guilty on Monday to charges of providing material aid to terrorists [DOJ indictment]. Ali, a former Virginia high school valedictorian, is accused of plotting to assassinate President Bush, in addition to providing support and funds to al-Qaida. An FBI agent testified that Ali admitted his guilt multiple times, but Ali's lawyers argue that the confessions were obtained through torture and that Ali has scars on his back from the beatings he endured while in Saudi custody. Ali was arrested by Saudi authorities in June of 2003, and was held in Riyadh for 20 months until he was returned to Virginia to stand trial. His trial is scheduled to begin on August 22 in federal court in Virginia. If convicted, he could face up to 80 years in prison. AP has more.

[JURIST] After a Monday meeting with Palestinian president Mahmoud Abbas [BBC profile], UN Secretary General Kofi Annan announced that the UN will establish a register of property damage caused by the construction of Israel's two-year-old West Bank separation barrier [Israel MOD website]. Annan said the UN position on the barrier was clear: an advisory opinion by the International Court of Justice [materials] held the barrier to be illegal, and the General Assembly had passed an anti-barrier resolution [text]. Israel claims that the barrier, which is now about one-third complete, is to keep out Palestinian attackers. Palestinians, meanwhile, insist that the real purpose is to seize West Bank land and draw a border without negotiating a peace deal. During Annan's announcement, Palestinian police restrained hundreds of protesters outside the walled government compound in Ramallah where he spoke to the press. AP has more.

[JURIST] The United Nations' Commission on Human Rights [official site] began its annual six-week session on Monday. This year's meeting may produce significant criticism of human rights abuses committed by the US against prisoners in Iraq and Afghanistan. Activist groups, such as Human Rights Watch [official site], are calling for the UN to condemn the American actions, and Cuba has said it will make US abuses an issue. The commission suffers from an ongoing credibility problem, however, due to the fact that its members include Sudan, Zimbabwe, and Saudi Arabia, three countries which have especially poor records on human rights. The Commission annually examines nations' adherence to international conventions on topics including illegal killings, arbitrary detention, women's rights, and child pornography. Typically, the Commission will issue "report cards" condemning particular practices in target countries. In addition to the US, the Commission is expected to focus on problems in Israel, North Korea, Belarus, and Myanmar. It is also expected to denounce actions in Nepal, which recently saw King Gyanendra sack the government and take full powers, resulting in what Amnesty International deems a "human rights catastrophe." Reuters has more.Statements from the Monday morning opening of the Commission meeting are available here.

[JURIST] Opposition members in Hong Kong's legislature expressed outrage Monday at the weekend announcement [JURIST report] that the elected successor to Tung Chee-Hwa, Hong Kong's former executive who resigned last Thursday [JURIST report], would only serve the remainder of Tung's term instead of a full five years. The decision, announced by Acting Chief Executive Donald Tsang [official profile], himself the candidate favored by mainland China, is based on an interpretation of the Basic Law [text], the mini-constitution put in place upon Hong Kong's reversion to Chinese control in 1997. Opposition candidates are leary of launching a legal challenge however, as the only authority over the Basic Law is China's parliament. The last two challenges to interpretations of the Basic Law resulted in the Chinese legislature imposing amendments viewed as anti-democratic. Beijing is allegedly pressuring other potential candidates not to run against Tsang, but oppostion lawmakers said Monday that they would do everything they could to ensure that the election was a contested runoff between at least two candidates. Channel NewsAsia has more.

[JURIST] The Supreme Court of Zimbabwe [government website] Monday quashed an order from the state Media Commission denying the independent newspaper Daily News [official website] a license to publish. Chief Justice Godfrey Chidyausiku advised the Harare paper, banned since September 2003, to submit a new license application to the Commission. More generally, however, the court refused to overturn contested provisions of Zimbabwe's controversial Access to Information and Protection of Privacy Act, the stifling media law that the Associated Newpapers of Zimbabwe, the Daily News parent company, has been seeking to have loosened ever since the government of President Robert Mugabe began its crackdown on independent media outlets in 2002. South Africa's News 24 has local coverage.

[JURIST] Taiwan's ruling Democratic Progressive Party [official website] announced a draft bill Monday that would give the President of Taiwan the power to take action to "safeguard Taiwan's sovereignty and territory" - if necessary, without legislative approval. The draft legislation, brought forward in response to China's newly-passed anti-secession law [JURIST report] in expected to be formally presented sometime Monday. It will authorize the President to take actions, including referendums and (apparently mirring language of the Chinese legilsation) "non-peaceful" steps to respond to any threat to Taiwan's current quasi-independent status. The President would be required to present any such action to the legislature within 30 days. The Taiwanese draft bill rejects China's identification of the issue as an 'internal matter' and classifies it as an international concern that must be addressed by the international community. China's anti-secession law [JURIST Gazette] allows for the use of military force to reunify the two nations if Taiwan were to take any steps towards formal independence, or if all peaceful means of reunification have failed. Read the Taiwan Mainland Affairs Committee [official website] press release on the anti-secession law. The Taipei Times has local coverage.

[JURIST] Following up on a report submitted last week to Prime Minister Ariel Sharon [JURIST report], the Israeli Cabinet Sunday agreed to remove the 24 Jewish outposts established on the Palestinian West Bank since Sharon took power in March 2001. Outposts - unofficial plantings of Isreali citizens in Palestinian territory to prevent the formation of a Palestinian state - are legally distinct from settlements, and their own legality has always been questionable. Former state prosecutor Talia Sasson's report asserted that all 105 West Bank outposts were illegal; the fate of the other 81 outposts will be determined by a special committee. Sharon had pledged to end the use of outposts as part of the international road map to peace. Sharon met with UN Secretary-General Kofi Annan Sunday evening to inform him of the committment to disband the outposts. Read the Israeli press release on Sharon's meeting with Annan. The Jerusalem Post has local coverage.

[JURIST] Gojko Jankovic, a Bosnian Serb paramilitary leader, was transferred to the detention facility for the International Criminal Tribunal for the Former Yugoslavia [official website] Monday after surrendering to Serbian authorities over the weekend. Jankovic is accused of encouraging his soldiers to perform acts of rape and torture on women arrested in the town of Foca during the Bosnian war of the 1990s. Jankovic is the sixth indicted war crimes suspect to surrender himself to the ICTY in the past two months. He turned himself in after receiving assurances from the Republic of Srpska [government website] that he would be released on bail prior to trial and that his family would receive government assistance should he be convicted. Read the ICTY press release announcing Jankovic's transfer. Read Jankovic's official ICTY indictment. Serbia's B92 has local coverage.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Monday, March 14.

The US Senate [official website] convenes at 10 AM ET today to begin consideration of the FY 2006 budget resolution. Watch a live webcast of proceedings. The Senate Judiciary Committee [official website] Immigration, Border Security and Citizenship Subcommittee will hold a 2:30 PM ET hearing on strengthening border security and the Sept. 11 Commission report on terrorist travel. View a hearing agenda, and watch a live webcast of the hearing.

The US House [official website] will convene at 12:30 PM ET today. Watch a live webcast of proceedings.

The UN Security Council [official website] will hold a 10:30 AM ET meeting, in which it will hear a report by the Secretary-General on Ethiopa and Eritrea and a letter from the Secretary-General on the International Criminal Tribunal for the Former Yugoslavia. View a meeting agenda, and watch a live webcast of the proceedings.

The 61st session of the UN Commission on Human Rights [official website] begins today [Yonhap report] at 10 AM ET and runs through next month. View the provisional agenda [PDF] for the session and a daily agenda [DOC].

At the International Criminal Tribunal for the Former Yugoslavia, Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj [ICTY case backgrounder] will make an initial appearance before the tribunal at 8:30 AM local time [2:30 AM ET]. Watch a webcast of proceedings. The trial of Slobodan Milosevic [ICTY case backgrounder] continues today. A webcast begins at 9:30 AM local time [3:30 AM ET]. Also today, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues, with a webcast beginning at 2:45 PM local time [8:45 AM ET].