LexisNexis

Committee publications

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Taiwan real estate inheritance case study

There are mainly two ways of distributing real estate inheritance in Taiwan: allocating real estate to certain successors while reimbursing others, or forcibly selling the real estate and equally distributing the proceeds.

Released on Jun 22, 2022

Pakistan tightens restrictions on social media giants

This article considers Pakistan’s crackdown on social media giants such as Facebook, Twitter and TikTok, and the relationship between these restrictions and the right to freedom of expression.

Released on Jun 22, 2022

Sustainability-linked derivatives: will India be a world leader in the next stage of green finance?

This article explores India’s position among the growing movement to align the global financial system with sustainable development.

Released on Jun 22, 2022

An introduction to India’s new privacy regime

This article offers an overview of India’s new draft data privacy law.

Released on Jun 22, 2022

An interpretation of the Special Administrative Measures for Foreign Investment Access (Negative List) (2021)

This article provides an interpretation of China’s Special Administrative Measures for Foreign Investment Access, as introduced in December 2021.

Released on Jun 22, 2022

The Communications Commission's Licensing Framework for the Establishment of Mobile Virtual Network Operators in Nigeria: a review

This article gives an overview of the recently published Licensing Framework for the Establishment of Mobile Virtual Network Operators (MVNOs) in Nigeria. The Framework provides for a four-tier system, while a fifth-tier unified virtual operator may decide the level of service it desires to offer from tiers 1 to 4. The conditions of all five tiers are outlined in brief.

Released on Jun 20, 2022

The history and fundamentals of Turkish data protection law

This article considers the history and fundamentals of Turkish data protection law.

Released on Jun 20, 2022

Considerations regarding the potential refarming process for the 3.5 GHz band in Chile

This article argues that a potential refarming of frequency bands in the 3.4-3.6 GHz range in Chile should only be carried out following an in-depth analysis by the state’s telecom regulator, as it might involve a series of exceptional measures that could affect the telecom market structure and the rights and obligations of telecom concessionaires.

Released on Jun 20, 2022

Challenges to the regulation of artificial intelligence in Brazil

This article outlines the key milestones in the process of regulating AI in Brazil. It compares the Bill of Law No 21 of 2020, which is the first attempt to create a legal framework for AI in the country, with its main inspirations: the OECD Recommendation and the EU AI Act.

Released on Jun 20, 2022

On your marks, set, go! The rollout of 5G networks in Nigeria

The recent 5G spectrum auction in Nigeria has raised expectations that 5G services will soon be launched across the country. This article highlights some of the challenges to the deployment of 5G networks in Nigeria and the conditions set for the licensees regarding the rollout.

Released on Jun 20, 2022

Mandatory human rights due diligence in Brazil

In line with international trends, the Business and Human Rights agenda in Brazil is advancing. The proposal of Bill of Law No 572 to the National Congress for the approval of a ‘National Framework on Human Rights and Business’ reignited the internal debate over the need for the legal obligations of business enterprises to respect human rights. Although there is room for improvement, this represents a bold step towards a legal system of integrity with respect to human rights, encompassing social, environment and climate perspectives.

Released on Jun 17, 2022

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 Jun 17, 2022

Pro bono and ESG: new standards for law firms

This article explores how law firms can meet and support environmental, social, and corporate governance targets through their commitment to pro bono work.

Released on Jun 14, 2022

Pro bono and protection for the Mapuche through the ‘Sello Mapuche’ certification mark

This article describes the pro bono efforts to achieve a certification mark for the Mapuche people

Released on Jun 14, 2022

Stateless in country of birth: the seven-year pro bono legal journey to vindicate the right to statehood

This article traces the seven-year journey of two siblings to achieve registration of their births and citizenship. Names used with permission from clients. 

Released on Jun 14, 2022

The need for pro bono work to assist cross-border human mobility: the Venezuelan-Colombian case

This article describes the need for pro bono efforts to assist migrants, asylum seekers, or refugees in the Colombian context and describes how this can contribute to social inclusion and a reduction in trauma for these populations.

Released on Jun 14, 2022

From the Editors – Maritime and Transport Law Committee – June 2022

A note from the Editors of the IBA Maritime and Transport Law Committee.

Released on Jun 14, 2022

From the Chairs – Maritime and Transport Law Committee – June 2022

A note from the Chairs of the IBA Maritime and Transport Law Committee

Released on Jun 14, 2022

Breaches of international maritime laws in Russia’s war against Ukraine

In March 2014 Russia annexed Crimea and part of the Donetsk and Luhansk region in eastern Ukraine. Fighting has continued in this part of Ukraine since then. From the first days of the invasion, Russia declared the northwestern area of the Black Sea and Sea of Azov a zone of hostilities.

Released on Jun 14, 2022

Ukrainian inland waterway reform: stakeholders brace as new opportunities arise

Praised for centuries as the breadbasket of Europe, Ukraine ended a pre-pandemic 2019 having exported an astonishing €5.9bn in agricultural products, exceeding even China as the EU’s third biggest partner for agricultural imports. As the country’s production increases so does demand for faster and more reliable carriage.

Released on Jun 14, 2022

Starboard: Shipping law and the protection of coral reefs

The Singapore High Court in The ‘Sevilla Knutsen’ [2022] SGHC 20 decided for the first time on damages to be awarded for damage by a vessel to coral reefs. The crux of the dispute related to the parties’ significant divergence on the appropriate level of damages to which the plaintiffs were entitled.

Released on Jun 14, 2022

DIAC Arbitration Rules 2022 – a paradigm shift for Dubai becoming a global arbitration hub

The Dubai International Arbitration Centre (DIAC) published its new arbitration rules (the ‘Rules’) on 2 March 2022. The New Rules replace the DIAC Arbitration Rules of 2007 and are applicable to all arbitrations commenced after 21 March 2022, regardless of when the arbitration agreement was entered into.

Released on Jun 14, 2022

Deposit of money as an interim measure in aid of arbitration

Indian courts have adopted a novel and commercially pragmatic approach in ordering recalcitrant debtors to deposit money as security in aid of a claim in arbitration where there are clear admissions of liability or their defence is moonshine.

Released on Jun 14, 2022

Brazil inaugurates new regime of port authority privatisation

On 30 March 2022, the Brazilian government successfully auctioned the privatisation of the state-owned port authority Companhia Docas do Espírito Santo (Codesa) and, simultaneously, the concession of the management of the Ports of Vitória and Barra do Riacho, both located in the state of Espírito Santo, for a 35-year period.

Released on Jun 14, 2022

Sulphur content in bunker fuel: case analysis

A client of Bech-Bruun, a large shipping company, was recently acquitted in a criminal case in which the client was charged with a violation of the EU Sulphur Directive concerning the limits on the sulphur content in bunker fuel. The prosecution had claimed a fine of more than DKK 200,000.

Released on Jun 14, 2022

The fall of Hanjin Shipping in South Korea – after five years

Hanjin Shipping, at the time the number one ocean carrier of South Korea, went bankrupt in February 2017 after struggling for a few months in court protection that was instituted in the year before. Initially, the bankruptcy procedure was a Chapter 11 reorganisation. However, it was found by the court-appointed investigator that the shipping company utterly lacked financial resources, and its business had collapsed irrevocably.

Released on Jun 14, 2022

Legal framework for maritime law in Nigeria

The sea is a crucial medium through which human trade and commerce is conducted; it is also a means of voyage, a valuable source for mineral extraction and power generation and an essential source of the blue economy. It is of vital importance for Nigeria, as a coastal state located strategically on the west coast of Africa in the Gulf of Guinea, to have an effective maritime legal regime for the regulation and protection of sea activities.

Released on Jun 14, 2022

UK government commences open consultation on signing and ratifying the Singapore Convention on Mediation

Since UNCITRAL opened the Singapore Convention on Mediation (the ‘Convention’) for signature on 7 August 2019, there have been 55 signatories and nine countries have ratified the Convention. The Convention, which came into force on 12 September 2020, aims to make the enforcement of mediated settlements in international commercial business-to-business disputes quicker and easier.

Released on Jun 14, 2022

Brazil establishes federal programme to incentivise cabotage

On 7 January 2022, the Brazilian President sanctioned a bill of law instituting a programme called ‘BR do Mar’ (which can be translated as ‘Highway of the Seas’) aiming at incentivising cabotage transportation in the country. After decades under a protectionist legislation which stifled the modal’s cost-effectiveness, the new law is expected to bring down freight costs and alleviate logistic bottlenecks caused by extreme dependence on highways for general transportation of goods while strengthening the Brazilian naval and shipbuilding industries, thus creating a favourable environment to growth.

Released on Jun 14, 2022

Book now, regret later

The European Court of Justice (ECJ) has rendered a decision that is likely to be of interest to those involved in the carriage of passengers in the European Union and European Economic Area.

Released on Jun 14, 2022