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Committee publications

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Renewable energy projects under the new Venezuelan Special Economic Zones Organic Law

Renewable and alternative energies have a lower environmental impact than conventional energy resources with the use of new technologies. This is the fundamental assumption of the global energy transition and is part of commitments made by Venezuela under the Paris Agreement and other treaties.

Released on Sep 30, 2022

The new normal in Mexico

Almost four years since the beginning of the mandate of Andrés Manuel López Obrador (AMLO) the Mexican president, national and international investors, as well as the governments of Mexico’s biggest international partners, remain deeply and increasingly concerned about his internal and international policies, as well as the upholding of the rule of law in Mexico.

Released on Sep 30, 2022

Obtaining Spanish nationality through the new Grandchildren’s Law

The legislation known as the Grandchildren’s Law or the Democratic Memory Law was finally approved in the Spanish Parliament on 14 July 2020 after a long period of waiting. This will allow children and grandchildren of Spaniards to obtain Spanish nationality directly, without the obligation of having to reside in Spain for a minimum period of time.

Released on Sep 30, 2022

Brazil – fluid recovery in consumer class actions

Under Brazilian law, fluid recovery applies in homogeneous individual rights class actions either if, within the first year after the publication of a generic award in newspapers, individual claims are not filed by the members of the class to seek liquidation and enforcement or if the number of claims by the members of the class is not significant. The fluid recovery’s total amount should be allocated to the Diffuse Rights Fund.

Released on Sep 30, 2022

Guidance on the resettlement of mine communities in South Africa

Mining is a significant contributor to the South African economy. It not only creates job opportunities, but also creates opportunities for the development of small and medium enterprises through the award of procurement opportunities, enables the empowerment of historically disadvantaged individuals and also enables the development of communities affected by the mining activities.

Released on Sep 29, 2022

Energy transition and the challenges that lie ahead for the Mozambican mining industry

Mozambique was one of the 200 countries represented at the 2021 United Nations Climate Change Conference (COP26), which brought together almost every nation on earth to discuss how to tackle the global issue of climate change.

Released on Sep 29, 2022

A new era in the Angolan mining landscape: the consequences of the recent split of the Angolan mining national concessionaire

After 2013, with the increase in shale oil production and the consequences of the commodities crisis, Angola entered into a significant crisis, its economy depending, at the time, on oil and gas production and 95 per cent of public revenues coming from the industry.

Released on Sep 29, 2022

Indonesian mining regulations: notable changes and developments in recent years

The Indonesian government has introduced major regulatory developments in the mining sector, which demonstrate its eagerness to improve investment in the mining sector and to protect national interests. This is apparent from the government’s efforts to simplify licensing procedures, provide fiscal incentives and determine mandatory but more clear-cut divestment requirements. Despite the rather hefty number of regulations issued in recent years, it remains to be seen whether the government is going to issue more definitive implementing regulations in the future.

Released on Sep 29, 2022

The GDPR: Sanctions without culpability?

Austrian law requires evidence of culpable behaviour by managing directors before imposing company fines under the GDPR. However, this requirement could soon be fundamentally changed by a case currently pending at the European Court of Justice.

Released on Sep 28, 2022

The coordination of family care tasks and employment in Argentina

Argentine national authorities implement measures to redistribute care tasks and remove inequalities that derive from its traditional unequal distribution.

Released on Sep 27, 2022

Nanotechnology in healthcare

Nanotechnologies present a major innovation opportunity for the healthcare sector. Their use is increasing in drug and medical device development, as was reinforced by the deployment of messenger RNA vaccines against Covid-19. However, their medical applications are still underdeveloped globally and prompt concern about their safety. This article shares some insights into the evolving legal framework governing the use of nanotechnologies in healthcare at a European and French level.

Released on Sep 27, 2022

Insurtech and digitalisation of the insurance sector: the first steps of the Italian regulatory sandbox

In 2021 Italy established its first regulatory sandbox for insurance, financial and banking sector innovations. In March 2022 the first insurance-related project was approved. Given the relevance of this regulatory market development, this article outlines the relevant legal frameworks envisaged for these initiatives and analyses the first approved project, which is a blockchain-based registry for ownership and policies for unregistered velocipedes.

Released on Sep 27, 2022

Italy: recent legislative steps towards gender equality in the workplace

On 18 November 2021, law No 162 of 2021, ‘Amendments to the code referred to Legislative Decree No 198 of 11 April 2006, and other provisions on equal opportunities for men and women in employment’ (Equal Pay Law) was published in the Official Gazette, providing important new regulations on discrimination and gender equality in the workplace. Its aim being to reduce the gender pay gap and encourage women’s participation in the labour market. The new legislative affects Legislative Decree No 198 of 2006 (the ‘National Code of Equal Opportunities between Women and Men’) by expanding existing text and introducing new articles.

Released on Sep 27, 2022

How to achieve an equal workplace for transgender employees in Brazil

Approaching the transgender discussion in Brazil from a labour and employment perspective highlights circumstances which may be challenging for companies and employees, especially as there are no specific laws regulating how companies should proceed on a day-to-day basis to promote a workplace free of discrimination. Companies may however, adopt various practices based on case law to provide an equal workplace, respecting the fundamental rights of transgender people, including their right to work.

Released on Sep 26, 2022

Post Covid Foreign Investment Controls: Protectionism v Globalism

In this session at the 37th International Financial Law Conference in Venice, the Co-Chairs and the four expert panellists shared perspectives and comments on two main areas that may have a significant impact on deal flows and their financing due to the increased tendency towards national government intervention on the grounds of protecting national security: (1) sanction policies when the protection of national security is derived from a genuine reason; and (2) the growth of foreign investment controls in Europe.

Released on Sep 22, 2022

Singapore repeals section 377A: A bittersweet victory

This article looks at Singapore’s recent decision to repeal section 377a of the Penal Code, thus decriminalising same-sex conduct between men, and the subsequent statement from the government on whether the definition of marriage will change following the repeal.

Released on Sep 20, 2022

Legal Practice Division General Meeting Agenda

Released on Sep 20, 2022

Selected financing topics

The conference’s second interactive workshop touched on selected financing topics, which were discussed in separate tables led by moderators. Each table worked on different questions around the selected topic and drew conclusions which were then shared with the entire audience. The following matters were discussed and presented:

Released on Sep 20, 2022

Meeting of the Western and Israel Regional Group in Brussels

Released on Sep 15, 2022

Limits to compliance officers’ criminal liability in Brazil: the role of compliance in the society of risk

Modern society is a society of risk. This phenomenon was first described by Ulrich Beck as being a consequence of the modern society. According to Beck, risk is omnipresent because society is increasingly occupied with debating, preventing, and managing risks that it has itself produced. One of the consequences of the risk society phenomenon is the development of new criminal doctrines which seek to maximise prevention in the face of new criminal threats (‘criminal law for risks’).

Released on Sep 14, 2022

Jurisdiction and powers of international arbitral tribunals when dealing with allegations of corruption

Arbitrators are regularly confronted with corruption issues either because corruption has been alleged by one of the parties or because certain facts lead to a suspicion of corruption. This article aims to understand the role of arbitrators in the global fight against corruption including whether they have jurisdiction to decide on those issues and whether they can investigate those matters sua sponte.

Released on Sep 14, 2022

Q: ‘Did you conduct an internal investigation at the time?’ A: ‘By virtue of which text?’

‘Did you conduct an internal investigation at the time?’ This is how an investigating judge questioned our client during a first appearance hearing concerning 20 year-old facts.

Released on Sep 14, 2022

Brazilian government sales: how to address risks in integrity programmes

The government or public sector, is one of the most important clients, if not the major client for a significant number of companies doing business in Brazil. This means that companies are constantly exposed to the intricacies of government sales and to its risks.

Released on Sep 14, 2022

Dos and don’ts when conducting cross-border internal investigations in Latin America

This article analyses key challenges which could be faced when conducting a cross-border internal investigations involving Latin American jurisdictions. It also provides insight into some of the best practices to adopt when organising and launching such an investigation.

Released on Sep 14, 2022

The case for an international anti-corruption court

Grand corruption – the abuse of public office for private gain by a nation’s leaders (kleptocrats) – is a major barrier to meeting the UN Sustainable Development Goals, responding effectively to pandemics, fighting climate change, creating a level playing field for ethical international businesses, promoting democracy and human rights, establishing international peace and security, and securing a more just, rules-based global order.

Released on Sep 13, 2022

Disappearing messages: updating best practices

Released on Sep 13, 2022

Bridging the UNCAC gap: India’s need for legislation banning the bribery of foreign public officials

Following its ratification of the United Nations Convention against Corruption, India’s parliament has sought to implement various legislative reforms to fulfil its obligations under the Convention. While several attempts have been made to introduce legislation banning the bribery of foreign public officials, none have so far been successful. This article conducts an analysis of India’s latest attempt at promulgating such a law through the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2019.

Released on Sep 13, 2022

Comparative Corner: drone laws in Mexico, Canada and the United States

In this edition of the IBA North American Regional Forum Newsletter, three drone lawyers – Edmundo Olivares Dufoo of Flores, Olivares, Cobián Abogados y Consultores (Mexico), Zain Hemani of Osler, Hoskin & Harcourt (Canada), and Michael J Lambert of Haynes and Boone (United States) – will provide a comparative overview of drone laws in Mexico, Canada and the US.

Released on Sep 13, 2022

News from around the world – Australia

Australia’s franchising sector has recently undergone a period of change. With the intention to promote fairness and transparency in the sector, Australia’s Franchising Code of Conduct has been updated by the Australian government three times since May 2021. This has resulted in a need for franchisors to ensure their franchise agreements and Disclosure Documents are compliant with the amended Code and that they following all processes and requirements set out in the Code.

Released on Sep 12, 2022

Report on the IBA-VIAC Consensual Dispute Resolution Competition 2022

This report aims to summarise the development of the 2022 edition of the IBA-VIAC CDRC Vienna Mediation and Negotiation Competition. The competition is organised by the IBA Mediation Committee and the Vienna International Arbitral Centre.

Released on Sep 9, 2022