In Monday's environmental law news, the World Health Organization (WHO) has conducted a study that shows normal mercury levels in people, fish and water around a mine in North Sulawesi, Indonesia. The Newmont Mining Company, the world's largest gold producer, is currently engaged in a court battle that alleges the company dumped toxic waste from the mine into the Buyat Bay. The Indonesia Ministry of Health has issued a press release on the study. Reuters has the full story.

In other news, the EPA is seeking comments on a proposed rule to change the Clean Air Act designation around Maricopa County Arizona. Comments are due November 8, and can be made here.

Hawaii Senators Inouye and Akaka have secured a pledge by Senate majority and minority leaders that the so-called Akaka bill [PDF], which will begin the process for the recognization of Native Hawaiians as an indigenous people, will be considered during the next Senate term.

The bill will need to be reintroduced in the new Congress that begins in January and reconsidered by the Senate Indian Affairs Committee. The House will also have to approve the bill. The Honolulu Advertiser has more.

In Monday's corporations and securities law news, the defense has begun its case in the fraud and conspiracy trial of the former Enron and Merrill Lynch executives indicted in the Nigerian barge deal. Read the indictment here. The Houston Chronicle has continuing coverage of the Enron barge trial. AP has more.

In other news...

• SunTrust Banks, the US's seventh-largest bank, has announced it would restate earnings for the first half of 2004 because loan losses were calculated incorrectly. The bank also announced that two senior financial executives, Sandra Jansky, executive vice-president and chief credit officer, and Jorge Arrieta, senior vice-president and controller, have been placed on paid leave pending a review. Read the SunTrust press release here. The Financial Times has more.
  
  
• Gabelli Asset Management Inc. announced the SEC has issued it a subpoena related to the an investigation into improper fund-share trading. AP has more.
  
  
• The SEC has decided not to bring insider trading charges against former Lehman Brothers analyst Holly Becker or her husband Michael Zimmerman. The investigation centered on Zimmerman's use of unpublished reports at Lehman to gain profits in various stocks. CBS MarketWatch has more.
  
  
• As reported earlier on JURIST's Paper Chase, the US Senate has passed a $136 billion corporate tax reform bill which cuts taxes for certain businesses while also closing tax loopholes. The bill is HR 4520 or the American Jobs Creation Act of 2004. Bloomberg has more.
  
  
• Global Crossing Ltd. announced it will launch a restructuring at the company by cutting about 600 jobs and scale down operations in order to free enough cash to stay fiscally afloat. Read the Global Crossing press release relating to the planned restructuring here. AP has more.
  
  
• As previously reported on JURIST's Paper Chase, a Moscow court of arbitration order oil giant Yukos to pay fines of $1.4 billion which stems from a failure to pay its back taxes. The Russia Journal has continuing coverage of Yukos' court battles. BBC has more.
  
  
• Click for previous corporations and securities law news.

US authorities have shut down 20 independent media websites spanning 17 countries by seizing their British-based webservers. Rackspace [corporate website], an American-owned web hosting company in Uxbridge, Middlesex, was issued a court order Thursday under the Mutual Legal Assistance Treaty [text], which allows countries to assist each other in investigations relating to international terrorism, kidnapping, and money laundering. The FBI subpoenaed Rackspace to hand over two servers used by Indymedia [corporate website], an international media network which provides a "news wire" to which its users contribute; no specific reason was given, although FBI sources say the action was taken at the behest of French and Swiss authorities.

The general secretary of the International Federation of Journalists has condemned the seizure, calling it intrusive and intolerable [IFJ statement], noting that "the seizure follows visits by the FBI to Indymedia personnel in the US inquiring about the publication on the French site Indymedia Nantes of photographs of Swiss undercover police photographing protestors. The photographs remain available on other websites." Indymedia has more information on the server seizure here. Monday's Guardian has more.

The UK Saville Inquiry [advocacy website] investigating the civil rights march in Londonderry Northern Ireland on January 30, 1972 ("Bloody Sunday") in which 13 civilians were shot dead by British soldiers may be further delayed as the soldiers may take the tribunal to court. The soldiers have argued against the use of any standard below the criminal standard of proof because of the potential consequences facing them.

Lord Saville [Wikipedia backgrounder], the head of the inquiry, has indicated that the tribunal will not use a criminal standard of proof to find if a soldier shot anyone without justification because the tribunal is merely investigating the circumstances surrounding the deaths and issuing a report. Read the Saville Inquiry's standard of proof ruling here [PDF]. BBC News has more and has in-depth coverage of the inquiry.

A New Hampshire judge has upheld a state attorney general's order which temporarily bars the Republican Governors Association [official website], the official public policy and political organization of the Republican governors in the United States, from engaging in political activities in New Hampshire. Superior Court Judge Carol Ann Conboy, who issued a temporary injunction today, will hold a hearing for a permanent injunction on Thursday.

The New Hampshire attorney general's office issued the order last week after the Democratic Party filed a complaint accusing the Republican Governors Association of hiring polling companies to conduct negative polls against Democratic gubernatorial challenger John Lynch [official website]. According to the order, the association must suspend its political activities until it registers as a political committee. Read the injunction here. AP has more.

The Civil Liberties Committee of the European Parliament [official websites] has narrowly voted to oppose Italian European Affairs Minister Rocco Buttiglione [BBC profile] as the next EU Justice Commissioner. Opponents cite Buttiglione's views on homosexuality and the role of women as causing unease in the committee. Their finding is not binding on the EU but usually signifies a refusal of a nomination.

The European Parliament, which votes on a new commission October 27, cannot veto European Commission members, but instead votes for or against the entire 25-member team. An MP3 audio file of Buttiglione's appearance before the Civil Liberties Committee on October 5 is here, and a print summary in English is here [PDF]. BBC News has more.

Outgoing US Ambassador Ralph L. "Skip" Boyce [official profile] on Monday cited Indonesia's lack of progress in human rights as preventing the resumption of military relations with the US. Hoping for another ally in the war against terror, the Bush administration has attempted to normalize relations with Indonesia, but the move was rejected by Congress.

The US initially cut back military ties to the nation in 1999 when rampaging pro-Jakarta forces killed 1,500 people and destroyed a large portion of East Timor after the half-island had voted to break away from Indonesia. AP has more. Boyce takes over as Ambassador to Thailand later this year.

The Constitutional Court of the Slovak Republic [official website] will review whether the country's new anti-discrimination statute, and specifically its policy on positive discrimination, is permissible under the Slovak Constitution. The law prohibits discrimination based on sexual orientation, sex, religion, nationality, race, and the state of a person's health.

Those opposed to the law, led by Justice Minister Daniel Lipsic, claim that it establishes quotas for people from protected groups in education and employment. CTK has the full story. The Slovak Spectator has more on the debate surrounding the law.

The US Senate has passed a $136 billion corporate tax reform bill which cuts taxes for certain businesses while also closing tax loopholes. HR 4520, the American Jobs Creation Act of 2004 [text], was two years in the making, and after passage in the House last week required a last-minute weekend session in the Senate to complete. Senators passed the bill today by a 69-17 vote.

The bill, which now goes to the President, also addresses a WTO ruling that subsidies for US exporters were illegal. Reuters has more.

Israeli Prime Minister Ariel Sharon, addressing parliament, vowed on Monday to submit his controversial Gaza withdrawal plan to a parliamentary vote on October 25. The plan involves the evacuation of 21 Jewish settlements in the Gaza Strip, and has been fiercely opposed by pro-settler nationalists. Sharon added that following the vote on "disengagement," he would present legislation detailing compensation for evacuated Jewish settlers in the first week of November. Isreal's Prime Minister's Office has posted the full text of Sharon's Knesset speech here. Reuters has more.

UPDATE: In a show of symbolic opposition to Sharon's initiative, the Israeli Knesset Monday voted down his speech on Gaza by 53-44. From Israel, Haaretz has more.

An exit poll conducted by Afghanistan's International Republican Institute [IRI report] has projected that interim president Hamid Karzai will win the country's first presidential election.

Preliminary results show US-backed Karzai ahead of main rival Yunus Qanooni by an overwhelming 43 percentage points. AP has more. JURIST's Paper Chase has more on the Afghanistan elections.

Canadian defence minister Bill Graham, speaking from Glasgow Scotland on Monday, said that he would not rule out a lawsuit [CBC report] against the British government over a recent fire on board the Canadian submarine HMCS Chicoutimi. The ship was one of four diesel-powered subs purchased from Britain's Royal Navy by Canada in 1998; last Tuesday, on its maiden voyage as a Canadian vessel, a major electrical fire started which severely damaged the ship, injured eight, and killed one [CBC report]. Graham said a naval inquiry would guide the Canadian government as to future legal action.

British defence minister Geoff Hoon commented this weekend that the sub was fit to sail [CBC report]. However, the Vancouver Sun reports that the Chicoutimi had so much rust on its hull that Canadian military officals had to restrict how far it was allowed to dive. The Guardian has more. Canada's Department of National Defense has set up a special website on the events surrounding the Chicoutimi.

The jury hearing the UK torture case against alleged Afghan warlord Faryadi Sarwar Zardad has asked the judge to explain who is behind the prosecution and whether Zardad had ever sought asylum in Britain or entered illegally. Zardad, who served as an Afghan commander from 1991 to 1996 before immigrating to Britain, faces charges of conspiracy to torture and take hostages under the UK Criminal Justice Act of 1988 [text].

Justice Treacy told the jurors that evidence given in the case would clarify if the questions were relevant. BBC News has more. JURIST's Paper Chase has background on the trial.

North Korea Monday threatened war if UN sanctions are deployed to bring the recalcitrant country back to the negotiating table of the Six-Party Talks [opening remarks]. An official statement released by the Korean Central News Agency declared "sanctions mean a war and war does not know any mercy' and "if the US applies more sanctions to the DPRK (North Korea) by putting the UN in motion, the DPRK will promptly and resolutely react to it with self-defensive war deterrent force." The multiparty talks have been aimed at uncovering the extent of North Korea's nuclear testing and capability and ensuring that those test are abandoned. North Korea refused to attend the latest round of talks in September, citing the United States' 'hostile attitude', prompting some to speculate on the possibility of implementing UN sanctions against the country. South Korea's President Roh Koo-Hyun has cautioned against pushing his communist neighbor too hard over the nuclear issue. JURIST's Paper Chase has background on the nuclear talks in North Korea. The Khaleej Times has more.

In other international news...

• Trial began Monday in the corruption case against Shabir Shaik, the financial advisor to South African Deputy President Jacob Zuma [official profile]. Shaik is charged with accepting and passing along bribes to Zuma from a French arms company in exchange for protecting the company from investigations and probes by the South African government [official website]. The beginning of the trial, being conducted in the Durban High Court in Johannesburg, saw the charges against the French company being dropped. Justice Hillary Squires is also currently considering whether to allow live broadcast of the trial. If Shaik is convicted, prosecutors have stated their intent to file charges against Zuma. Zuma has been widely touted as the likely replacement to current South African President Thabo Mbeki [official profile]. IOL has background on the case. Africa's Mail and Guardian has more.
  
  
• The Filipino government [official website] announced Monday that charges have been brought against six individuals in response to the February 27 bombing of a ferry in Manila Bay that killed over 100 passengers and crew. Two of the individuals charged are already in custody, one of whom is also responsible for the beheading of American captive Guillermo Sobero. The police announced that the two, members of the kidnap-for-ransom group Abu Sayyaf [military.com backgrounder], were captured along with a significant stash of explosives. Balita.org has more.
  
  
• The Cambodian Senate [official website] approved a draft law Monday that will settle the current monarchy crisis following King Sihanouk's announcement of abdication. The draft law calls for the Royal Throne Council to select a new monarch within seven days of the incumbent's death, retirement, or abdication. The law would require a new monarch by October 14th. The current Cambodian constitution makes no provision for the retirment or abdication of the monarch, which threw the government [official website] into a frenzy of activity in trying to ensure the succession process flowed smoothly. Prince Norodom Sihamoni, who spent the weekend trying to convince his father to remain king, has been endorsed by both Sihanouk and Prime Minister Hun Sen. JURIST's Paper Chase has background on the succession issue. BBC News has more.

By handing over Bosnian Serb war crimes suspect Ljubisa Beara to the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] this weekend [JURIST report], Serbia passed a deliberate cooperation test set by ICTY chief prosecutor Carla del Ponte.

Belgrade radio station B-92 reported Monday that del Ponte set the test in order to determine whether the Serbian government remains sincere in its efforts to comply with international justice, despite prior delay and reluctance by Prime Minister Vojislav Kostunica. Del Ponte is scheduled to report to EU foreign ministers Monday on Balkan states' cooperation with the UN-backed war crimes tribunal. Reuters has more.

AP is reporting that European Union foreign ministers have lifted sanctions against Libya and eased an arms embargo.

UPDATE: The EU decision to end sanctions against Libya is meant to reward the country for giving up plans to develop weapons of mass destruction. The EU move follows a US decision to lift most of its commercial sanctions against Libya earlier this year. AP has more.

Nigerian unions have begun a four-day general strike over rising fuel prices, in defiance of a court order banning them from striking for reasons other than working conditions. The Nigeria Labour Congress (NLC) [official website] has indicated that the strike would end only if the recent 25 percent increase in oil prices is reversed.

NLC leader Adams Oshiomhole has said the strike would be suspended after four days to give the government the opportunity to change its position and start talking to the unions. BBC News has more.

AP is reporting that a Moscow court has ruled that oil giant Yukos must pay $1.4 billion in fines and penalties on their $4.1 billion back tax bill for 2001.

UPDATE: The Moscow Arbitration Court Monday dismissed a request by Yukos lawyers seeking the appointment of a new judge in the case and ruled that the oil company must pay an additional $1.4 billion in fines and penalties on its 2001 $4.1 back-tax bill. Yukos also must pay a $3.4 billion tax bill for 2000 by the end of the month. Additionally, last week, its main subsidiary Yuganskneftegaz was given a separate tax bill for 2002 totaling nearly $1 billion. AP has more. The Russia Journal has continuing coverage of Yukos' court battles.

The counting of ballots in Afghanistan's presidential election has been delayed while negotiations proceed on what form an investigation into alleged voting irregularities should take. Candidates running in opposition to interim President Hamid Karzai initially called for the results of Saturday's election to be nullified because ink used to prevent voters from casting multiple ballots could be washed off. However, several candidates are now saying that they would instead accept the findings of an independent inquiry into the allegations. BBC News has more.

UPDATE: Afghanistan's Joint Electoral Management Body has asked the UN to appoint a panel of independent experts to investigate allegations of voting fraud. The JEMB also said Monday that it hopes to start the vote count late Tuesday, but it could take three weeks before it is completed. Reuters has more. Also Monday, Yunus Qanuni, Karzai's main rival, confirmed that he and several other candidates had dropped a plan to boycott the election process, saying that "we want unity in this election, not a boycott. The people want it and we appreciate their feelings." Again, Reuters has more.


Previously on JURIST's Paper Chase...

• Candidates withdraw Afghan vote boycott
• DEVELOPING STORY - Afghan election in doubt after candidates boycott

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Monday, October 11.

Today is Columbus Day in the United States, a federal holiday. Federal and state courts are closed in observance.

The US Senate will convene at 10 AM ET and will resume consideration of the conference report to the JOBS bill (HR 4520) [text]. Following its Saturday session, the US House stands adjourned until after the November election.

Ohio State University's Moritz College of Law will host a lecture on False Campaign Ads: Pros and Cons of Regulation, featuring UNC Kenan Professor of Law William Marshall. Moritz professors Edward Foley and David Goldberger will also speak. Watch a live webcast.

At the United Nations, the UN General Assembly will meet at 10 AM ET and will hear the annual report of the Security Council, which will address the question of equitable representation on and possible increase in the membership of the Council. The report will continue into the Assembly's 3 PM ET session. Watch a live webcast of both sessions.... The Security Council will hold 11 AM ET closed consultations on Cyprus and a letter from the Permanent Mission of Papua New Guinea to the UN.

In Denmark, the trial of former Defense Intelligence Service officer Frank Grevil begins. Grevil is charged with breaching Denmark's official information act by leaking classified reports about Iraq to a Danish daily. BBC News has background.

AP is reporting that according to his lawyer, the plane carrying Yaser Esam Hamdi has arrived in Saudi Arabia. A US citizen captured by American forces in Afghanistan, designated an "enemy combatant", held without charge by the Defense Department for over two years, and finally the subject of a lawsuit that went all the way to the US Supreme Court, Hamdi was freed to go to Saudi Arabia under a deal reached last month [settlement agreement]. Hamdi also holds Saudi citizenship, but his transit there was delayed while US and Saudi officials negotiated over how US conditions on his mobility would be enforced.

UPDATE: An AP story on Hamdi's release and deportation is now available here. A timeline of the litigation in his case is available here from the US District Court for the Eastern District of Virginia, which notes that "litigation involving Yaser Hamdi has included three separate cases, five decisions by the US. Court of Appeals for the Fourth Circuit, and a ruling by the US Supreme Court." Previous reports on Hamdi in JURIST's Paper Chase are available here.

UPDATE-2: A US Statement Department press statement on Hamdi's release is online here.