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Committee publications

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Geospatial data podcast

Geospatial data are becoming increasingly relevant in our technology-driven world. In this podcast, privacy and data barrister, Melissa Stock, speaks with Kevin Pomfret, an attorney and Executive Director of the Centre for Spatial Law and Policy. They discuss the growing legal complexity surrounding the use of geospatial data and the challenges that it presents for lawyers and policy makers.

Released on Jan 19, 2022

Tax transparency and social responsibility: managing opportunities and risks of ever-complex tax laws

This session covered several issues: the first section dealt with environmental, social and governance factors; the second covered attempts to tax products on the premise that they are ‘poor choices’ for consumers; and the third looked at taxes and public scrutiny.

Released on Jan 18, 2022

Report on the ‘Hot topics in aviation 2021’ virtual event

This article summarises the ‘Hot topics in aviation 2021’ virtual event that took place on Thursday 7 October 2021. The joint session was hosted by the International Bar Association Aviation Law Committee, the New York City Bar Association Aeronautics Committee, the Lawyer-Pilots Bar Association and the New Jersey State Bar Association Aviation Law Committee.

Released on Jan 13, 2022

Aircraft lessor lawyer: a year and a bit of the pandemic

This article looks at the effect that the Covid-19 pandemic has had on an aircraft lessor lawyer, and looks at the issues that the pandemic has caused for the industry.

Released on Jan 13, 2022

Report on the joint webinar of the Maritime and Transport Law Committee and the Aviation Law Committee

This article summarises the joint webinar of the Maritime and Transport Law Committee and the Aviation Law Committee, ‘Asset financing the transportation industry’, which took place on 6 October 2021.

Released on Jan 13, 2022

IBA European Regional Forum Diversity & Inclusion Survey report: Building active engagement with Diversity & Inclusion

A report on a survey created by the Diversity and Inclusion Working Party of the IBA European Regional Forum to understand how Diversity & Inclusion is perceived by European law firms and to try to learn from each other’s experience.

Released on Jan 13, 2022

Non-profit organisations, anti-corruption compliance and pro bono services in Paraguay

This article explores how non-profit organisations can benefit from pro bono legal services to support compliance with Resolution 453/11 in Paraguay. The Resolution imposes an obligation to adopt policies and preventive proceedings for identifying, registering and reporting transactions involving suspicion of laundering assets.

Released on Jan 6, 2022

Pro bono legal services: a means of improving health and welfare in Colombia

In Colombia, legal needs relating to health are the most prevalent among vulnerable populations. In response, the Colombia ProBono Foundation is designing and developing the country’s first medical-legal partnership to deal with health-related social and legal issues.

Released on Jan 6, 2022

Alyne Pimentel v Brazil: pro bono collaboration for reproductive rights recognition in leading human rights case

This article explores redress for the family of a woman denied adequate maternal healthcare following a long legal process both domestically and internationally through the Committee on the Elimination of Discrimination Against Women (CEDAW).

Released on Jan 6, 2022

IBA Pro Bono Committee e-bulletin, January 2022

An overview of the recent articles posted by the IBA Pro Bono Committee in January 2022.

Released on Jan 6, 2022

Travelling along the Camino Way: searching for meaning and purpose in the company of the European Regional Forum

Each year hundreds of thousands of pilgrims (from many faith traditions and from none) set out from popular starting points across Europe to travel along the Camino Way on foot or by bicycle to Santiago de Compostela and Cape Finisterre in Northern Spain, which was known as the ‘end of the world’ in Roman times). The Camino Way is not one but a network of routes many of which were established in the early Middle Ages all heading in the same direction.

Released on Jan 4, 2022

The right to go to work – the employer as regulator in the UAE

As a result of the Covid-19 pandemic, the requirement to work from home and not attend the office was enforced across each country within the Gulf Cooperation Council (GCC) to prevent the spread of Covid-19. However, following the rollout of the Covid-19 vaccine, there has been a relaxation on this requirement to work from home and many employees have returned to work. This article considers the factors that GCC-based employers should bear in mind in terms of vaccination protocols and/or a return to office-based working.

Released on Dec 22, 2021

The right to go to work – the employer as regulator in the UK

This article takes a look at the extent to which UK employers can insist on Covid-19 vaccination, and/or testing, as a condition of employment, or visiting the workplace, and any associated risks.

Released on Dec 22, 2021

From the Co-Chairs - Mediation Committee December 2021

Covid-19 has highlighted the importance of dialogue and connection and the need for the collaborative engagement by communities and professionals in dispute resolution domestically and internationally. Sharing best practice and responses to Covid-19 with international counterparts will continue to be important in the coming days. The Mediation Committee looks forward to continuing to engage with our members and expand the discourse and dialogue on mediation during these difficult times.

Released on Dec 20, 2021

Mediation Committee questionnaire 2021

Mediation Committee officers give their views on effective mediation, the future of mediation and a fun fact about themselves. With Federico Antich, Martin Hauser, Shreyas Jayasimha, Michael McIlwrath and Joe Tirado

Released on Dec 20, 2021

The Italian model of mediation: an update

On 20th March 2010 Italy took the big step to enact a legal instrument (Legislative Decree 4 March 2010 n. 28) to embrace Mediation as a way to reduce the heavy workload of the judiciary and more generally to promote a sustainable approach to dispute resolution in civil and commercial matters.

Released on Dec 20, 2021

Why are intellectual property disputes particularly suitable for negotiation and mediation?

Many times, I have been intrigued to find that in a negotiation the parties evaluate their intellectual property rights differently than in a parallel legal process. I will first present two anonymized disputes resulting from my practice as a negotiator and mediator, before asking the question of what determines the value of intellectual property rights

Released on Dec 20, 2021

Law on mediation in India and its recent developments

Mediation has in recent years proven to be an effective alternative in India – they are now being pushed as a first option for parties to pursue. In 2002, an amendment was made via section 89 of the Code of Civil Procedure that empowered Courts to refer matters that 'contained elements of settlement' to be settled out of court. The section enumerates different options for alternative dispute redressal, one of them being mediation.

Released on Dec 20, 2021

What commercial trial lawyers can learn from transactional lawyers about mediation

If you are a litigator, reconsider how you act in mediation - be balanced and thoughtful. In mediation, rights take a back seat to common interests.

Released on Dec 20, 2021

From the Chair of the Closely Held and Growing Business Enterprise Committee

This time of the year is the moment for retrospective reflections, for a look into the future - and for New Year’s resolutions. For some jurisdictions it’s also the moment where one should show that they have behaved, in order to get the reward for it….

Released on Dec 17, 2021

Podcast: Torture A-C - Human Rights Law Committee

Episode 1 of an IBA Human Rights Law Committee podcast series looking at both obvious and overlooked aspects of litigating and documenting torture, in an ‘A-Z’ format. This episode covers arbitrary detention, as both a form of torture and environment which renders individuals susceptible to torture; beatings – physical torture; and ‘confessions and clean teams’.

Released on Dec 17, 2021

Working from anywhere v national employment and tax rules: the Italian experience in the EU context

Remote working from anywhere in the world is a reality for many employees, thanks to the technological advances and cultural shifts that we have seen during the Covid-19 pandemic. In purely legal terms, however, national borders and physical presence still matter: the Italian social security and tax rules represent a notable example of the application of the ‘Territoriality’ principle, which is common also at European level.

Released on Dec 15, 2021

Work and vaccination against Covid-19 in Ukraine: new challenges for employers and employees

As the campaign for vaccination against Covid-19 in Ukraine goes on and new measures and restrictions are introduced by the government, more questions are raised regarding mandatory vaccination for employees.

Released on Dec 15, 2021

Validity of requiring vaccination and PCR testing from employees in Turkey

Due to the Covid-19 pandemic, employers are required to take measures to meet their occupational health and safety obligations. The most important and debated health and safety measure is requiring vaccination and PCR testing from employees. Whether this measure may be mandatory within the workplace, and the sanctions that may apply if an employee fails to comply with this measure, have become a more pressing issue.

Released on Dec 15, 2021

Vaccines and testing in the UK workplace: new rules and expectations

The Covid-19 pandemic has prompted many UK employers to introduce new rules on vaccination and testing in the workplace. This raises legal risks and privacy issues, and also illustrates how Covid-19 has changed the expectations between employer and employee in relation to health information and workplace safety.

Released on Dec 15, 2021

The age of Covid-19: the right to go to work and the employer as regulator

The Covid-19 pandemic has substantially changed certain paradigms concerning employment relationships, especially about the interaction between employers and their employees. This article looks at the debates surrounding the issue of the vaccination of employees in the Brazilian context.

Released on Dec 15, 2021

Remote working in the Netherlands – challenges and limitations

The Covid-19 pandemic has heavily affected our lives, including the way we work. In the Netherlands, employers are forced to act in line with government lockdown measures and restrictions that are constantly changing. How are Dutch employers dealing with this? What challenges are they facing? Is the Dutch government lending a helping hand by proposing new legislation? And more importantly, are these legislative proposals a solution to the problem?

Released on Dec 15, 2021

Refusal to vaccinate against Covid-19 as a cause for termination of employment in Brazil

With the return to on-site activities, a growing number of employers in Brazil began to require proof of vaccination against Covid-19 as a measure to guarantee health and safety in the workplace. The possibility of requiring vaccination (including the possibility of dismissing for cause those employees who refuse vaccination without a valid reason) has been the subject of discussion within the government, Brazilian labour authorities, Brazilian labour courts, and companies, especially because of a recent regulation issued by the Ministry of Labor and Social Security that imposed restrictions on companies.

Released on Dec 15, 2021

Privacy in the era of Covid-19

The spread of Covid-19 has raised multiple questions, primarily relating to employment, performance of the labour function and protection of personal data of employees. This article considers general Covid-19 requirements for employers and employees, in the context of Russian data privacy legislation.

Released on Dec 15, 2021

Moving forward to the new workplace reality after the pandemic

With the return to work on-site and employers' general obligation to provide a safe workplace, discussions about mandated vaccination are increasing exponentially. Even though local rules vary for each country, employers are generally not allowed to simply demand vaccination, as certain exceptions must be considered, including for medical reasons or religious beliefs. In this context and until the pandemic is over, it is important for employers and employees to find the right balance between workplace safety and personal concerns.

Released on Dec 15, 2021