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Interview with Christopher Vadja KC

Christopher Vadja KC was the UK judge at the Court of Justice of the European Union (CJEU) from 2012 until the withdrawal of the UK from the EU in January 2020 when his mandate ceased. During that time, he was party to judgments in a broad spectrum of fields, including banking, competition and state aid, data protection and privacy, energy, environment, private and public international law, public procurement, sanctions, tax, trade and investment protection agreements, and transport.

Interview with Lord Richard Hermer KC

In this interview with IBA Multimedia Journalist Alice Johnson, Lord Richard Hermer KC, Attorney-General for England and Wales, discusses the essential role of international law in a world of rising tensions, efforts to improve the UK’s criminal justice system and the importance of promoting rule of law culture.

FRAND app stores

In this article, the authors propose some guiding principles to determine FRAND compliant app store fees. The authors argue that FRAND app store fees should reflect the incremental value of the services they offer, not the value of access to the market itself. They should also account for the value provided to app stores by hosting apps, reflecting the two-way exchange. Finally, they should not reflect the value of network effects, which is the source of market power for the gatekeepers. Such a price ensures that the gatekeeper and app developer are both fairly rewarded for the value of their services and is the most direct way to ensure both fairness and contestability in app distribution.

A conversation with... Karim A. A. Khan KC

Paris 2023 - Filmed interview with Karim Khan KC

Karim Khan KC is Prosecutor of the International Criminal Court (ICC).

Health apps and data privacy

Technology linked to health and fitness is big business. But the abundant data privacy issues are leading to increasing numbers of enforcement actions.

Inspirational legal women: a conversation with Fiona McLeod AO KC

An insightful discussion with Fiona McLeod

Interview with Karim Khan KC, Prosecutor at the International Criminal Court

James Lewis speaks to Karim Khan KC, who has been Prosecutor at the International Criminal Court (ICC) since 2021, about the challenges facing the Court, his areas of focus and the ICC’s work in jurisdictions such as the Middle East and Ukraine.

The Damages in International Arbitration (DIA) App

This article provides an introduction to the Damages in International Arbitration (DIA) app, an interactive web application prepared by the ICCA-ASIL Task Force on Damages following five years of work. It has been prepared on the basis of the author’s contribution at the 2022 IBA Day Istanbul in March 2022 in the panel chaired by Mark Friedman and including David Dearman and Smitha Menon. The DIA guides users through the key legal, quantitative and procedural issues implicated by quantifying damages in international arbitration. The article is illustrated with some screen shots from the DIA web application and also refers to Friedman’s presentation on the suggested Quantum Academy (see pages 69–78).

Covid tracing apps: a comparison of different approaches

As the global community struggled to contain the Covid-19 pandemic throughout 2020, various international governments incorporated new data-driven technologies within their suite of regulatory tools to reduce the spread of the coronavirus.

China adopts ‘carrot and stick’ approach to apps

China has witnessed continuing progress in personal data protection laws as well as the tightening of law enforcement in this field. Recently the authorities’ spotlight has been on mobile applications or apps, which are the most popular way that businesses collect personal information. Chinese authorities have adopted the carrot and stick approach by cajoling app operators into following the best practice, while aggressively going after violators to curb illegal apps

Arbitrability of disputes between apps and drivers in Uruguay

On 3 June 2020, a Court of Labor Appeals in Uruguay rendered the first local decision on enforcement of an arbitration provision between Uber and a driver using its app.

IBA launches series two with Fiona McLeod AO KC, Senior Counsel, during International Women’s Week

The International Bar Association (IBA) has launched Series 2 of its Inspirational legal women podcast during International Women’s Week to spotlight the experiences, leadership and perspectives of women shaping the legal profession.

India’s Reserve Bank tightens the regulatory framework for digital lending apps

Over the past few years, digital lending apps (DLAs) have greatly aided both business users and retail customers in India. However, to curb growing malpractice and the misuse of customers’ personal data, on 2 September 2022, the Reserve Bank of India (RBI) issued official guidelines to restrict the activities and improve the oversight of DLAs. All RBI regulated entities have until 30 November 2022 to put in place adequate systems and processes to ensure that all their digital loans are in compliance with the new guidelines.

President Zelenskyy honours IBAHRI Director Baroness Helena Kennedy KC with the Order of Merit of Ukraine

The IBAHRI has announced that its Director, Baroness Helena Kennedy of the Shaws LT KC, eminent British barrister, life peer and member of the United Kingdom’s House of Lords, has been awarded the Order of Merit of Ukraine of the III degree...

Digital therapeutics and AI-driven health apps: regulatory and intellectual property considerations

Determining a product’s classification is arguably one of the most important steps involving its initial assessment. Whether a product is considered a medical device, an in vitro diagnostic device (IVD) or a consumer product will dictate the specific product safety and compliance legislation that applies.

Technology meets justice: marking ten years of the eyeWitness to Atrocities app

The eyeWitness app was born out of a powerful idea: that technology could help bring justice to victims of the world’s worst crimes. So, eyeWitness partnered with LexisNexis to create a tech-driven solution – an app designed to help human rights defenders, journalists and civilians document and report atrocity crimes in conflict zones and high-risk areas in a way that ensures the evidence can be used in legal proceedings at the highest level.

Russia-Ukraine war: eyeWitness to Atrocities app captures potential evidence for trials

As Russia’s war against Ukraine rages and allegations of war crimes grow, gathering evidence that can later be used in a court of law to bring any transgressors to justice becomes ever more necessary. To this end, the eyeWitness to Atrocities app is being used in Ukraine to capture potential evidence of crimes committed in a verifiable format to be submitted in future cases.

IBAHRI Director Baroness Helena Kennedy KC appointed to The Order of the Thistle by King Charles III

The Director of the IBAHRI, Baroness Helena Kennedy of the Shaws, KC, has been appointed Lady of the Most Ancient and Most Noble Order of the Thistle by King Charles III.

Baroness Helena Kennedy LT KC appointed Chair of the High Level Panel of Legal Experts on Media Freedom

Baroness Helena Kennedy LT KC has been appointed to serve as the new Chair of the High Level Panel of Legal Experts on Media Freedom. She succeeds The Rt Hon the Lord Neuberger of Abbotsbury after his five-year tenure as the expert body’s inaugural Chair.

Digital therapeutics and AI-driven health apps: sanitary regulatory and IP considerations in Argentina

This article examines the legal status of digital therapeutics and artificial intelligence (AI)-driven health applications within the Argentine regulatory framework, focusing on their potential classification as a medical device or software as a medical device (SaMD) from a local law perspective, the data protection obligations that the processing of health-related information triggers and the intellectual property considerations applicable to software and AI-based health technologies.

Innovative eyeWitness to Atrocities app is focus of IBA and JustTalk Ukraine technology event

The International Bar Association (IBA) and JustTalk Ukraine hosted an event in Kyiv to explore the use and efficacy of new technologies in military conflict. Titled ‘Technology in the fight against war crimes: challenges and paths to justice’ the event brought together experts, practitioners and international partners...

Ukrainian court cases rely on footage captured with the IBA-founded eyeWitness to Atrocities app

Footage captured in war-torn Ukraine using the International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) controlled-capture phone app has been used to fortify four cases before the country’s courts. The tamper-proof photo, video and audio footage captured using the eyeWitness app…

Digital therapeutics and AI-driven health apps: regulatory and IP considerations from a Colombian legal perspective

This article examines Colombia’s framework for digital therapeutics and artificial intelligence (AI) driven health apps, linking medical record obligations and data protection requirements to Software as a Medical Device (SaMD) workflows. It outlines the legal status of medical records, the interoperable electronic medical records (HCEI), and safeguards for automated processing, including consent and algorithm auditability. The regulatory section maps current INVIMA registrations and notes the absence of autonomous AI approvals, highlighting reliance on FDA/EU authorisations for homologation. The IP analysis addresses patentability limits for software, protection of computer implemented inventions, and complementary tools such as copyright, industrial designs, trademarks, and trade dress.

eyeWitness app authenticating potential evidence of war crimes is shortlisted for UK ‘tech for good’ award

The International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) app and organisation have been shortlisted in the ‘tech for good’ category of the 2024 UK tech awards, amid an ever more difficult landscape of international conflicts. These awards celebrate outstanding achievement in this rapidly...

New article analyses Covid-19 digital contact tracing apps from a business and human rights perspective

In the context of the Covid-19 pandemic, with governments adopting unprecedented technologically driven measures to deal with the emergency, the International Bar Association’s (IBA) Legal Policy & Research Unit (LPRU) and the IBA Business Human Rights Committee have published Digital contact tracing for the Covid-19 epidemic: a business and human rights perspective.

A message from the Co-Chair of the Alternative and New Law Business Structures Committee, Dr Paul D Paton JSD KC

The Co-Chair of the Alternative and New Law Business Structures Committee, Paul D Paton, shares a message reflecting on the committee’s successful events in the past few months and looks forward to the year ahead.

eyeWitness to Atrocities app reaches 10,000 milestone of verifiable photos and videos relating to war in Ukraine

Russia’s invasion of Ukraine has led to hundreds of human rights defenders in the embattled country downloading the eyeWitness to Atrocities camera app and submitting 10,000 verifiable videos, photographs and audio files of alleged war crimes. These pieces of potential evidence represent the largest haul for the app in a single conflict zone to date. The 10,000 milestone demonstrates Ukrainian human rights defenders’ desire to ensure that declared violations are captured and processed in a way that is acceptable for investigators and courts of law.

Contact tracing apps and human rights – the role of the business sector to prevent a digital rights pandemic

A webinar presented by the IBA Legal Policy and Research Unit and IBA Business Human Rights Committee, 25 June 2020, 1300-1400 BST.

eyeWitness to Atrocities app surpasses collection of 20,000 verifiable items of potential human rights violations in Ukraine, and group submits evidence to UN COI

In Ukraine, users of the eyeWitness to Atrocities camera app have safely deposited, in the eyeWitness secure vault, 20,000 verifiable videos, photographs and audio files of alleged war crimes since the start of Russia’s invasion.