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Interview with Mr Yeongho Shin, Director General, Anti-Monopoly Bureau, Korean Fair Trade Commission

Interview with Mr Yeongho Shin, Director General, Anti-Monopoly Bureau, Korean Fair Trade Commission.

IBAHRI urges Sri Lanka to abide by due process in the case of Mr Heejaz Hizbullah

In an open letter to Sri Lanka’s Minister of Justice, the Hon. Nimal Siripala de Silva, the International Bar Association’s Human Rights Institute (IBAHRI) has called upon the country’s government to abide by due process and uphold the rule of law in the case of Sri Lankan lawyer Hejaaz Hizbullah.

IBAHRI open letter to Mr Trump addressing human rights in the US reissued ahead of inauguration

News release: Thursday 12 January 2017. Ahead of the forthcoming inauguration of the new President of the United States of America, the International Bar Association’s Human Rights Institute (IBAHRI) is republishing an open letter first sent to President-Elect Donald Trump in December 2016 in which he is called upon to prioritise human rights in the US.

Responses received from Mr Wu Zhenguo, Director General, Anti-monopoly Bureau of the State Administration for Market Regulation

Responses received from Mr Wu Zhenguo, Director General, Anti-monopoly Bureau of the State Administration for Market Regulation.

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

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.

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 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.

Mediating Disputes Involving Chinese Parties

Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.

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.

Rule of Law Symposium 2012, Dublin

Following a keynote address delivered by Bernard Kouchner, French Minister of Foreign and European Affairs until November 2010, a panel of international commentators joined Mr Kouchner to discuss whether the rule of law is relevant for the 21st century global community and responded to issues raised in the keynote address.

The European automotive and mobility service industry: transformation and revolution – IBA Annual Conference Paris, 2 November 2023

On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.

IBAHRI urges US President Joe Biden to drop all charges against Julian Assange

The IBAHRI urges United States President Joe Biden, to drop all charges against Australian WikiLeaks founder Julian Assange in relation to the Wikileaks publication, in 2010, of more than 250,000 leaked classified documents – exposing alleged human rights abuses allegedly perpetrated by the US army during the Afghanistan and Iraq wars.

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.

Interview with Mary Robinson

Mary Robinson, former President of Ireland and current United Nations Special Envoy on Climate Change, discusses climate justice – the intersection of human rights, development and climate change - in this interview from the International Bar Association Annual Conference 2014 in Tokyo. What actions can and should the international community be taking on this crucial issue? The interview also looks at the IBA’s recent report on climate justice

The recognition at common law of Nigerian adoption orders in the UK and the role of the 1993 Hague Convention on Intercountry Ad

Nigeria is not a signatory to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption to enable Convention adoptions, and it is no longer on the list of designated countries through which a foreign adoption may still be recognised by English law.

IBAHRI welcomes Julian Assange’s release from prison with US plea deal, ending lengthy legal battle

The International Bar Association’s Human Rights Institute (IBAHRI) has welcomed Australia’s WikiLeaks founder Julian Assange being freed from prison

Rwanda: IBAHRI condemns unfair trial leading to conviction of Paul Rusesabagina

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the numerous violations of fair trial rights leading to the 25-year sentence against Paul Rusesabagina, the exiled Rwandan dissident.

FCPA Enforcement: 2020 and beyond

On Tuesday 9 March, the IBA Anti-Corruption held a webinar entitled ‘FCPA Enforcement: 2020 and beyond’ at 1500 GMT.

Private Equity Transactions Symposium 2020 - 8 October

A virtual conference presented by the Private Equity Subcommittee of the IBA Corporate and M&A Law Committee, 7-8 October 2020

Sudan: IBAHRI issues joint statement expressing concern over arrest and detention of lawyer Montaser Abdullah

The International Bar Association’s Human Rights Institute (IBAHRI) has issued a joint statement expressing deep concern over the arbitrary arrest and detention of Sudanese lawyer Montaser Abdullah since 7 September 2024 by the Sudanese Armed Forces. Mr Abdullah has provided legal representation for the…

Private Equity Transactions Symposium 2020 - 7 October

A virtual conference presented by the Private Equity Subcommittee of the IBA Corporate and M&A Law Committee, 7-8 October 2020

IBAHRI condemns arrest and right violation of Kremlin critic Alexey Navalny

The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the arrest of Alexey Navalny, prominent anti-corruption activist and outspoken critic of President Vladimir Putin and the Russian Federation State. The IBAHRI also condemns the infringement of Mr Navalny’s right to a lawyer, as reported by his spokesperson Kira Yarmysh.

IBAHRI reiterates its call to halt possible extradition of Julian Assange and uphold media freedoms

IBAHRI urges dropping charges against Assange, defending freedom of expression, information, and media in democratic societies.

Webinar report: EU Whistleblower Directive: status of its implementation and related issues

A session report for the Anti-Corruption webinar ‘EU Whistleblower Directive: status of its implementation and related issues.

IBAHRI condemns Alexei Navalny attack and calls for an open, fair and independent investigation

The International Bar Association’s Human Rights Institute (IBAHRI) is deeply concerned by the news of the probable poisoning of lawyer, prominent anti-corruption activist and outspoken critic of President Vladimir Putin and the Russian Federation State, Alexei Navalny. The IBAHRI calls for an open, impartial and independent investigation into the situation…

IBAHRI condemns former South African president Jacob Zuma’s non-compliance with apex court order

The International Bar Association’s Human Rights Institute (IBAHRI) condemns former South African president Jacob Zuma’s non-compliance with a Constitutional Court of South Africa order to appear before the Commission investigating corruption allegations made against him. The Court’s 28 January 2021 order was handed down after Mr Zuma walked out of proceedings on 19 November 2020, without permission from Deputy Chief Justice Raymond Zondo who is leading the corruption probe.

IBA and IBAHRI condemn attempted assassination of Mohamed Nasheed

The International Bar Association (IBA) and the International Bar Association’s Human Rights Institute (IBAHRI) condemn the attempted assassination of former Maldives President, Mohamed Nasheed. The organisations call for an impartial and independent investigation into the attack, and to ensure fair trial standards and due process are observed as the perpetrator(s) are held to account.

Planning for the US person moving to Europe

This panel at the IBA 2020 - Virtually Together conference discussed various income tax and estate/gift tax planning issues that arise when a person from the United States relocates to Europe. A case study was presented, for which each of the panellists provided commentary regarding the tax treatment in their various jurisdictions: France; Italy; Spain; Switzerland; and the UK respectively.

IBAHRI activities in Kazakhstan in 2019

A summary of the 2019 IBAHRI activities in Kazakhstan.