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Legal news from Saturday, December 19, 2009




No legally binding agreement on climate change reached at UN summit
Ann Riley on December 19, 2009 12:22 PM ET

[JURIST] While no legally binding agreement was reached at the conclusion of the UN Climate Change Conference (COP15) [official website] in Copenhagen, Denmark, 192 UN member countries agreed Saturday to “take note” [press release] of a non-binding Copenhagen Accord [text, PDF] developed by leaders of the United States, China, India, Brazil, and South Africa aspiring to limit the global temperature rise to below 2 degrees Celsius and establishing a Copenhagen Green Climate Fund to assist poor nations in reducing the effects of climate change [JURIST news archive]. The Accord also establishes Annexes where countries will pledge, but not be legally bound, to national targets for emission reductions by 2020. UN Secretary-General Ban-Ki Moon [official website] emphasized [text] the importance of turning the agreement into a legally binding treaty. Ban said:

The Copenhagen Accord may not be everything that everyone hoped for. But this decision of the Conference of Parties is a new beginning, an essential beginning…We have the foundation for the first truly global agreement that will limit and reduce greenhouse gas emission, support adaptation for the most vulnerable, and launch a new era of green growth.
The COP15 conference was originally designed to produce a global climate change treaty to replace the Kyoto Protocol [text, PDF; JURIST news archive], which expires in 2012. Earlier this month, Ban announced [JURIST report] that a legally binding treaty should be ready in 2010. Before the opening of the COP15, however, Ban, US President Barack Obama and Director of the UN secretary-general's Climate Change Support Team Janos Pasztor [JURIST reports] expressed doubt that a legally-binding agreement could be reached during the conference. Negotiations on the new climate change treaty began [JURIST report] last year in Bangkok. In October, a UN official working on preparations for COP15 said US hesitancy to pass a climate bill could doom the conference [JURIST report]. The US never signed the Kyoto Protocol, but in March this year, the US Special Envoy on Climate Change announced [JURIST report] that the US under the Obama administration is committed [video] to the creation of an international treaty designed to combat global warming, although he added that such efforts will only succeed if they are economically feasible.





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Second Circuit rules for government in post-9/11 detention case
Jonathan Cohen on December 19, 2009 10:02 AM ET

[JURIST] The US Court of Appeals for the Second Circuit [official website] ruled [decision; PDF] Friday that post-arrest detention is legal in cases where the detainees are reasonably detained. The case, Turkmen v. Ashcroft [CCR backgrounder], challenged the alleged racial profiling, arbitrary detention and abuse of Muslim, Arab, and South Asian men swept up after 9/11. This most recent ruling affirms that immigration law can be used as a pretext for detention, and that there is "no authority clearly establishing an equal protection right to be free of selective enforcement of the immigration laws based on national origin, race, or religion at the time of plaintiffs’ detentions." The Second Circuit did not dismiss claims of abuse against upper level officials, and the Center for Constitutional Rights (CCR) [advocacy website] said in a press release that

we are still seeking justice. This ruling allows us the possibility of moving forward against high-level officials, and we will. This is an important case: immigration law cannot be used as a short-cut around the Fourth Amendment.
Even though the government admitted to no wrongdoing, it settled with five of the plaintiffs [JURIST report] for $1.26 million last month. In 2007, a district court judge granted the government's motion to dismiss [text, PDF] a number of the claims, but refused to dismiss the abuse claims. Also in 2007, the government criminally charged [JURIST report] several guards at the Metropolitan Detention Center in Brooklyn official website], the location in which men were detained, with abusing prisoners.





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