Committee publications
Pro bono in Turkey: a missing piece in access to justice
This article examines pro bono practice in Turkey, highlighting that while pro bono legal services are legally permissible under Turkey’s Attorneyship Law, the absence of institutional coordination and limited bar association engagement has prevented a sustainable pro bono culture from emerging. The principal barrier is not prohibition, but ambiguity. Minimum fee rules protect lawyers from unfair competition, but they also leave unpaid work in uncertain territory. It is argued that resolving this ambiguity, through regulatory reform and institutional leadership, could turn pro bono legal services into a meaningful complement to a legal aid system already under strain.
Released on Jul 20, 2026
Latin America’s growing footprint in space governance – from international commitments to the unfinished task of building domestic regulatory frameworks
Latin American countries have rapidly embraced international space commitments, in fact, eight South American nations have now signed the Artemis Accords, and several have recently acceded to key UN space treaties. However, the region still largely lacks the domestic legal frameworks needed to regulate commercial space activities, attract private investment and fulfil treaty obligations. This article surveys the current state of space law across the region, highlights key developments and gaps and argues that bridging this regulatory deficit is the most urgent task ahead.
Released on Jul 17, 2026
Key points investors should know about foreign investment protection in the space sector
Foreign direct investment in the space sector is increasing but is exposed to growing political risk. Consequently, foreign investors in the space sector should be aware of the protection international investment agreements can offer, how to structure their investments to ensure they are covered by the protection that these treaties can provide and how investment contracts can provide alternative or supplementary protection.
Released on Jul 15, 2026
A new phase in Japanese space law and emerging technology regulation: the soft law approach in domestic regulation
This article examines Japan’s evolving regulation of emerging technologies through the recent amendment process of the Space Activities Act. While broader hard-law reform was initially envisioned, Japan finally chose a more pragmatic soft-law approach in the 2026 amendment, reserving legislation for immediately necessary issues such as permission requirements for rocket launches with dummy payloads, while addressing other matters through guidelines and manuals. Comparing this development with Japan’s AI regulatory framework, such trend suggests that the soft-law approach offers a flexible and realistic model for governing technologies whose future development is difficult to foresee.
Released on Jul 15, 2026
EU Space Act: council negotiations highlight growing de-bate on the scope of harmonisation
As negotiations on the proposed European Union Space Act continue, the debate within the Council has increasingly shifted from the technical design of individual obligations to a broader question: how far should European harmonisation in space regulation extend? Examining the compromise texts issued by the Danish and Cy-prus Presidencies, this article highlights the key developments in the legislative pro-cess and explores how Member States are seeking to balance the objectives of a common European framework with the preservation of national regulatory autono-my.
Released on Jul 15, 2026
Overview of the proposed amendments to Japan’s Space Activities Act and beyond
Japan has enacted a major overhaul of its Space Activities Act to accommodate the rapid diversification of space activities driven by private-sector innovation. This article examines the key amendments, including the expansion of the licensing regime from satellite launches to all space rocket launches, the introduction of a pre-loading conformity certification system and the extension of the third-party damage compensation framework, and considers the implications for international space industry participants.
Released on Jul 15, 2026
Amendments to Japan’s Space Activities Act and consideration concerning the license system for spaceports
As of May 2026, draft amendments to Japan’s Space Activities Act and related laws (the ‘Amendment Bill’) are under consideration in the National Diet of Japan. This article provides an overview of the Amendment Bill and introduces discussions concerning the licence system applicable to spaceports that took place in the course of this amendment process.
Released on Jul 15, 2026
Positioning Switzerland as a space law hub: Switzerland's draft Space Act in the orbit of the draft EU Space Act
This article examines Switzerland’s Draft Federal Space Operations Act, which establishes the country’s first national legal framework for space operations – covering licensing, supervision, liability, registration and conflict of laws – and assesses its key provisions in a comparative perspective with the proposed EU Space Act, highlighting Switzerland’s strategy to position itself as a competitive hub for space activities.
Released on Jul 15, 2026
In orbit: the legal implications of data centres in space
This article highlights challenges for advisers as in-orbit data centres move data processing from terrestrial facilities to satellites, exposing gaps in space, data, cybersecurity and liability rules.
Released on Jul 15, 2026
Pharmacy in space: mapping the EU legal landscape
As pharmaceutical research and manufacturing increasingly move into low Earth orbit (LEO), existing legal frameworks—designed for terrestrial, inspectable activities—face unprecedented challenges. This article maps the applicable law in low earth orbit, examines how EU regulations on clinical trials, GMPs, GCPs, pharmacovigilance, product liability, intellectual property and AI governance interact with international space law. It also assesses emerging responses including the UK’s 2026 space regulatory roadmap and the proposed European Union Space Act, concluding that targeted functional adaptations, rather than autonomous space health law, would offer the most pragmatic path forward to support health and space stakeholders’ research, development & innovation and help the market grow for a better prevention and treatment of diseases.
Released on Jul 15, 2026
The blindfold of justice in the fog of war: genocide, military necessity and the limits of armed force under international law
The article explores the boundary between lawful military actions and acts of genocide under international law, referencing the International Court of Justice case South Africa v Israel. It contends that international humanitarian law, international human rights law and international criminal law are three separate yet interconnected frameworks – actions lawful under one might still lead to liability under another – with genocide serving as the clearest example. The main argument is that military necessity is a legitimate but limited doctrine, insufficient to justify acts committed with dolus specialis; the crucial factor distinguishing lawful warfare from genocide is proven intent, not the outcomes of military operations.
Released on Jul 13, 2026
Human rights and nuclear legacy in the Marshall Islands webinar - summary
The IBA Human Rights Law Committee hosted a webinar on ‘Human rights and nuclear legacy in the Marshall Islands’ on 1st July 2026, which was co-presented by the IBA Rule of Law Forum, the IBA Environment, Health and Safety Law Committee, and the IBA Human Rights Institute.
Released on Jul 12, 2026
Getting to know the ERF - Tine Mišic
Get to know our members of the European Regional Forum with this series throughout 2026. Tine Mišic describes his experience of being European as both something personal and something that is created through shared experiences and cultures.
Released on Jul 8, 2026
The United Nations legacy of international criminal justice: Part 2 of the analysis of the acquitted and released men dying unfree in Niger
This article gives an update on developments with the UN International Residual Mechanism for Criminal Tribunals and the four-year long protracted crisis regarding relocation of acquitted and released Rwandan men
Released on Jul 7, 2026
From the Editor – IBA WCC newsletter, July 2026
This edition features articles on international criminal accountability in modern conflict and the future direction of international criminal law. The articles reflect the breadth of issues currently shaping international criminal law and demonstrate the continuing importance of rigorous legal analysis in responding to evolving forms of violence, persecution and impunity.
Released on Jul 7, 2026
Key practical asset recovery guidance drawn from the 3rd Annual Asset Recovery Committee Meeting panels
This article is drawn from a panel discussions at the 3rd Annual Asset Recovery Committee Meeting. When discussing the most common strategic and procedural pitfalls in cross-border asset recovery, rather than revisiting theoretical frameworks, this article focusses on practical experiences drawn from multiple jurisdictions, illustrating how apparently minor tactical decisions can generate significant – and sometimes irreversible – consequences. The discussion, co-moderated and confirmed that in international enforcement, disciplined coordination and strategic consistency are often as critical as substantive legal arguments.
Released on Jul 3, 2026
Top tips from investigators in asset recovery cases
This article advises legal professionals on the considerations they must take during asset recovery investigations, including the use of AI, digital evidence, ethical cooperation, thee speed of the investigation and more.
Released on Jul 3, 2026
The new Swiss committee for cultural heritage with a burdened past
Switzerland’s new looted-art commission will reshape how asset recovery claims are assessed for Holocaust-era and colonial-era takings. Furthermore, this article explains the concept of ‘burnt art’ and why it matters in the asset recovery process.
Released on Jul 3, 2026
Crypto development in Africa
Cryptocurrency is increasingly being adopted in Africa and Africa’s rapidly evolving digital asset landscape has opened new doors for innovation, Africa is one of the fastest-growing cryptocurrency markets in the world. This article explores why Africa is so rapidly adopting cryptocurrencies.
Released on Jul 3, 2026
Crypto in insolvency: the ‘property’ debate is over but the issue of control remains
For years, the insolvency world was paralysed by a metaphysical question: is bitcoin property, or merely information? The distinction was critical. If crypto was just data, it could not be ‘owned’ or sold by a liquidator. However, today, that debate is effectively dead. This article assesses the global movements as courts across the United Kingdom, Singapore and the United States have definitively categorised digital assets as property, capable of being held in trust and liquidated.
Released on Jul 3, 2026
Who decides consent? Arbitration agreement formation and FSIA jurisdiction in US courts after Stabil and Hulley
Recent DC Circuit and district court decisions reflect a maturing approach to arbitration-related jurisdiction under the US Foreign Sovereign Immunities Act, requiring independent judicial determination of whether an arbitration agreement was formed while deferring to arbitral tribunals on questions of scope and treaty interpretation. The Stabil v Russian Federation and Hulley Enterprises v Russian Federation decisions illustrate how US courts distinguish jurisdictional consent from merits-based defences, with significant implications for enforcement strategy against sovereign respondents.
Released on Jul 3, 2026
Sovereign liabilities and immunities: recovery of assets in Australia
In an increasingly global economy, transactions (and resulting disputes) commonly transcend borders. Recent Australian court decisions demonstrate a nuanced approach to disputes involving state parties, especially regarding the enforcement of arbitral awards and foreign state immunity. This approach impacts the recovery of assets pursuant to arbitral awards in Australia. This article considers the impact of several recent developments in superior courts in Australia involving state parties and the potential impact on asset recovery against them in Australia.
Released on Jul 3, 2026
Cross-border insolvency in Switzerland: opportunities for asset recovery
In cross-border asset recovery, bankruptcy in civil law jurisdictions is often viewed as a last resort − a procedural endpoint rather than a strategic entry point. Yet, Swiss bankruptcy law can serve as an efficient means to trace, freeze and eventually recover assets that would otherwise remain beyond reach. By unpacking the legal framework, procedural pathways and practical tools available in Switzerland, we aim to demonstrate how foreign bankruptcy decrees can unlock access to hidden assets and compel disclosure. In doing so, we offer a roadmap for turning the Swiss insolvency regime into an opportunity for proactive asset recovery.
Released on Jul 3, 2026
Foreign states’ immunity from execution in light of the French Supreme Court decision of 12 June 2025
This article examines a recent French ruling, which deals with the conditions under which immunity from execution may be set aside in France in the framework of Law 2016-1691 (‘Sapin II Law’), as well as the evidentiary rules enabling creditors to rebut claims that properties serve diplomatic functions. This case illustrates how French courts attempt to balance the protection of state functions with the legitimate interests of creditors seeking enforcement.
Released on Jul 3, 2026
Bridging borders: China’s role in cross-border asset recovery
On 21 January 2026, the IBA Asset Recovery Committee hosted a webinar exploring the realities, misconceptions and emerging trends in cross-border asset recovery involving China. The panel brought together experienced practitioners working across China, the United States and major offshore jurisdictions, each offering practical insights into how creditors can trace assets, access information and enforce judgments across borders with increasing effectiveness. This article offers a review of that webinar.
Released on Jul 3, 2026
Voices from the field - Stéphane de Navacelle
This series asks the Anti-Corruption Committee’s officers the most significant anti-corruption risks and challenges that are currently affecting their region. This edition is with Stéphane de Navacelle, the Committee’s Business Crime Committee Liaison Officer, who discusses the anti-corruption landscape in France, including challenges surrounding the difficulty of implementing anti-corruption policies and new multi-year legislation plans for French anti-corruption law.
Released on Jun 29, 2026
Navigating AI’s water footprint under Pakistan’s legal and environmental framework
The rapid ascent of AI is fundamentally reshaping global industry, and Pakistan is no longer a bystander to this revolution. Through its ‘Digital Pakistan’ plan, the state aims to weave cutting-edge computation into the national fabric, promising a future of optimised governance, automated fiscal management and a thriving tech ecosystem that can compete on the global stage. But AI also introduces a ‘hidden’ environmental cost that may challenge infrastructure and legal frameworks. This article argues that unless we align our national AI policy with our environmental and water laws, we risk building a digital economy that we cannot afford to sustain.
Released on Jun 29, 2026
The Ukrainian procedure for ensuring the accessibility of electronic communications services for persons with disabilities
This paper analyses Ukraine’s recently adopted framework on the accessibility of electronic communications services for persons with disabilities. It examines the scope of the new rules, detailing the key obligations imposed on service providers, including requirements concerning accessible information, websites and applications, self-service terminals, service desk communication and customer-facing premises.
Released on Jun 22, 2026
Navigating AI’s water footprint under France’s legal and environmental framework
This article aims to provide legal insight on the prioritisation of artificial intelligence and the extent to which we are on the brink of a new systemic conflict over water.
Released on Jun 22, 2026
Tort liability and the importance of governing law in cross-border claims
The growth of cross-border trade, digital commerce and transnational corporate activity has reshaped tort litigation. A wrongful act today often spans several jurisdictions: the conduct originates in one country, the injury occurs in another and the parties are connected to legal systems in yet another jurisdiction. Claims of this kind turn on a single threshold question: which jurisdiction’s law governs the dispute? This question is rarely neutral because legal systems differ on liability, damages, limitation periods and remedies. This article examines tort liability and the role of governing law in cross-border claims from the perspectives of India and the United States.
Released on Jun 22, 2026