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World Law Bulletin, February 2001

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World Law Bulletin, February 2001 WLB 2001.02, February 2001 Indian rights The LAW Intellectual property law Internet security regulation Islamic edicts LIBRARY of Judicial independence Lifelong learning Marriage law CONGRESS Nuclear power plant Press freedom Privacy Wrongful birth case Updates: WORLD • World Trade Organization LAW • European Union Developments BULLETIN FOREIGN LAW FOCUS: Germany: Constitutional Court Rules on the Recognition of Jehovah’s Administration of medicines Witnesses Auditors China/Vietnam joint statement Embryo research People’s Republic of China: Farmers’ associations Extradition Law Firearms trading Foreign investment Income tax 2 WLB, No. 2001.02 –Lifelong learning law –Tax law amended The WORLD LAW EUROPE BULLETIN: a monthly France–Embryo research awareness service prepared by the Staff –“Wrongful birth” case of the Law Library of Congress. The Netherlands–Action against illegal trading in Editors: Constance Axinn Johnson and firearms Wendy I. Zeldin. For more information --Cameras and Privacy or research tailored to your needs, call: Slovakia–Auditors the Directorate of Legal Research, Ukraine–Hearings on press freedom at 7-4351 or fax: 7-1820. The Bulletin and information on Law SOUTH PACIFC Library services for Congress can be Australia–Judicial Independence found online: http://lcweb.loc.gov/law/congress. LAW AND ORGANIZATIONS– INTERNATIONAL AND REGIONAL GLIN: The Global Legal Information China/Vietnam–Cooperation statement Network, a primary source of authentic legal information serving congressional research needs, is accessed through the Internet at: http://www.loc.gov/glin. Law Librarian of Congress and GLIN Director General: PLUS: Law Library product listings Rubens Medina, tel.: 7-5065. Features: ! World Trade Organization–update ! European Union Developments--update Table of Contents AMERICAS Colombia–Guidelines for foreign investment Foreign Law Focus: Mexico–Indian rights bill Germany: Constitutional Court Rules on the ASIA Recognition of the Jehovah’s Witnesses Bangladesh–Islamic edicts declared illegal China–Copyright, trademark amendments People’s Republic of China: Extradition Law --Draft admendment on medicines –Internet copyright –Internet security resolution –Marriage law revisions publicly debated Taiwan–Amended farmers’ association law The Law Library of Congress ~ –Justices rule on nuclear plant serving the U.S. Congress since 1832 AMERICAS commissions, amortization of loans, royalties, payments for technical services, and capital COLOMBIA–Guidelines for Foreign Investment reimbursements. Colombian investors may export machinery, equipment, money drafts to support a On October 18, 2000, the National Planning company, services, technical assistance, and Department issued a Decree containing general rules technology. Certain obligations and controls are for the investment of foreign capital in Colombia and set forth, including the requirement to register with Colombian capital abroad (Decree No. 2080). A the Bank of the Republic. Financial institutions, guiding principle of the Decree is that foreign investors under the oversight of the Banking may receive neither discriminatory nor more favorable Superintendency, may invest capital in foreign treatment than national investors. (Diario Oficial,Oct. financial and insurance companies with approval of 25, 2000.) the oversight organization and are subject to special rules. According to the Decree, foreign investment includes: direct investment, acquisition of stocks or The Decree calls upon the National Planning bonds in a national firm, acquisition of rights through Department, the ministries of foreign relations, the commercial fiduciary contracts in order to develop a treasury and public credit, and foreign commerce, business, acquisition of property through public or and the Bank of the Republic to work within their private offers, and contributions made by foreign jurisdictions to negotiate and secure treaties to investors through acts or contracts. Investments of protect and promote investments. The Ministry of foreign capital can be made by importing freely Foreign Commerce is assigned the task of convertible foreign currency for national currency or approving guarantees for investments as derived tangible goods like equipment and machinery. from international treaties ratified by Colombia. Technological contributions and transfer of foreign [GLIN] (Sandra Sawicki, 7-9819) patents and trademarks are also allowed. MEXICO–Indian Rights Bill Foreign capital will be permitted in all sectors of the economy, except for activities related to national Federal senators announced on January 11, defense and security and to processing and disposal of 2001, their determination to carefully consider a toxic, hazardous, and radioactive wastes. Special controversial bill that would expand Indian rights. rules apply to foreign investment in the financial, The bill was submitted to the legislature in petroleum, and mining sectors. Investors from abroad December by President Vicente Fox Quesada (see must register with the Bank of the Republic and follow WLB 2001.01). The Senate’s Constitutional Issues procedures set forth in the Decree. The Ministry of Committee met on that date with members of the Foreign Commerce may certify investors from the Indigenous Affairs Committee and decided to countries participating with Colombia in the Cartagena organize working groups to study the legislation Agreement (a trade pact among the Andean nations) as and call upon experts in Indians affairs to national investors. The Decree provides for methods participate. President Fox has made passage of of conflict resolution, control and oversight, and the indigenous rights bill a priority as an incentive penalties, including suspension and liquidation of for bringing Zapatista rebel leaders to the peace investment activities that are unauthorized or that take table. Senators from three leading parties (the place in prohibited sectors. National Action Party, PAN; the Party of the Democratic Revolution, PRD; and the Institutional Investment of Colombian capital abroad is governed Revolutionary Party, PRI) have declared their broadly, and the Decree allows firms or individuals to intention to work on the bill. (The News, Mexico invest, reinvest, or capitalize funds abroad with the City, Jan. 12, 2001, via http://unam.netgate.net/ obligation to return profits generated from interest, novedades/nna31201.htm.) 2 Twenty-four representatives of the Zapatistas are ago in the village of Naogaon in northern expected to arrive in Mexico City on March 6, 2001, Bangladesh. A local Maulana then issued a fatwa to speak with members of Congress about the bill. The to force her to marry her husband’s cousin, Mexican government announced on January 12 that Shahidul. The High Court took up the case on its they will not be permitted to carry weapons when they own when the report of the stated divorce and the visit the capital. Santiago Creel, Secretary of the fatwa was published in a local newspaper. In Interior, insisted, “We are not going to allow that they declaring such fatwas illegal, the court stated, come armed; this must be very clear....We want “Fatwa means legal opinion, which means legal democracy to have value in our country, and what opinion of a lawful person of authority. The legal matters in democracy are arguments, ideas, and system of Bangladesh empowers only courts to dialogue, not weapons.” The Secretary said that the decide all questions relating to legal opinion on rebels may come disguised with hoods and capes, their Muslim and other laws in force. We, therefore, customary dress, and added that they will be hold that any fatwa including the instant one (as in guaranteed free expression, according to the law. the Shahid Akhtar case) is unauthorized and Peace talks between the Zapatistas and the Mexican illegal.” The court declared the couple, Saiful and government were suspended four years ago and the San Shahida, victims of illegal dictates. Andres Accords on Indian rights and culture negotiated by the two sides have not been implemented. A former law minister fought the legal battle for ( CNNenEspanol, Jan. 12, 2001, via the couple against the Maulana and five of his http://cnnenespanol.com/2001/latin/MEX/01/12/ colleagues, who had forced the husband and wife zapatistas/ index .html.) to separate and also pressured the woman to marry (Sandra Sawicki, 7-9819) another man as a pre-condition to returning to her former husband. The court ordered that all of the Maulanas be arrested and arraigned for ASIA prosecution. BANGLADESH--Islamic Edicts Declared Illegal The court suggested the introduction of the Muslim Family Laws Ordinance in the curriculum In an effort to stop the practice of issuance of fatwas of Muslim religious academies and other schools, (religious edicts) by the Maulanas (religious leaders) in as well as in sermons during Friday prayers. It the exercise of powers assumed under some provisions also drew the attention of the Bangladesh of the personal status law, the High Court of Parliament to the need for enactment of a law to Bangladesh delivered an historic verdict marking a stop the practice of fatwas. (The Hindu, Jan. 2, major step towards protection of fundamental rights in 2001, http://www.the-hindu.com/holnus/03021807. the country. The High Court ruling, which is expected htm.; The Dawn, Jan. 3, 2001, International to give relief to thousands of Bangladeshi Muslim Section.) women, was pronounced in Dhaka on New Year’s Day (Krishan Nehra, 7-7103) in the case of an
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