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Summer 2003.Book NEW YORK INTERNATIONAL LAW REVIEW Summer 2003 Vol. 16, No. 2 Articles Brazil and the MST: Land Reform and Human Rights Kevin E. Colby..........................................................................................1 Was the Supreme Court Right? A Closer Look at the True Nature of Removal Proceedings in the 21st Century Michelle Rae Pinzon...............................................................................29 The Other Side of the Coin: A Look at Islamic Law as Compared to Anglo-Amercican Law—Do Muslim Women Really Have Fewer Rights Than American Women? Kathleen A. Portuán Miller....................................................................65 Trademarks Under the North American Free Trade Agreement (NAFTA) With References to the New Trademark Law of Spain, Effective July 31, 2002, and the Current Mexican Law Roberto Rosas.......................................................................................147 Recent Decisions Europe Movieco Partners Limited v. United Pan-Europe Com. N.V...191 Expedited appeal in bankruptcy denied on issue of extraterritoriality. Wimmer Canada, Inc. v. Abele Tractor & Equipment Co., Inc. ..........197 Canadian court may have jurisdiction, even if no basis under New York Uniform Foreign Country Money- Judgments Recognition Act. Nedagro B.V. v. Zao Konversbank........................................................203 Motion to defer granted because of international comity, and to avoid an inconsistent result. Newbridge Acquisition v. Grupo Corvi ................................................211 Court grants motion to compel arbitration and to enjoin proceedings in Mexico. VictoriaTea.com, Inc. v. Cott Beverages Canada.................................217 Suit in S.D.N.Y. dismissed based on forum non conveniens. Karaha Bodas Co., L.L.C. v. Perusahaan Pertambangan etc. ............223 Limited liability company could attach funds owned by instrumentality of foreign state, but could not attach money owned by foreign state. NEW YORK STATE BAR ASSOCIATION INTERNATIONAL LAW & PRACTICE SECTION Published with the assistance of St. John’s University School of Law Summer 2003] Brazilian Land Reform and Human Rights 1 Brazil and the MST: Land Reform and Human Rights Kevin E. Colby* I. Introduction On August 16, 1999, the largest trial in Brazilian history began in the state of Pará.1 One- hundred-fifty policemen were brought to trial on charges of murdering 19 land reform activists and wounding over 40 people during a peaceful demonstration.2 The massacre was character- ized by authorities in Brazil as a “failed attempt of crowd control gone horribly wrong.”3 1. See Almanaque Abril Online (stating how Brazil is divided into 26 states and the District Capital (Brasilia), avail- able at http://uol.com.br/almanaque (last visited on Apr. 7, 2002). The states are divided into five regions: South, Southeast, Northeast, Center-West and North. Pará is in the North region. It is the second-largest state in Brazil. It is the third-largest producer of Brazil-nuts, and its soil is rich in bauxite, copper, caulim, manganese and gold. It is also the second-largest producer of iron. While tourism is growing, it is one of the states in Brazil with the worst deforestation ratio. Dominated by large rural estates, it has one of the worst problems of land disputes. While properties with over 1,000 hectares correspond to 1.1% of all property in the state, they cover half of its area), id.; see also Police Crimes, ECONOMIST, Aug. 21, 1999 (stating that the trial is the biggest criminal trial in Brazil’s history); John L. Hammond, But Lives on in Brazil, NACLA REPORT ON THE AMERICAS, Nov. 1, 1999, at 1 (describing the trial as the “biggest trial ever in Brazil”). 2. See Brazil: No One Responsible for Anything? Massacre Trial Acquits Commanding Officers, AMNESTY INT’L, Aug. 19, 1999 (stating that 150 policemen faced charges for killing 19 land reform activists in 1996), available at http://www.amnesty.org, AI Index: AMR 19/22/99; see also Police Crimes, supra note 1 (stating that 150 police- men were accused of murdering 19 protesters); Roger W. Findley, Legal and Economic Incentives for the Sustain- able Use of Rainforests, 32 TEX. INT’L L.J. 17, 23 (describing the events that led to the deaths of 19 land reform protesters and the wounding of 40 by local police). 3. Meriam-Webster’s dictionary defines massacre as “the act or an instance of killing a number of helpless or unre- sisting human beings under circumstances of atrocity or cruelty.” See Webster’s Ninth New Collegiate Dictionary 731 (1989). Brazil has become infamous for its share of massacres. The most recent and notorious ones have been: the Candelária massacre (killing of street children by the police in Rio de Janeiro), the Vigário Geral mas- sacre (killing of 21 residents of a shantytown by the police in Rio) and the Carandiru massacre (killing of over 111 prisoners in São Paulo); see Candelária and Vigário Geral Justice at a Snail's Pace, AMNESTY INT’L, Jan. 06, 1997 (describing the events which took place at Candelaria and Vigário Geral and describing them as massacres), available at http://www.amnesty.org, AI-Index: AMR 19/011/1997; see also Brazil: Carandiru Massacre—Brazil- ian Criminal Justice System in the Dock, AMNESTY INT’L, June 18, 2001 (detailing the events of the Carandiru massacre and noting that this event has become commonly known as the Eldorado do Carajás massacre), avail- able at http://www.amnesty.org, AI Index AMR 19/019/2000. * The author is a native of Brazil and a graduate of Fordham University Law School (J.D., 2003). 2 New York International Law Review [Vol. 16 No. 2 Autopsies revealed that some of the demonstrators were shot execution-style while others were hacked with their own farm tools.4 Several of the men killed were leaders of the Landless Rural Workers Movement (Movimento dos Trabalhadores Sem Terra—MST).5 Founded in 1984, the MST was formed during the First Meeting of Landless Rural Work- ers6 after several years of peaceful occupation during the final years of the military regime.7 What was first a means of calling attention to the plight of landless peasants8 became the very instrument9 by which this new group was to be created, becoming “one of the most important 4. See Brazil: No One Responsible for Anything?, supra note 2 (stating that autopsies revealed that some victims had been killed by execution-style shootings and some hacked to death with their own farm tools); see also Larry Rohter, Acquittals in Massacre Arouse Brazil, N.Y. TIMES, Oct. 29, 1999 (Late Edition), at A17 (describing how autopsies showed most victims died after taken into custody by being shot at close range or by being hacked with their own tools); Diana J. Schemo, The Dispossessed, N.Y. TIMES, Apr. 20, 1997 (Late Edition), Sec. 6, at 1 (stat- ing that autopsies showed many victims were killed by a single bullet in the head or neck and others had been hacked to death with their tools). 5. See Michael Serrill, Of Land And Death: A Shocking Encounter Between Police and Squatters Forces the Pace of Land Reform in Brazil, TIME INT’L, May 6, 1996, Vol. 147, No. 19 (describing how as many as ten leaders were alleged to have been shot after the demonstration dispersed. In one case, eyewitnesses declared that “Oziel Alves Pereira was beaten [by the police] until he lost consciousness, handcuffed, then finished off with three shots”); see also Brazil: No One Responsible for Anything?, supra note 2 (stating that some of the casualties were known leaders of the MST). See generally Jury Clears Police Commanders Over Massacre of Landless Farmers, DEUTSCHE PRESSE- AGENTUR, Aug. 19, 1999, International News (stating that thousands of MST sympathizers demonstrated after the verdict was announced in the case). 6. See História do MST (noting how the meeting took place in Cascavel, in the state of Paraná in the southern region of Brazil), available at http://www.mst.org.br/historico/historia1.html (last visited Apr. 07, 2002); see also Alex Bellos, Making a Life from the Ground Up; Brazil’s Rural Workers Movement Says its Occupation Tactics Have Won Land and Dignity for Up To 400,000 Families, GUARDIAN (London), May 20, 1999, Foreign Page at 18 (claiming that the MST was founded in 1982 as the result of land rights campaigning); Sylvia Carter, For Authors, This ‘Planet’ Is a Whole New World, NEWSDAY, Feb. 6, 2002, at B19 (stating that the Landless Workers Movement was established in the mid-1980s). 7. See História do MST, supra note 6 (noting that the first occupation began on September 7, 1979 at Macali, Ronda Alta in the State of Rio Grande do Sul—the southernmost state in Brazil); see also Carter, supra note 6, at B19 (stating that the Landless Workers Movement was established at the end of the military dictatorship). See generally Bellos, supra note 6, Foreign Page at 18 (describing how the poor peacefully squatted in shacks on unproductive land in Novo Sarandi until the government gave them land rights three years later). 8. See Michael Lowy, The Socio-Religious Origins of Brazil’s Landless Rural Workers Movement; MONTHLY REVIEW PRESS, Vol. 53, Issue 2, June 1, 2001 (describing how the first occupations or settlements were organized by the Pastoral Land Commission (CPT), a vast network of members of the clergy, priests, bishops, theologians, lay- men, sociologists and lay workers, especially rural); see also Kintto Lucas, And the Meek Shall Occupy the Earth, UNESCO COURIER, Jan. 1, 2001, at 24 (stating that when founded in the 1980s, the Landless Workers’ Move- ment fought for agrarian rights and land redistribution through peaceful occupation of underused land belong- ing to large landowners). See generally Zander Navarro, Breaking New Ground, Brazil’s MST, NACLA REPORT ON THE AMERICAS, Mar. 1, 2000, No. 5, Vol. 33, at 36 (describing the context in which the landless movement was born and that the early MST chose to dialogue with its principal adversaries to bring attention to their plight).
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