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Comment and analysis - Black Lives Matter: protests prompt President Trump to unleash his inner authoritarian

In 1968, after the race riots of the civil rights era tore America apart, the Kerner Commission concluded that ‘abrasive policing tactics’ only escalate violence. The 21-year-old Donald Trump instead absorbed the lesson drawn by the segregationist presidential candidate George Wallace: ‘When the looting starts, the shooting starts.’ Trump’s violent antipathy to protest goes well beyond looters.

IRAN: Organisations express concern over arbitrary imprisonment of Dr Reza Eslami and call for his release

In an open letter to His Excellency Ayatollah Ali Hosseini Khamenei, Supreme Leader of the Islamic Republic of Iran, the International Bar Association’s Human Rights Institute (IBAHRI) and other institutions call on him to take urgent, immediate action to release human rights professor Dr Reza Eslami and other political prisoners arbitrarily imprisoned.

Mongolia must uphold its obligations as an ICC State Party – arrest Vladimir Putin or cancel his visit

President Vladimir Putin of Russia will make a visit to Mongolia starting on 3 September. Mongolia is a State Party to the Rome Statute of the International Criminal Court (ICC). As a State Party, Mongolia has obligations under the Rome Statute, including the obligation to…

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

Ground conditions and design liability

Chinese authorities’ use of Covid-19 pandemic to restrain human rights lawyer condemned by human rights defenders

The International Bar Association’s Human Rights Institute (IBAHRI), together with a number of concerned bodies and non-governmental organisations, has issued a joint statement condemning the Chinese authorities’ use of the COVID-19 pandemic as a pretext to restrain human rights lawyer Wang Quanzhang.

Turkey's future

The country has always held a position of strategic importance, with potential EU membership suggesting a commitment to the rule of law. Following President Recep Erdogan’s recent re-election, Global Insight assesses some of the stances the increasingly authoritarian leader is likely to adopt.

In memoriam: George Bizos

IBA Global Insight October/November 2020: George Bizos, famously known as Nelson Mandela’s lifelong friend and lawyer, has died in Johannesburg aged 92. He was a junior advocate on the illustrious team of lawyers that defended Mandela in the Rivonia trial that saw him sentenced to life in prison.

Morsi’s death highlights inhumanity of Egypt’s prisons

IBA Global Insight Aug/Sept 2019: Former Egyptian President Mohamed Morsi’s death has raised serious questions about his treatment and the neglect of thousands of political prisoners.

In memoriam: Claudio Undurraga

In memoriam: Claudio Undurraga (1940-2022), founding partner of Prieto and former Chair of the Latin American Regional Forum.

The US Bar versus William Barr

IBA Global Insight, Oct/Nov 2020: Accused of politicising justice, Attorney General William Barr has pushed United States lawyers to the barricades

Trump’s Presidency: The trials of Paul Manafort

The lurid revelations have highlighted just how debased Western political and business culture have become. By tracking Paul Manafort’s trial and guilty plea, Global Insight highlights what needs to change, from abuse of shell companies to prosecuting kleptocrats.

In memoriam: Sternford Moyo

Few individuals have made an impression on the IBA and the legal profession quite like Sternford Moyo, former IBA President (2021–2022), who passed away on 5 July.

Ten years after the Arab Spring

Global Insight focuses on Tunisia, where it all started, to assess what’s happened since.

New order or deepening divisions?

IBA Global Insight August/September 2017 - United States President Donald Trump described his tour of the Middle East as ‘a monumental, epic trip’. After his departure, an already unstable region reeling from public revolt, repression, wars and ethnic tensions appears to have been plunged further into chaos and uncertainty.

Legal advisor to Aung San Suu Kyi and Myanmar government shot dead in Yangon

The fatal shooting of Ko Ni, a prominent lawyer and legal advisor to the Myanmar government, on Sunday, sent shockwaves through the country where political assassinations are extremely rare. Ko Ni was a legal advisor to Aung San Suu Kyi’s National League for Democracy and a former political prisoner. He was an outspoken critic of the military’s involvement in politics and religious intolerance in his country. Ko Ni worked with the IBA many times.

Human rights news from the IBA - February/March 2017

IBA Global Insight February/March 2017. Trump presidency: many ‘fear rights won over years are in jeopardy’; Legal advisor to Aung San Suu Kyi and Myanmar government shot dead in Yangon; Brazil prison riots spark call on legal profession

Deep tensions in Saudi Royal Family

While Crown Prince Mohammed bin Salman has the unswerving support of the US administration, his reckless rule has provoked destabilising opposition closer to home.

The Austrian Supreme Court and Franz West

This article summarises two decisions of the Austrian Supreme Court dealing with formal requirements for transferring works of art into a private trust under Austrian law.

The authoritarian threat to America

Donald Trump is on track to become the Republican Party’s nomination for US president, Global Insight considers what a second presidential term for Trump would look like and what it would mean for the rule of law in the US.

Singapore: Ravi Madasamy receives IBA Human Rights Award 2023

Lawyer Ravi Madasamy has received the 2023 Award for Outstanding Contribution to Human Rights for his extraordinary dedication to defending human rights, and the abolition of the death penalty in the Republic of Singapore.

Human trafficking: Canadian court confirms statutory tort applies to temporary foreign workers

This article looks at the recent decision of the Ontario Superior Court of Justice involving a temporary foreign worker. As a result of this ruling, there is now some prospect that statutory claims may be available in human trafficking cases, including those involving labour brokers where the worker can establish exploitation.

In memoriam: M Cherif Bassiouni

IBA Global Insight December 2017/January 2018: Cherif Bassiouni was a friend andmentor to many leading figures in the field of international law who describe him as a warm, generous and wise man. The Egyptian-American law professor, known to the world as the ‘father of international criminal law’, passed away in his home on 25 September, aged 79.

Prosecuting a presidential hopeful

Former US President Donald Trump faces legal jeopardy – not least in a criminal case involving confidential government documents – even as he fights to contest the 2024 presidential election.

The year of elections: The US election and Mueller’s legacy

Robert Mueller’s investigation into interference in the election that saw Donald Trump become President offered shocking revelations. Global Insight assesses whether enough has been done to learn the lessons and protect US democracy.