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Legal news from Monday, July 16, 2012 |
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New Zealand to ban legal substances unless proven clinically safe
Sung Un Kim on July 16, 2012 4:31 PM ET

[JURIST] New Zealand Associate Health Minister Peter Dunne [official website] on Monday announced [press release] a plan to ban the use of drugs providing legal highs unless manufactures of such drugs can prove that they are clinically safe. The scientific evidence required for approval is expected to be similar to requirements needed for new medicines, including toxicology data and results of human clinical trials. According to Dunne even if the drugs pass the initial requirements, the products will be facing retail restrictions further limiting potential harm. The new legislation is expected to be introduced in Parliament [official website] later this year, then put into effect by August 13 next year. Until then Temporary Class Drug Notices will be in place to prevent banned drugs from reentering the market. The country's Ministry of Health [official website] had previously reported [official statement] that the current legislation has been ineffective in keeping pace with the rapid growth in psychoactive substances. Also the Cabinet [official website] has reportedly agreed to the new legislation.
Psychotropic substances have been an issue worldwide. The UN Convention on Psychotropic Substances [materials] was signed [JURIST news archive] in Vienna, Austria on February 21, 1971. The Convention was intended to regulate psychotropic substances extending the 1961 UN Single Convention on Narcotic Drugs [materials] regulating cannabis-, cocoa- and opium-based drugs. In 1981 the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances [materials] was passed to deal with international drug manufacture, possession and distribution, primarily in organized crime. The Convention include 175 nations that have their own laws implementing the Convention within their own boundaries, such as the US Psychotropic Substances Act, the UK Misuse of Drugs Act and the Canadian Controlled Substances Act [texts].


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Tokyo protestors demonstrate against Japan nuclear power industry
Dan Taglioli on July 16, 2012 4:04 PM ET

[JURIST] Tens of thousands of protestors rallied in Tokyo on Monday as Japan moves to restart the country's nuclear reactors that were shut down following the Fukushima Daiichi nuclear disaster [IAEA backgrounder] last year. The peaceful antinuclear demonstration in Yoyogi park took place on Japan's national holiday, highlighting the nation's ongoing debate regarding nuclear power. Several such rallies have occurred since the unilateral decision last month by Japanese Prime Minister Yoshihiko Noda [BBC profile] to restart Japan's nuclear reactors. There have been weekly protests in front of the prime minister's office [NYT report], where organizers have cordoned off family-only zones to urge parents with children to participate. Earlier this month a Japanese expert panel issued a report claiming that the Fukushima disaster was preventable [JURIST report], arguing negligence rather than natural disaster was the main issue that led to the catastrophe. Before the Fukushima disaster nuclear power accounted for almost one-third of Japan's power supply.
In June more than 1,300 people filed a criminal complaint [JURIST report] against TEPCO for the March 2011 crisis and for the plaintiffs' resulting radiation. The complaint named as defendants Tsunehisa Katsumata, the chairman of TEPCO, Masataka Shimizu, the former president of the company, and Haruki Madarame [Washington Times profiles], the chief of the Nuclear Safety Commission, along with 30 other executives. In March the executives of the company faced another complaint filed [JURIST report] by a group of shareholders in the amount of USD $67 billion for similar claims. They claimed that the company failed to prevent the March 2011 disaster by ignoring warning signs and failing to take appropriate measure to mitigate damages in the event of an earthquake and ensuing tsunami. The meltdown is considered one of the biggest man-made environmental disasters of all time and the largest nuclear accident since Chernobyl in 1986. Japan has been criticized for its handling of the crisis, and international reception to nuclear energy has fallen sharply since the incident. In April 2011 Tamar Cerafici of the Cerafici Law Firm discussed how the Fukushima disaster should guide US policy [JURIST op-ed]. Last August Japanese lawmakers voted to create a fund to compensate victims [JURIST report].


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US Jewish leaders request Israel reject report on West Bank occupancy
Dan Taglioli on July 16, 2012 2:32 PM ET

[JURIST] More than 40 prominent American Jewish leaders and scholars sent an appeal letter [AP report] to Israeli Prime Minister Benjamin Netanyahu [official website], it was reported Monday, urging Netanyahu to reject a recent report advocating legitimizing Israeli settlements in the West Bank [JURIST news archive]. The letter's signatories predicted that Israel's international image would be damaged by endorsing the report, which was written by a government-commissioned panel [JURIST report] that included former Supreme Court Justice Edmond Levy. The report argues that the West Bank is not occupied territory, and so recommends that the state legalize dozens of unsanctioned settlements and outposts there by annulling orders of the Supreme Court of Israel [official website, in Hebrew] and other legal rulings. The Palestinians, 2.5 million of whom live in the West Bank, claim the West Bank for a future state and have refused to continue peace negotiations with Israel until settlement construction is frozen. Israel captured the West Bank from Jordan in the 1967 Mideast war and claims that it has a legal right to settle the territory because it is not legally occupied. In contrast the Palestinians and most of the international community argue that the West Bank was controlled by Jordan at the time of its capture, making it occupied territory that does not belong to Israel. There are currently over 200 settlements and outposts in the West Bank, home to more than 500,000 Israeli settlers.
Last week the Israeli Supreme Court postponed the demolition of illegal West Bank settlements [JURIST report], with 30 apartments having had been scheduled for demolition on July 1. West Bank settlements have caused tension between Israel and Palestinian authorities, as well as criticism by international groups, despite the Israeli parliament's vote [JURIST report] against legalizing the unauthorized settlement last month. Also last month the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories Richard Falk demanded [JURIST report] Israel cease its demolition [press release] of Palestinian buildings in the West Bank settlements after finding that the demolition of Palestinian structures such as houses, animal shelters, water cisterns and roads have risen by 87 percent from last year. Israel responded to international investigations into these settlements by announcing [JURIST report] in March that it will sever ties to the UN Human Rights Council. The announcement came after the UN body initiated its investigation to determine the effect that Israeli settlements have had on the civil, political, economic and cultural rights of the Palestinian people. Even in March 2010, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] in a press conference Israeli settlement construction in the West Bank "illegal."


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South Africa minister elected first female leader of African Union
Sung Un Kim on July 16, 2012 1:09 PM ET

[JURIST] South African politician Nkosazana Dlamini-Zuma on Monday was elected the first female leader of the African Union (AU) [official website; JURIST news archive]. Dlamini-Zuma, 63, is the South African Minister of Home Affairs. She was voted into office [AP report] on Sunday evening after she successfully challenged the incumbent candidate, Jean Ping of Gabon, who held the office since 2008. Ping had the backing of French-speaking African nations, while Dlamini-Zuma had the backing of English-speaking nations. The election was praised by numerous organizations including the African National Congress [party website] party. During the Sunday vote Dlamini-Zuma was able to secure 37 out of 54 votes to win the required two-thirds majority. She is also the first South African to hold the post.
Last week AU announced [JURIST report] that it will vote on whether to establish a continental criminal court to try human rights crimes. The African Court on Human and People's Rights (ACHPR) currently does not have jurisdiction to try criminals and asked the AU to pass a resolution granting it the authority to sentence human rights criminals. Last year, African Union Commission (AUC) [official website] Chairperson Jean Ping had accused [JURIST report] former Chief Prosecutor of the International Criminal Court [official website], Luis Moreno-Ocampo [official profile], of targeting African citizens for prosecution. The accusation came amid a vote by Africa's foreign ministers, who supported Kenya's bid to defer the trials of numerous suspects who allegedly planned the 2007 post-election violence [Reuters backgrounder]. In 2010 the Kenyan Parliament approved a motion to withdraw the country from the ICC [JURIST report]. The vote came a week after Ocampo presented [JURIST report] cases against six individuals believed to be responsible for the 2007 post-election violence that resulted in more than 1,000 deaths in the country.


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