Committee publications
Asia Pacific Regional Forum ebulletin: 6 August 2025
The Asia Pacific Regional Forum’s ebulletin, send to members on 6 August 2025.
Released on Aug 21, 2025
Corporate responsibility in the age of surveillance and transnational repression: legal obligations and human rights due diligence
The proliferation of advanced surveillance technologies has outpaced the evolution of legal safeguards, potentially resulting in significant threats to privacy, the freedom of expression and other human rights. Emerging regulatory frameworks, however, do impose binding human rights due diligence obligations on companies. This article examines the obligations of corporations, particularly those developing and distributing surveillance tools.
Released on Aug 21, 2025
The EU Omnibus and business and human rights risks
The Council of the European Union has adopted a pro-business draft of the Omnibus simplification package, reducing the scope of the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), and limiting the substantive sustainability reporting and due diligence obligations contained therein. Financial institutions have warned that the Council’s proposal will exacerbate existing issues related to a lack of environmental, social and governance (ESG) data, including data on human rights impacts, thereby restricting the reorientation of capital towards sustainable investments.
Released on Aug 21, 2025
The Interpol silver notice: the pilot project in the fight against international money laundering
In recent years, there has been a significant rise in crimes committed by individuals operating internationally. The increasing internalisation of offences makes it all the more necessary to establish effective and consistent mechanisms for cooperation and intervention at a global level. In this context, Interpol plays a leading role among the international bodies charged with providing operational and informational support to countries around the world. The system includes several types of notices, each with specific and well-defined objectives, the most familiar being the red notice. Recently, however, attention has been focused on a new category of notice that is set to profoundly revolutionise the international investigative paradigm: the silver notice.
Released on Aug 17, 2025
When ESG fails: an Asia–Pacific perspective on the rising tide of criminal liability impacting the corporate sustainability landscape
In February 2024, legal leaders from across Asia gathered at the Asia Legal Priorities 2024 event, hosted by Thomson Reuters. One resounding message emerged: the role of the lawyer is transforming from corporate advisor to ethical gatekeeper and legal risk strategist. This conclusion echoes how lawyers are responding to environmental, social and governance (ESG) frameworks that have emerged as the blueprint for responsible corporate conduct. As ESG evolves from soft law guidance to enforceable obligations, an undercurrent is rising: the growing intersection between ESG failures and criminal liability. Around the globe, prosecutors, regulators and legislators are increasingly treating ESG breaches not just as ethical lapses or compliance failures, but as criminal offences.
Released on Aug 17, 2025
Personal responsibility, corporate liability and criminality: an Australian perspective on the new UK failure to prevent fraud offence
Due to commence in September 2025, the new failure to prevent fraud offence in the United Kingdom is likely to pose challenges in terms of both efforts to comply and in regard to defending corporations charged under the new legislation. Section 199 of the Economic Crime and Corporate Transparency Act 2023 criminalises the conduct of large organisations where a person associated with the organisation commits fraud with intent to benefit the organisation or anyone the person provides services to on behalf of the organisation. It is a defence if the organisation can prove that there were reasonable procedures in place to prevent fraud or that it was not reasonable for such procedures to be in place. While Australian law does not contain an equivalent offence, presently, at least, the state of failure to prevent offences in Australia provides an interesting backdrop to a discussion on the broader issues surrounding such offences.
Released on Aug 17, 2025
The endangered lawyer and the cost of independence
The IBA’s Annual Conference was fortuitous timing, coinciding with the anniversary of Mexican Independence and the inauguration of Mexico’s first female president, Claudia Sheinbaum, the following month. Mexico was a brilliant choice for the event, a true feast for the senses. This article provides an account of events at the Conference.
Released on Aug 17, 2025
The IBA’s 27th Annual Transnational Crime Conference in Santiago
From 14 to 16 May 2025, the Transnational Crime Conference, now in its 27th edition, took place in the vibrant city of Santiago, Chile. Organised and co-presented by the IBA Criminal Law Committee and the Business Crime Committee, supported by the Latin American Regional Forum, the event brought together leading practitioners, regulators, academics and corporate counsel from across the globe to discuss key developments and challenges in the fight against transnational crime.
Released on Aug 17, 2025
Compliance subcommittee ESG due diligence interviews: Itaú Unibanco
The following questions were prepared for a written interview with senior executives in charge of the ESG practices of their companies. The aim is to explore the integration of ESG (environmental, social and governance) factors into corporate due diligence practices, with a focus on compliance, risk management and regulatory preparedness. In this interview, representatives from Itaú Unibanco – a leading Brazilian bank with operations in 18 countries – give their thoughts on the banks’ commitment to the ESG agenda and how they assess and evaluate risk.
Released on Aug 17, 2025
Reporting security incidents in Brazil: when and how to notify the Data Protection Authority
Brazil is increasingly in the global spotlight when it comes to cybersecurity threats. With over ten billion cyberattack attempts recorded in 2023 alone, the country ranks among the most targeted worldwide. These incidents are not abstract: they affect sensitive sectors such as finance and healthcare – including data leaks involving over 220 million data subjects from national institutions and critical infrastructure operators.
Released on Aug 15, 2025
Developing a corporate grievance mechanisms platform to address business and human rights issues in Japan - key opportunities and challenges for lawyers
One of the most critical challenges that companies and lawyers face in addressing business and human rights issues is how to effectively design and implement corporate grievance mechanisms that ensure access to a remedy and the meaningful role lawyers can play in this process. This article aims to share the key lessons learned from the first few years of operation of the Japan Center for Engagement and Remedy on Business and Human Rights’ Engagement and Remedy Platform, with a focus on developing effective corporate grievance mechanisms.
Released on Aug 14, 2025
ESG Conference 2025: a conversation with Ambassador Willem Van de Voorde
An insightful discussion with Ambassador Willem Van de Voorde
Released on Aug 12, 2025
ESG Conference 2025: a conversation with Damilola S Olawuyi
An insightful discussion with Damilola S Olawuyi
Released on Aug 12, 2025
ESG Conference 2025: a conversation with Pascal Durand
An insightful discussion with Pascal Durand
Released on Aug 12, 2025
Beyond the profile: five lessons on using LinkedIn for business development in the legal world
This article, based on the IBA webinar ‘The importance of being social – leveraging social media for business development growth’, discusses key takeaways from the webinar about what’s working – and what isn’t – when it comes to social media in the legal profession.
Released on Aug 5, 2025
Getting to Know the ERF – Francois Barre
Get to know the European Regional Forum’s Councill Member for France, Francois Barre.
Released on Aug 4, 2025
Climate crisis: ICJ’s historic opinion sets the tone for future litigation
IBA Global Insight - human rights news and analysis from the IBA
Released on Aug 1, 2025
Lawyers, bar associations & legal alliances understanding climate risks and advancing climate competent lawyering: highlights from London Climate Action Week 2025
As the world rapidly approaches the 1.5-degree temperature limit of the Paris Agreement, and the impacts of climate change alter every aspect of our communities and natural world, what does this mean for legal practice and lawyers’ professional responsibilities?
Released on Aug 1, 2025
US presidency: ‘big beautiful’ Act to have global repercussions
When US President Donald Trump signed the One Big Beautiful Bill Act (OBBBA) into law in July, he set in stone tax provisions that’ll shape the US multinational corporate landscape for years to come.
Released on Jul 31, 2025
Understanding foreign employment regulations: rights, obligations and protections for workers in Ghana
Foreign employment has become an increasingly common practice as workers seek opportunities beyond their home countries. However, for workers engaged in such contracts, it is vital to understand their rights and the legal framework protecting them, as well as the obligations of their employers. This article is an overview of the key provisions in the regulations governing foreign employment, designed to ensure fairness and safety for workers and their families
Released on Jul 28, 2025
The definition of workplace and enterprise in determination of competence for trade unions’ collective agreements under Turkish jurisprudence
The Turkish Collective Bargaining Agreements Law establishes distinct thresholds for determining a trade union’s eligibility to negotiate and conclude collective agreements. Multiple work locations can be collectively considered as a single workplace if they present in the form of a ‘connected place’. Conversely, an enterprise refers to a broader unit comprising multiple workplaces, potentially spanning different sectors, all under a single employer’s ownership and control.
Released on Jul 28, 2025
From courtrooms to contracts: navigating non-compete covenants through Italian case law
This article aims to highlight the most critical aspects of post-contractual non-compete covenants for subordinate employees, considering the latest developments in case law. Italian regulations strive to balance the protection of a company’s assets with the right to work. Case law plays a significant role in interpreting the legal requirements; this article analyses areas of uncertainty such as the amount and method of payment for due consideration, the scope of the agreement and the possibility of employer withdrawal, which companies must consider when drafting relevant contractual agreements.
Released on Jul 28, 2025
Artificial intelligence in Spanish collective bargaining agreements
Artificial intelligence (AI) is absolutely crucial for understanding the future of labour relations. In Spain, specific clauses on this subject have started to appear in a few collective bargaining agreements and are based essentially on respecting legal representatives’ rights to information and on the impact that AI can have on working conditions.
Released on Jul 28, 2025
Global talent mobility: overcoming legal and cultural barriers in India
As globalisation accelerates, businesses are increasingly seeking to tap into diverse talent pools, thereby driving innovation and enhancing competitiveness. However, navigating the legal framework in India, including compliance with immigration laws, social security contributions and establishing a local presence, sometimes presents challenges for organisations. This article discusses strategies for overcoming these legal and cultural barriers, as we delve into strategising the business structure, evaluating compliance obligations, developing inclusive work environments, offering cross-cultural training and addressing communication challenges.
Released on Jul 28, 2025
Employment termination in India: navigating legal frameworks, fair procedures and severance strategies
This article provides an overview of the key legal provisions in India that govern employment termination. It delves into the procedural safeguards in place to prevent unfair dismissals, highlighting the distinctions in employment termination practices across different sectors, the special protections afforded to vulnerable groups such as women, disabled or sick employees and the importance of adherence to principles of natural justice in the termination process.
Released on Jul 28, 2025
Navigating workplace investigations in the post-DEI era
With the growing attack on Diversity, Equity and Inclusion (DEI) initiatives in the United States, workplace investigations will undoubtedly be at the forefront of the changes. Employees in underrepresented groups may think that their employer no longer protects their needs while employers may fear audits, liability or penalties if they stray from the US President’s recent Executive Orders. This article examines how the evolving DEI landscape is shaping workplace investigations, Equal Employment Opportunity Commission (EEOC) investigation updates and how organisations can ensure fairness, due process and legal compliance through investigations in a post-DEI era.
Released on Jul 28, 2025
Navigating the landscape of non-compete agreements in Brazil: trends and transformations
This article explores non-compete agreements in Brazil, highlighting current case law and the potential impacts of the Federal Trade Commission’s decision to ban non-compete clauses. It addresses how globalisation and digital transformation are shaping the future of employment agreements in a complex legal environment, particularly in relation to non-compete agreements.
Released on Jul 28, 2025
The 80-year struggle to achieve equity in the workplace for women in Colombia – do we need to focus on more strong laws or on public and private programmes?
This article aims to explain how in Colombia, significant legislative and jurisprudential efforts have been made over 80 years to reaffirm the existence of equal conditions for men and women in the workplace. However, as will be observed, inequitable conditions between men and women remain prevalent.
Released on Jul 28, 2025
Summary of the IBA Webinar: ‘Championing Sustainability in Changing Times: How Can Law Firms Adapt and Thrive?’
A summary of the IBA webinar ‘Championing sustainability in changing times: how can law firms adapt and thrive?’, held on 3 June 2025. The webinar was presented by the IBA Law Firm Management Committee, supported by the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), Banking & Financial Law Committee, European Regional Forum and the IBA Legal Policy & Research Unit.
Released on Jul 25, 2025
Modernising payments and cross-border tax refunds: the implications of US Executive Order 14247
Executive Order (EO) 14247, Modernising Payments To and From America's Bank Account, mandates an end to paper cheques for all United States federal payments, including tax refunds, by 30 September 2025. This article analyses the EO’s impact on expatriate assignees, inbound non-resident taxpayers, multinational employers and non-US individuals or entities with US tax obligations.
Released on Jul 23, 2025