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Global Legal Monitor (GLM)
The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from the Global Legal Information Network, official national legal publications, and reliable press sources. You can search previous news by searching the archive.
For questions about articles or copies of materials in the Law Library’s collections, contact us at glm@loc.gov.
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European Union: International Law - Sweden Ratifies Lisbon Treaty
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(Nov. 26, 2008) On November 21, 2008, the European Union came closer to its ultimate goal of ratification of the Lisbon Treaty – whose purpose is to restructure EU institutions to accommodate an enlarged union of 27 members – through the vote in favor of ratification by the Swedish Parliament. Two hundred members voted for the measure, 39 against, and 67 abstained.
The Lisbon ratification process is still behind schedule, however; it was originally expected that the treaty would be ready for entry into effect at the beginning of 2009. Thus far, it has been ratified by 24 EU members, with the exception of Ireland, which rejected the treaty through a referendum held in June 2008; Poland; and the Czech Republic, whose ratification is still pending. Ireland is working towards proposing a plan to resolve the current stalemate at the next summit of EU leaders, perhaps by holding another referendum on the issue. (Sweden Ratifies EU Lisbon Treaty, BBC NEWS, Nov. 21, 2008, available at http://news.bbc.co.uk/2/hi/europe/7741229.stm.)
- Author: Theresa Papademetriou
- Topic: International Law
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- Jurisdiction: European Union
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Thailand: Securities Markets - New Reporting Requirements for Mutual Funds
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(Nov. 26, 2008) It was reported on October 30, 2008, that mutual fund companies in Thailand, with the exception of property funds, must now disclose their portfolio holdings on a monthly basis, rather than every six months. More specifically, companies must make public, within 15 days after the end of the month, the portfolio's top five industries and top five stocks. The Thai Stock Exchange Commission stated that the new ruling is aimed at providing current updated information to those investors "who may be deciding to invest in mutual funds at a time of high volatility." (More Information from Mutual Funds, THE NATION, Oct. 30, 2008, available at http://www.nationmultimedia.com/2008/10/30/business/business_30087206.php; Mutual Funds, THAI LAW FORUM, Oct. 31, 2008, available at http://www.thailawforum.com/news/2008/news-Oct4-08.html.)
- Author: Wendy Zeldin
- Topic: Securities Markets
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- Jurisdiction: Thailand
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Malawi: Freedom of the Press - Radio Station Shut Down
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(Nov. 26, 2008) According to a press release from the Media Institute of Southern Africa, headquartered in Windhoek, Namibia, on November 20, 2008, the Malawi Communications Regulatory Authority (MACRA) closed down a radio station for the second time. Joy Radio was ordered to stop broadcasting for failing to comply with provisions of Malawi's Communications Act. The station was originally shut down in October 2008, but it obtained an injunction against MACRA which allowed it to resume activities. The recent action followed a November 19, 2008, decision of the High Court in Blantyre, Malawi's largest city, lifting the injunction against MACRA. The ruling in favor of lifting the injunction was handed down by High Court Judge Joseph Manyungwa and permits MACRA to implement its decision to close Joy Radio. The head of news operations at the station, Lloyd Zawanda, said that the station has referred the issue to its lawyers and might appeal the recent decision.
The recent series of events follows disputes in 2007 between MACRA and Joy Radio, including a successful effort by the station to have the High Court of Malawi nullify the composition of MACRA at the time as illegal and not in accord with provisions of the same Communications Act. For its part, MACRA uprooted television equipment for a planned Joy Television station on the grounds that the broadcaster's license did not permit it to have both a TV and a radio station. (Press Release, Media Institute of Southern Africa, Radio Station Shut Down for a Second Time (Nov. 21, 2003), available at http://allafrica.com/stories/200811240724.html.)
- Author: Constance Johnson
- Topic: Freedom of the Press
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- Jurisdiction: Malawi
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South Korea: Freedom of Speech - Government Values Diplomacy over Freedom of Speech Regarding Propaganda to the North
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(Nov. 26, 2008) South Korean civic groups, such as the Fighters for Free North Korea and the Family Assembly Abducted to North Korea [sic], are reportedly sending about ten million copies of leaflets to North Korea in balloons every year. The leaflets contain messages stating, for example, that Kim Jong-il has suffered a stroke or that Kim was feasting while three million North Koreans starved to death. Since October 2, 2008, when it first complained about the leafleting at an inter-Korean military meeting, North Korea has demanded that the South Korean government stop the civic groups' activities, warning that failure to do so would hurt inter-Korean economic cooperation.
The South Korean government has requested the activists not to send leaflets to North Korea, although the government had no clear legal basis for that request; thus far the groups have not complied with the request. The government is therefore seeking legal grounds to stop activists from sending the propaganda leaflets to North Korea. For example, the relevant government authorities examined the High Pressure Gas Safety Control Act (Act. No. 3703, Dec. 31, 1983, as amended), under whose provisions the government can revoke permission to use high-pressure gas when it is feared its use might cause damage. Legal experts, however, have pointed out that the Act would not be applicable to the North Korea-bound balloons, because they are unlikely to cause damage. (Stop Propaganda Leaflets or Else, N. Korea Warns, CHOSUNILBO, Oct. 28, 2008, available at http://english.chosun.com/w21data/html/news/200810/200810280016.html; Seoul Seeking to Halt Propaganda Leaflets to N. Korea, CHOSUNILBO, Nov.18, 2008, available at http://english.chosun.com/w21data/html/news/200811/200811180001.html; High Pressure Gas Safety Control Act [summary of 2002 amendment], 15057 KWANBO [official gazette] 50-54 (Mar. 25, 2002), available at http://content.glin.gov/summary/83468.)
- Author: Sayuri Umeda
- Topic: Freedom of Speech
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- Jurisdiction: South Korea
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Nigeria: Criminal Law - Act Outlawing Use of Electronic Devices to Commit Financial Crimes
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(Nov. 26, 2008) It was reported on October 30, 2008, that the Nigerian Senate is working on a Bill for an Act to Provide for Prohibition of Electronic Fraud in All Electronic Transactions in Nigeria and for Other Related Matters, to outlaw the use of electronic devices to commit financial crimes. The bill prohibits:
1) unauthorized access to a computer or other device or access exceeding what was authorized;
2) use of a counterfeit access device;
3) use of unauthorized access devices;
4) possession of any device designed to manipulate credit or ATM cards;
5) damaging of a government computer with the intent to defraud;
6) accessing a computer and/or electronic device to commit espionage; and
7) trafficking in passwords for public, private, and/or financial institutions' computers or relevant electronic devices.
The bill imposes up to seven years of imprisonment for fist-time offenders and up to 14 years of imprisonment for recidivists. The current Nigerian Criminal Code Act is silent on the offense and so this bill is expected to fill the void. (Senate Considers Bill Against Cyber Crime, THIS DAY, Oct. 30, 2008, available at http://allafrica.com/stories/200810300861.html.)
- Author: Hanibal Goitom
- Topic: Criminal Law
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- Jurisdiction: Nigeria
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