Business Law International (BLI)
About Business Law International
Published by the IBA’s Legal Practice Division, Business Law International covers the latest developments in all areas of business law across the globe, from M&A to employment, competition to tax, offering rigorous comparative analysis of how the law affects business in different jurisdictions and across borders.
Business Law International is edited by Jennifer Wheater, international counsel in Tax at Debevoise, and Peter Alexiadis, visiting professor at King’s College London. Jennifer and Peter are assisted by an editorial board of experts in international business law. Business Law International reaches approximately 16,000 leading practitioners around the world.
Articles aim to reflect and analyse current developments in all area of business law. You can find out more by reading our guidelines for contributors. If you would like to contribute to Business Law International, please email the Managing Editor at editor@int-bar.org.
If you are interested in advertising in Business Law International, please email andrew.webster-dunn@int-bar.org
If you are not a member of the IBA, you can find out more about how to join here.
Members of the Legal Practice Division receive Business Law International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.
ISSN 1467 632X
Pricing: £108 per issue
£292 per year, three issues per year
Five per cent agency discount available on annual subscription
Despite a general drop in the global number of M&A deals in the aftermath of the global pandemic, multilatinas – companies operating in many Latin American countries – seem to be boosting the market, especially when it comes to cross-border deals involving Latin American emerging economies. The aim of this article is to analyse the recent cross-border M&A transactions between multilatinas and the novel key issues that corporate lawyers should consider in this context.
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Public–private partnerships (PPPs) are collaborative arrangements in which the public and private sectors invest resources and skills to achieve common goals, usually in infrastructure development, public service provision or economic development. These collaborations capitalise on the strengths of both sectors: the public sector’s regulatory and social mandate and the private sector’s efficiency, creativity and funding.
PPPs contribute significantly to economic development by facilitating large-scale initiatives that would otherwise be impracticable for the public sector owing to financial restrictions or a lack of technical skills. Governments can speed up infrastructure construction, such as roads, hospitals, schools and water systems, which are critical to a country’s economic growth and societal wellbeing, by involving private companies.
These collaborations also allow for risk sharing, in which the private sector absorbs some of the financial, operational or other risks, thereby leading to more efficient and successful project delivery. Furthermore, PPPs can deliver more timely and high-quality services to the public, as private sector entities are frequently under competitive and budgetary pressure to maintain high standards.
However, the success of PPPs is dependent on a strong legal and regulatory framework, clear and transparent contracts and rigorous project management to guarantee that the public interest is protected and that the expected social and economic advantages are realised.
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Organising a worldwide operation of supply chain distribution is not easy; on the one hand, one needs a detailed view and analysis of customs and labour considerations, taxes, costs of transport, cultural similarities and differences while, on the other hand, one needs an overview of all these issues and to be able to consider them as a whole. It is in this context of strategic decision-making that the concepts of nearshoring and friendshoring arise. These two concepts are of central importance and require a differentiated understanding of the associated legal and cultural intricacies.
The 2020 pandemic came about in a context in which the model of productive globalisation based on international supply networks was already showing signs of exhaustion or even reversal owing to many reasons (environmental concerns, protectionist measures, geopolitical crisis, etc). This could be seen in companies’ decisions to return certain segments of production to their countries of origin or to nearby countries.
This article deals with the advantages, disadvantages and potential risks of nearshoring and friendshoring, with a special emphasis on Argentina. It also looks at the general significance of near- and friendshoring in the future. In addition, it will highlight the legal considerations that lawyers need to pay particular attention to in the context of near- and friendshoring.
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In the face of growing environmental challenges, governments worldwide are increasingly turning to innovative solutions to address the impact of human activities on the planet. The evolution of environmental taxes is a fascinating journey that mirrors society’s changing attitudes towards nature, sustainability and the urgent need to address environmental hurdles.
As one delves into the history of environmental taxes, it is possible to uncover a timeline marked by pivotal moments, evolving various policies and a growing global consciousness regarding the impact of human activities.
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Although the International Court of Justice in 2010 concluded that Kosovo’s independence was not contrary to international law, Kosovo’s continued standing as a semi-recognised state hinders its acceptance into international organisations. This article reviews Kosovo’s unsuccessful (the UN, UNESCO and Interpol), successful (the IMF, the World Bank) and potentially successful (the Council of Europe) applications for acceptance into international organisations. It argues that, at least in terms of its membership of international organisations, for as long as Kosovo’s statehood remains contested, it will be a ‘Western’ rather than a fully ‘international’ state, for three reasons. First, because international law is strongly biased against secession, secessionist states such as Kosovo face obstacles when attempting to join international organisations, even if supported by powerful countries such as the US. Second, Kosovo’s chances for acceptance into international organisations are higher if the organisation is heavily influenced by the US and key Western European countries, and decision-making is not based on unanimity. Finally, if competing powers such as Russia can exercise veto rights and/or the scope of states voting for acceptance of Kosovo into international organisations is extended beyond North America and Europe, the probability of acceptance by such international organisations decreases.
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Privilege is a fundamental legal right and a powerful tool under English law. Legal advice privilege protects communications between a lawyer and a client that are made for the purpose of giving or receiving legal advice. Litigation privilege protects communications between lawyers or their clients and any third party for the purpose of obtaining advice or information in connection with existing or reasonably contemplated litigation. Privilege is vital in allowing parties to access legal advice safe in the knowledge that confidential and sensitive information will not fall into the public domain. Were these protections not in place, parties may fail to seek legal advice or fail to communicate openly with their lawyers and there would be a risk that legal advisers would have to advise based upon an incomplete factual basis.
Despite the importance of the rules of privilege, it has long been understood that legal advice privilege and litigation privilege cannot be asserted in respect of communications that further a criminal or fraudulent purpose. This principle is known as the ‘iniquity exception’. The recent Court of Appeal judgment in Al Sadeq v Dechert LLP and Others provides helpful guidance on the applicability of the exception and the threshold that must be met in order for the exception to be applied by the court. This article analyses the Court of Appeal’s judgment and comment on the key take-away points for practitioners.
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The growing use and popularity of generative artificial intelligence (AI) have presented the US Copyright Office and US courts with novel questions of copyright law. The Copyright Office has already begun addressing copyright registration applications involving AI while, at the same time, copyright infringement cases involving AI have begun working their way through our courts. The law is far from settled, but standards are materialising that can guide practitioners working in this rapidly evolving area of law.
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- Volume 25 Number 1, January 2024
- Volume 24 Number 3, September 2023
- Volume 24 Number 2, May 2023
- Volume 24 Number 1, January 2023
- Volume 23 Number 3, September 2022
- Volume 23 Number 2, May 2022
- Volume 23 Number 1, January 2022
- Volume 22 Number 3, September 2021
- Volume 22 Number 2, May 2021
- Volume 22 Number 1, January 2021
- Volume 21 Number 3, September 2020
- Volume 21 Number 2, May 2020
- Volume 21 Number 1, January 2020
- Volume 20 Number 3, September 2019
- Volume 20 Number 2, May 2019
- Volume 20 Number 1, January 2019
Business Law International Podcasts
Assessing the UK’s Economic Crime and Corporate Transparency Act
In this, the first Business Law International (BLI) podcast, Melissa Stock, Member of the BLI Editorial Board and a barrister at Millennium Chambers in London, invites a panel of experts to analyse the UK’s Economic Crime and Corporate Transparency Act, which became law in October 2023. The panel discuss the background to the legislation and its implications, including in respect of failure to prevent obligations and corporate liability.
Joining Melissa are:
- Tim Harris, Podcast Officer for the IBA Anti-Corruption Committee and counsel at Cohen & Gresser in London, whose practice focuses on white collar criminal defence, including internal and regulatory investigations, regulatory enforcement, and financial crime compliance;
- Alex Swan, Website Officer on the IBA Business Crime Committee and of counsel in the London White Collar Defence & Investigations practice at Greenberg Traurig; and
- Shaul Brazil, Conference Coordinator on the IBA Criminal Law Committee and a partner at BCL in London, specialising in business crime and regulatory enforcement.
(Editor’s notes: This podcast was recorded in mid-December 2023. The podcast makes reference to the case brought by the SFO against former Barclays executives in 2019. All of those charged in the case pleaded not guilty.)
How to order the journal
Member of the Legal Practice Division receive Business Law International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.
ISSN 1467 632X
Pricing: £108 per issue
£292 per year, three issues per year
Five per cent agency discount available on annual subscription
Books for review
Please send details of books for review to editor@int-bar.org.
Guidelines for authors
Prospective authors should read the Guidelines for Authors and IBA Style Guide documents before submitting their paper for review.
Copyright and Disclaimer
Copyright: The IBA holds copyright in all articles, newsletters and papers published by them. If you wish to reproduce or distribute any IBA publication or any part of an IBA publication, permission must be requested in writing from the Managing Editor at editor@int-bar.org, and due acknowledgment given.
Disclaimer: The views expressed in journals, newsletters and papers are those of the contributors, and not necessarily those of the International Bar Association