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Issue 12 – Friday 10 July 2020

The 12th issue of the IBAHRI Covid-19 Human Rights Monitor covers topics including conditions of slavery for domestic workers, quarantine restrictions on refugee camps in Greece and the impact of the virus on those living in informal settlements. Also: the disproportionate number of Covid-19-related deaths that have occurred in institutional settings for people with disabilities.

Issue 8 – Friday 12 June 2020

The eighth edition of the IBAHRI Covid-19 Human Rights Monitor covers topics including: an alarming increase in violence against women during the pandemic, the heightened risk to those who live in informal settlements and threats to freedom of assembly worldwide.

12 October: Schengen countries start implementation of the new Entry/Exit System (EES)

On 12 October 2025, Schengen countries began phasing in the Entry/Exit System (EES), set to be fully operational by 10 April 2026. Replacing passport stamps, the EES records entry, exit and biometric data at external borders of 29 Schengen states. It applies to third-country nationals on short stays (visa-required or exempt) but excludes long-stay visa holders, residents and nationals of Norway, Iceland, Liechtenstein and Switzerland. The system enforces the 90/180-day rule, detects overstays and combats identity fraud. While designed to speed up border checks, travellers may face longer waiting times during the initial biometric enrolment.

Report on Tables 11 and 12 of Interactive Workshop: Selected corporate topics connected to developments and consequences of the global pandemic – part one

Report on session at 6th IBA Global Entrepreneurship Conference, 16 – 17 May 2022, presented by the IBA Closely Held and Growing Business Enterprise Committee

The role of pro bono work within the Swiss legal system in promoting and strengthening the rule of law in underserved communities

Although the significance of classical pro bono work in the Swiss legal system seems more limited than in common law jurisdictions, the system nonetheless offers a variety of options for underserved communities to obtain access to justice at no or at least reduced cost. While these options do not qualify as actual pro bono services in the strict sense, they all help to promote and strengthen the rule of law. Yet, there still seems to be room for improvement in order to better support the access to justice of the (lower) middle class that does not qualify for legal aid.

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 regulation of artificial intelligence – progress and challenges

Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.

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.

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

Women in power

In a year of significant elections, Global Insight examines why women are underrepresented as candidates for office in many countries.

Regulatory responses to the global pandemic: what next for life sciences companies?

Regulatory responses to the global pandemic: what next for life sciences companies?. Laura Orlando, Martina Maffei, Frederic Chevallier, Lourdes Fraguas, Ina vom Feld, Jonathan Turnbull

An Analysis of the Broader Implications of the European Commission’s International Skating Union Case

On 8 December 2017, the European Commission decided that the International Skating Union’s (ISU) Eligibility Rules breached EU competition law. The rules provided that an athlete could be sanctioned for participating in an event not authorised by the ISU. The Commission thus examined whether the rules unlawfully restrict competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU) by establishing a pre-authorisation procedure for third-party organisers and imposing sanctions

IBAHRI welcomes the renewal of the mandate of the Independent Expert on sexual orientation and gender identity

The International Bar Association’s Human Rights Institute (IBAHRI) welcomes the renewal of the United Nations Independent Expert (IE) on sexual orientation and gender identity (SOGI). Created in 2016 for an initial period of 3 years, this mandate was set up to respond to a specific pattern of violations directed against persons because of their SOGI.

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.

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.

Landmark ruling of the Court of Justice of the European Union on airport charges: Case C-379/18

This article focuses on a ruling of the Court of Justice of the European Union concerning the competence of the Independent Supervisory Authorities to determine of airport charges. Through analysis of the ruling in question and identification of the peculiarities of the Italian system, this article provides an overview of the main legal barriers to the implementation of Directive 2009/12 on airport charges.

IBA European Regional Forum annual retreat

Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.

Anti-trafficking legislation around the world - recent US and global trends

The global focus on human trafficking has led to a recent proliferation of laws, with substantive US trends mirroring those seen in countries around the world. For policymakers considering potential legislative enhancements, the body of laws provides ample choice for potential inspiration.

Swiss Parliament passes bill to amend Swiss law of international arbitration

On 19 June 2020, Switzerland’s Parliament approved the bill to revise Chapter 12 of the Swiss Private International Law Act. The bill maintains all the key features that have made Swiss arbitration law successful and achieves incremental improvements in selected areas. The new law will further strengthen Switzerland’s role as one of the world’s leading centres for international arbitration. It is expected to enter into force in 2021.

Proposed amendments to Switzerland’s anti-money laundering and sanctions framework

An article on proposed amendments to Switzerland’s anti-money laundering and sanctions framework by Matthias Gstoehl and Benoit Mauron.

Italy – its unusual route towards a ‘single ultra broadband network’

A robust broadband infrastructure is vital for a country’s economic growth and technological advancement. With this in mind, the Italian Government has set the objective of ensuring broadband internet access for every household.

Comparative observations on pilot licencing: Mexico, Canada and the United States

International private aviation flights, also known as general aviation, can be conducted with minimal additional licensing requirements. This offers more efficient business travel for clients with access to general aviation aircraft.

Switzerland’s revised international arbitration law from a litigation perspective

Switzerland is one of the leading places for international arbitration proceedings and enjoys an excellent reputation, not least due to the internationally recognised Chapter 12 of the Swiss Private International Law Act (PILA), which conclusively governs Switzerland’s international arbitration law.

Update on the complexities of Hong Kong surrogacy law: parental orders, criminal liability and the authorisation of expenses

During the pandemic, two recent Hong Kong High Court cases may have opened the door to relaxing Hong Kong’s legislative restrictions on surrogacy and possibly formal law review and reform.

Exploring Resources in Extreme Cold Environments – the Antarctica Case: Feasibility or Fantasy?

This article assesses the feasibility and implications of resource exploration and exploitation in Antarctica. It discusses mineral and freshwater exploration in the light of the continent’s geological features and improved accessibility owing to the melting ice caps. Analysis of legal frameworks, such as the Antarctic Treaty System and conservation conventions, reveals challenges in regulating exploitation. Geopolitical dynamics surrounding resource exploitation are addressed, identifying interests and conflicts among stakeholders. By integrating these aspects, the article offers initial insights into the opportunities and obstacles of resource exploitation in Antarctica, aiming to facilitate decision-making and policy formulation in this unique and delicate environment.

The legal landscape for fintech in Pakistan

In recent years, Pakistan has experienced rapid growth and innovation in fintech, reshaping the landscape of financial services within the country. This article aims to discuss the regulatory framework governing fintech in Pakistan.

Most favoured nation clause applicable to royalties covered by the Colombian tax treaty network

The Double Taxation Treaty between Colombia and the United Kingdom entered into force on 1 January 2020, and unlike other treaties in force, it excluded payments for technical services, technical assistance and consulting services from Article 12 (Royalties). Therefore, absent a permanent establishment, payments for those services would no longer be subject to a ten per cent withholding tax but would be treated as business profits. On these grounds, the analysis of the most favoured nation clauses agreed between Colombia and other countries became critical. The analysis was performed by Colombia's tax authority in a ruling issued in early 2020. Although official rulings are not binding to taxpayers, they are mandatory to tax officials. The analysis is explained in this article.

Indian Competition Law: a Comprehensive Analysis of MSMEs and Bid Rigging

The Punjab Haryana and Delhi Chamber of Commerce and Industry, India (PHDCCI) held an illuminating webinar on ‘Competition Law – Recent Developments and Impacts’, on 3 March 2021, covering areas of competition law in India, new trends emerging and their effect on the market. The practices with respect to competition law among micro, small and medium enterprises (MSMEs) are not currently well understood and need to be looked at more closely to improve understanding and engender a better competitive climate in the Indian market.

Permanent residency investment visas in Brazil: the new real estate investment visa

This article deals with permanent residency visas based on investments in real estate property in Brazil. Contrary to what may have been previously thought, Brazil’s federal legislation has a vast range of investment visas, which may grant permanent residency and a future path to nationality. Among these, it is worth mentioning the permanent residency visas based on investments in real estate property in Brazil. This sort of permanent residency was introduced under the Immigration National Council’s (Conselho Nacional de Imigração—CNIg) Legal Resolution No.36 of 2018.

The implementation of new technologies under Colombian law and incorporation of artificial intelligence in judicial proceedings

Since the end of the last century, Colombian law has regulated the use of technology within judicial proceedings. Under Article 95 of Law 270 of 1996, it was established that courts should make efforts to incorporate new technological advances in justice administration services. Additionally, Law 270 recognised legal validity to documents executed by electronic means.