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Legal news from Monday, February 2, 2009 |
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State Department issues sanctions against foreign companies for arms violations
Devin Montgomery on February 2, 2009 5:36 PM ET

[JURIST] The US State Department [official website] announced [Federal Register materials] Monday that it has instituted sanctions against Chinese, Iranian, and North Korean arms companies for violating US rules against the spread of weapons and missile technology. Under the sanctions, the companies are banned from trading with the US or US companies. The sanctions were imposed under the Arms Export Control Act [text], as well as executive orders issued in 1994 [Executive Order 12938 text, PDF] and 2001 [Executive Order 13222 text, PDF]. The sanctions are not expected to have much direct impact on the companies, but are seen as symbolic [AP report] of the weapons proliferation stance of US President Barack Obama [official website] and Secretary of State Hillary Clinton [official profile].
Aside from criticizing the practices of individual companies, the US and other countries have expressed concern over the weapons programs of both the Iranian and North Korean governments. In October 2008, International Atomic Energy Agency (IAEA) [official website] head Mohamed ElBaradei [BBC profile] said he wants North Korea to return [JURIST report] to the Nuclear Non-Proliferation Treaty [text, PDF; IAEA backgrounder] after a five-year absence. In May, Britain, China, France, Russia, and the US issued a joint statement [text, PDF] calling Iran's uranium enrichment program a major threat [JURIST report] to the treaty.


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China trial of rights activist critical of earthquake response postponed
Jay Carmella on February 2, 2009 9:03 AM ET

[JURIST] The trial of Chinese human rights activist Huang Qi, an outspoken critic of the Chinese government's response to the earthquake in the Sichuan Province [BBC backgrounder], originally set for Tuesday, will now be delayed. A Chinese court on Monday scheduled the trial date for Tuesday, leaving Huang's attorney less than 24 hours to prepare his defense and prompting an immediate legal challenge. Huang's attorney accused [AP report] the Chinese government of breaking the law in order to intentionally make things difficult for his client. Huang remains one of China's most outspoken activists and will be tried on charges of illegal possession of state secrets. A new trial date has not yet been set.
The Chinese court system remains the target of criticism for activist groups. Last July, China was accused [JURIST report] of using the courts to retaliate against journalists critical of government. In February 2008, a Chinese court convicted dissident writer Lu Gengsong on charges of subversion [JURIST report], sentencing him to four years in prison for writing essays exposing corruption within the Communist Party of China. Also last year, the Chinese government violently suppressed demonstrations and protests in Tibet [JURIST news archive], detaining thousands.


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UK government seeks power to remove lords for improper behavior
Jay Carmella on February 2, 2009 7:43 AM ET

[JURIST] The British government intends to present legislation that would allow for members of the House of Lords [official website] to be removed for improper behavior, according to a statement by UK Secretary of State for Justice and Lord Chancellor Jack Straw [official profile; JURIST news archive] during a Sunday interview [audio] with BBC Radio 4. The announcement comes a week after members of the House of Lords were accused of taking cash payments from lobbyists [Sunday Times report] in exchange for amending legislation. Under current law, members of the House of Lords can not be removed from the chamber. This has allowed several members, including Canadian-born financier and former media mogul Conrad Black [CBC materials; JURIST news archive], to remain in the chamber despite being convicted of criminal offenses. Straw hopes the upcoming Constitutional Renewal Bill will not only include measures to remove members of the House of Lords for criminal activity, but also for improper behavior [BBC report], similar to what exists in the House of Commons [official website].
The House of Lords has been a target for reform for many years. In 2003, cabinet members rejected [BBC report] five different reform initiatives that varied from an entirely elected to entirely appointed House of Lords. Proposals were again initiated in 2006, with the release of a document by a cross-party working group on Lords' reform that hinted at a half-elected, half-appointed House with 450 Lords sitting in the chamber. In 2007, former UK Prime Minister Tony Blair pushed [JURIST report] for a half-elected, half-appointed House of Lords that removed all but 92 House members who still inherit their parliamentary seats.


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