Committee publications

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Responsible mining opportunities and laws in Myanmar

Mining remains the most untapped sector in Myanmar. With the introduction of laws that more closely mirror international standards and a more generally investor-friendly regime and legal framework, the Myanmar mining sector is poised to swiftly enter the ranks of big resource producing nations.

Released on Sep 21, 2021

Recent developments in Brazilian mining regulations – licensing, tailings dams and mine closures

The mining sector is one of the most strategic and essential to the development of the Brazilian economy, but also one of the most complex. It was the last to have a regulatory agency and after a long period of discussions and challenges new rules are finally being issued to promote its development.

Released on Sep 21, 2021

The requirement for empowerment in the South African mining sector: looking for legal certainty from the courts

South Africa is a country rich in minerals and the mining sector plays a pivotal role in the economy. Bringing about legal certainty and finality on the requirements for empowerment in the South African mining sphere is an issue that is highly anticipated.

Released on Sep 21, 2021

The new Portuguese regulation on mineral deposits

This article addresses the entry into force of Decree Law No 30/2021, of 7 May, proceeding with the regulation of Law 54/2015, of 22 June, which establishes the legal framework on mining activities in Portugal, including prospecting, exploration and exploitation of geological resources.

Released on Sep 21, 2021

Book review: The Law and Governance of Mining and Minerals: A Global Perspective

In her ambitiously conceived recent book, The Law and Governance of Mining and Minerals: A Global Perspective, Dr Ana Elizabeth Bastida offers important and welcome new paradigms for contemporary studies and teachings about international mining law and governance.

Released on Sep 21, 2021

Returning to in-person business development? Business Development and Marketing Subcommittee guide, August 2021

This article examines the prospect of returning to in-person business development, as some jurisdictions start going back into the office and others rethink office plans in the face of further waves of Covid-19.

Released on Sep 15, 2021

IBA Aviation Law Committee: Meet and Greet

With a view to facilitate discussions and increase networking, the International Bar Association (IBA) Aviation Law Committee (ALC) organised its first virtual Meet and Greet event on Thursday 29 July 2021 via Zoom under the dynamic leadership of Ms Serap Zuvin, the Chair of ALC. The event was well attended with participation from a large number of lawyers from the aviation industry.

Released on Sep 6, 2021

BDRs and the market for foreign shares in Brazil

The article provides an overview of the Brazilian Depositary Receipt market, its regulation and prospects, in light of recent offerings of these securities in the Brazilian market and the amendments proposed to the relevant regulation by the Brazilian Securities and Exchange Commission.

Released on Sep 6, 2021

Guidelines and Regulations to Provide Insights on Public Policies to Ensure AI’s Beneficial Use as a Professional Tool

The Artificial Intelligence Working Group of the IBA Alternative New Law and Business Structures (ANLBS) Committee presents a comprehensive, up to date guide to the use of artificial intelligence as a professional tool, covering the main multilateral organisations and nine jurisdictions worldwide.

Released on Sep 2, 2021

The Corporate Transparency Act: what business owners need to know

US companies will soon face new reporting requirements under the Corporate Transparency Act (CTA). This article looks at the new law which will require entities identified as reporting companies to provide information about their beneficial owners. If reporting companies fail to disclose the necessary information, then they could face both severe civil and criminal penalties.

Released on Aug 26, 2021

Real Estate M&As and change of control clauses in lease contracts

The article addresses which matters to pay attention to in due diligences regarding change of control clauses in commercial leases where the target company is a tenant.

Released on Aug 24, 2021

Draft data centre policy of India 2020: an overview

Although there has been a phenomenal growth in the data centre sector in India with the advent of many local and foreign players, the sector is still at its nascent stage and suffers from few impediments. The Indian government has released the Draft Data Centre Policy 2020 which aims to counterpoise these challenges, and many states have introduced or are in the process of introducing their own data centre policies as well.

Released on Aug 24, 2021

Contracts as the ‘make or break’: delays of construction projects

Current raw material shortages are affecting costs and the timing of construction projects. The key to managing these issues are contractual provisions, which this article discusses.

Released on Aug 24, 2021

Trade Remedy Trends in Mexico

Despite not having amended the International Trade Law since 2006, or its regulations since 2014, Mexico has recently developed new practices in its trade remedy investigations. This article considers the International Trade Practices Unit of the Ministry of Economy and its determinations within antidumping investigations and/or orders, and those most relevant to discuss the consideration of China as a market economy and the use of foreign costs.

Released on Aug 20, 2021

Ever Given: an Example of How Complex International Liability for Damages Can Be

One of the largest container ships in the world, the Ever Given, got stuck in the Suez Canal in early 2021. This article looks at a general average in this scenario and how its determined by the York Antwerp Rules.

Released on Aug 20, 2021

Mental wellbeing: interview with Graham Boal QC, former Old Bailey judge

Former Old Bailey Judge Graham Boal QC gives insight into his experiences of imposter syndrome and depression and discusses the importance of mental wellbeing in sustainable career development for lawyers

Released on Aug 19, 2021

Breach of the shareholders’ agreement: which jurisdiction applies when a company is based abroad?

According to a recent judgment of the Italian Corte di Cassazione, a dispute arising from a breach of the shareholders’ agreement by an Italian shareholder is subject to the Italian jurisdiction even when the registered office of the company is located abroad under the rule of the defendant’s domicile.

Released on Aug 18, 2021

Beyond the Runway: Understanding the Scope of Image Rights Protection Under Nigerian Law

A person’s most valuable asset is their personality, and the wealth that is beginning to be associated with this in the 21st century is increasingly becoming evident. Technological advancement, especially the evolution of social media, has introduced complexities into the exploitation of image rights in the fashion industry. These platforms have suddenly become a theatre of sorts, for infringers who commercially exploit the images and persona of athletes, models and fashion brands without permission. Consequently, the efforts to commercially control both images and information belonging to fashion brands have never been greater. For elite models and fashion brands at the pinnacle of their career, not even the engagement of social media experts and consultants has been able to address this malaise.

Released on Aug 18, 2021

Pro Bono Efforts Harness the Expertise of Commercial Lawyers to Address Crimes Against Humanity Directed at Women

This article explores how commercial lawyers are effectively using their unique expertise in global trade and sanctions to deliver pro bono services that support accountability for human rights violations committed by non-state actors. This is having a powerful effect on accountability for crimes against humanity directed at women and other sanctions experts willing to engage on a pro bono basis are invited to join these efforts.

Released on Aug 18, 2021

Changes to a centuries-old tax applicable to certain real estate in Brazil

This article discusses changes to ‘marine land’ taxes in Brazil, which may provide an opportunity to private owners for savings in future taxes as well as a possible increase in the value of these types of properties.

Released on Aug 13, 2021

Anti-money laundering and counter-terrorism financing regulation in the Brazilian real estate market

Brazil takes a step further towards its anti-money laundering and counter-terrorism financing regulation within the realm of FATF-GAFI directives and bind notaries, registrars, intermediaries and advisors in real estate transactions.

Released on Aug 13, 2021

The Day the Music Stopped

The article highlights the devastating impact that the global Covid-19 pandemic has had on the live music industry and shows how this might be mitigated by embracing the newer forms of exploitation of copyright to bolster artists’ income streams.

Released on Aug 13, 2021

Arbitrating Intellectual Property Disputes in Nigeria: Lessons from Hong Kong and Singapore

Arbitration is now becoming globally recognised as the preferred method for resolving technology disputes. In this article, we examine the position in Nigeria, while considering the existing practices in Hong Kong and Singapore.

Released on Aug 13, 2021

Access to Vaccines is a Right, a Human Right!

The article considers accessibility to vaccines and health in general as a human right and in so doing looks at the rights enshrined in various treaties and declarations and Mexico’s Constitution in seeking to address a global rollout of vaccines.

Released on Aug 13, 2021

Everybody Needs Good Neighbours: Case 265/19 RAAP v PPI

This article provides a case summary of a recent CJEU decision on a dispute between Irish music performers, the collective management organisation and the Irish music producers’ organisation. The decision clarifies the extent of the right of performers to equitable remuneration with producers under Article 8(2) of Directive 2006/115/EC and its applicability to non-EEA performers.

Released on Aug 12, 2021

From the Editor – IP & Entertainment Law – August 2021

A letter from the Editor for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

Released on Aug 12, 2021

A Letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

A letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

Released on Aug 12, 2021

When 3-D Objects in Video Games Pose IP Challenges

Video games often include real-life 3D objects, particularly if the game is to be realistic. The trouble with real-life objects is that they may be protected by various intellectual property rights. Unless the right holder has consented to the real-life object being used in the game, the game’s developer or publisher risk infringing IP. The article discusses reported cases from the US and EU regarding in-game use of 3D objects.

Released on Aug 12, 2021

Portugal: Covid-19 Expropriation and Compulsory Patent Licensing

The article, in addressing compulsory patent licensing, looks at the constitutional protection afforded to industrial property rights in Portugal, the conflict between constitutional provisions and compulsory licensing and the principle of proportionality.

Released on Aug 12, 2021

Compulsory Licensing of Essential Drugs During the Covid-19 Pandemic

The article addresses the question of compulsory licensing of patents in India: whether it assists with supply, and potential adverse effects on innovation.

Released on Aug 12, 2021