On November 24, 2005, the Supreme Court of Canada handed down its decision in the case of Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage).(1) In the decision, the Supreme Court confirmed that, while governments have the power under treaties to authorize land uses which infringe on treaty rights, the exercise of that power imposes on governments a duty to consult where the taking up of land adversely affects those rights ...
The Scottish Parliament has set out a concrete timetable for business rates to be cut in Scotland to the level of those in England by April 2007 in a bid to boost competitiveness. Finance Minister, Tom McCabe, confirmed the timetable for this equalisation in a statement to the Scottish Parliament on 6 October 2005, outlining plans to stagger its implementation. It is proposed the reduction occurs over a two-year period ...
British industry is undergoing a period of unprecedented regulatory reform as part of a government drive to reduce the costs and burdens on business. Over the next year, it will become clearer how effective this reform will be. Following independent recommendations from the Hampton Review and the Better Regulation Task Force (BRTF), Chancellor Gordon Brown launched the Better Regulation Action Plan in May 2005 with the aim of boosting flexibility and enterprise ...
Consultation Paper on Conditional Fees On 14 September 2005, the Law Reform Commission of Hong Kong Conditional Fees Sub-Committee (the “Sub-Committee”) published a consultation paper on conditional fees (the “Consultation Paper”) recommending, among other things, that the existing prohibitions against the use of conditional fees in certain types of civil litigation by legal practitioners be lifted, so that legal practitioners may choose to charge conditional fees in appropriate cases ...
The telecommunications sector is nowadays one of those sectors in which its regulation assumes a larger presence and visibility at a national level, as well as at European and international levels. In fact, rare is the week – if not the day – when agents of the sector are not confronted with the adoption, by the different regulatory authorities of the sector, of decisions that have a significant impact for the activity undertaken by telecommunications operators and for market conditions ...
The Standing Committee of the National People’s Congress passed Amendment (5) to the Criminal Law of the People's Republic of China (the "Amendment") on 28 February 2005. The Amendment was promulgated by President Hu Jintao and became effective on the same date. The Amendment introduces detailed penal provisions on credit card abuse and fraud and on damaging military equipment. We discuss the new sections regarding credit card abuse and fraud below ...
After a prolonged period of development, the announcement in August of the Board of Directors for Scotland's Futures Forum has finally seen this body come to fruition. The development of the Forum has included a substantial period of investigating overseas models, canvassing MSPs and running a conference involving 140 representatives from a number of sectors ...
China presents enormous opportunities for the wealth management industry, as the domestic financial market and players develop increasing sophistication. The financial regulators in China are pushing ahead with financial market reforms and regulations, across the equity and bond markets, over banks, insurance companies, securities companies, securities investment fund management companies, trust investment companies and other financial institutions ...
Central Portal for Public Procurement has been recently launched at www.cvpp.lt. The portal publishes information on the public procurement conducted in Lithuania; the main purpose of the portal is to materialize the electronic procurement methods currently lawful under the Law on Public Procurement of the Republic of Lithuania. The main novelty introduced is the possibility to conduct electronic procurement under the normal commercial practice ...
It is just six months on from the introduction of the freedom of information regime, and there is already a wealth of advice and guidance available to public bodies on FOI. Private businesses however, are not as lucky. This article helps redress this imbalance ...
Proposal for Regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay-visas This regulation will enter into force from on the twentieth day following that of its publication in the Official Journal of the European Union. Official Journal of the European Union, C 052 of 2 March 2005 ...
The judgment of the European Court of Justice in Denuit and Cordenier (C-125/04) of 27 January 2005 The case developed out of a dispute between tourists and a travel agency regarding the price of tourist package services. Under the arbitration clause of the initial agreement between the parties, the tourists brought their claims before a Belgian arbitration court ...
What's your Freedom of Information forecast? Reasonably sunny, distinctly rainy or altogether a bit hazy? Whatever your response, it is possible to brighten your outlook and weather those FOI storms. If you’re an in-house lawyer in a public body in Scotland you'll no doubt be more than familiar with the Freedom of Information (Scotland) Act 2002. Five months on from the Act's full implementation date of 1 January 2005, it's time to take stock of your public body's progress so far ...
What is State Aid? The State aid rules seek to control the aid or assistance which is provided by EU Member States to businesses. Article 87 of the EC Treaty states that “any aid granted by a Member State or through State resources in any form whatsoever” is incompatible with the common market. The Commission and the European Court of Justice have a considerable discretion in determining what amounts to State aid and have given the term a wide definition ...
The Federal Civil Liability Law was published in the Federal Official Gazette on December 31, 2004 and entered into full force and effect in January 1, 2005. This law has as its objective that of determining the bases and proceedings for recognizing the right to claim indemnification by those suffering loss or damage as a consequence of improper actions of the executive, legislative, and judicial branches of the federal government and its agencies ...
Revised Guideline on the Sharing and Use of Consumer Credit Data through a Credit Reference Agency On 18th January 2005, the Hong Kong Monetary Authority (“HKMA”) issued a revised statutory guideline, namely the Supervisory Policy Manual on the Sharing and Use of Consumer Credit Data through a Credit Reference Agency (IC-6) (“CRA Guideline”) ...
Out of general interest, we are forwarding the following Informative Note with respect to the first oral trial in Mexico, something that took place in the Municipality of Montemorelos, State of Nuevo Leon, in February 2005. Oral trials have been possible since November 25 of last year when the law of Nuevo Leon changed to allow this in non-serious culpable felonies. The trial was an example of judicial speed. Within a period of five hours, from 10:00 a.m. to 3:00 p.m ...
From Land’s End to John O’Groats, roving reporters, tabloid writers and broadsheet columnists, have been riding on the wave of the new freedom of information acts. As a result of the Freedom of Information (Scotland) Act 2002, and its UK counterpart, the Freedom of Information Act 2000, the public now has a statutory right to recorded information held by most public sector bodies. Although the new right only came into force on 1 January 2005, its effect is retrospective ...
In Denmark, Norway and Sweden, the ownership and rights to intellectual property conceived and put into to practice by researchers employed by the universities have historically rested with the researchers themselves. This system is now rapidly changing to a model more similar to the way in which US universities handle their intellectual property; universities become responsible for stakeholders in such intellectual property ...
Immigration
Bureau of Citizenship and Immigration Services (“BCIS”): * BCIS has announced the availability of electronic filing (e-filing) for two types of applications: Form I-90, Application to Replace Permanent Resident Card, and Form I-765, Application for Employment Authorization Document. Although many applicants will be eligible to take advantage of the e-filing system, some applicants will still need to make paper filings. Additional e-filing information may be obtained at www.bcis.gov ...
On April 9, 2003, the Securities and Exchange Commission (the “SEC”) issued a new rule directing the national securities exchanges and national securities associations to prohibit the listing of any security of a company that is not in compliance with the audit committee requirements mandated by the Sarbanes-Oxley Act of 2002. The new rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of 1934 (the “Exchange Act”) by adding new Exchange Act Rule 10A-3 ...
Department of Homeland Security/Bureau of Citizenship and Immigration Service: * BCIS announced plans to implement electronic filing (e-filing) as an option for two of the most commonly submitted immigration applications, the Application to Renew or Replace a “green card” and the Application for Employment Authorization. BCIS plans to launch e-filing for these applications in May 2003 and to further expand e-filing to other applications and petitions in fall 2003 ...
Department of Homeland Security/Bureau of Citizenship and Immigration Service: * Immigration benefits previously provided by the Department of Justice’s Immigration and Naturalization Service (INS) are now the responsibility of the Department of Homeland Security’s Bureau of Citizenship and Immigration Service (BCIS). All familiar customer services are to remain in place ...
