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Anti-corruption: unexplained wealth orders struggle to live up to the hype

In February, the Court of Appeal of England and Wales rejected a challenge to the country’s first unexplained wealth order (UWO). Introduced by the Criminal Finances Act 2017, UWOs can be issued when there is an obvious gap between the value of an asset – which must be worth at least £50,000 – and the income of the person who appears to own it.

Recent developments in the laws relating to online gaming and online betting in India

As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom

Online bets regime in Colombia

Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.

China bets on its Silicon Valley

IBA Global Insight Dec 2016/Jan 2017 - The Shenzhen-Hong Kong Stock Connect, due to launch by the end of this year, is a clear move to entice more foreign investors to China’s domestic capital markets. The new scheme will include direct access to the country’s ‘new economy’ companies.

Signed, sealed, enforced: The treaty that binds Italian and Brazilian judgments

The article analyses the 1989 Italy–Brazil treaty on judicial cooperation, focusing on the recognition and enforcement of commercial judgments. It outlines the historical background, the legal frameworks in both countries, and the procedural requirements for cross-border enforcement. A recent Italian Supreme Court case is analysed to illustrate how the treaty operates and especially how it is being used in resolving jurisdictional conflicts and balancing party autonomy with public policy limits. Thanks to the ruling of 2023 by the United Sections, it was finally possible to put an end to these divergences.

Black Lives Matter: the rejection of Rhodes and coloniality

On 17 June, the governing council of Oriel College, Oxford, United Kingdom, voted to remove a statue of college benefactor Cecil Rhodes, which has graced its High Street entrance for more than a century. The vote followed fierce debates, street protests, and an admonishment by the Chancellor of the University of Oxford.

UK government commences open consultation on signing and ratifying the Singapore Convention on Mediation

Since UNCITRAL opened the Singapore Convention on Mediation (the ‘Convention’) for signature on 7 August 2019, there have been 55 signatories and nine countries have ratified the Convention. The Convention, which came into force on 12 September 2020, aims to make the enforcement of mediated settlements in international commercial business-to-business disputes quicker and easier.

Black Lives Matter: reviewing US systemic racism under CERD and CAT

A webinar presented by the IBA Human Rights Law Committee, supported by the IBA Rule of Law Forum and the IBA's Human Rights Institute

IBA and Office of the Prosecutor General of Ukraine announce signing of Memorandum of Understanding

The IBA has signed a Memorandum of Understanding with the Prosecutor General’s Office of Ukraine on cooperation to ensure accountability for war crimes and other international crimes including the crime of aggression, genocide and conflict-related sexual violence.

Rule of law: despite apparent signs of progress Poland and Romania remain serious causes for concern

Poland’s ruling Law and Justice party proposed on 21 November an amendment to reverse a law requiring supreme court judges to retire at 65 instead of 70, following the decision of the Court of Justice of the European Union (CJEU) on the law in mid-October.

Competition damages actions in Portugal: learning to live with public enforcement (and labour markets)

Portugal has undergone a profound shift in competition enforcement in recent years, marked by more assertive public enforcement, most notably in the context of labour markets. In parallel, the emergence of class actions seeking large damages – driven by a permissive procedural regime – has placed new pressures on public enforcement, particularly leniency. While such claims risk undermining incentives to self-report, labour market cases appear less exposed to follow-on litigation, which likely explains why Portugal’s leniency regime is not as dormant as elsewhere. This article assesses these developments and considers how public and private enforcement could be better aligned going forward.

BHRC and IBAHRI urge President Joe Biden to rescind Executive Order 13928 signed by former President Trump

The Bar Human Rights Committee of England and Wales (“BHRC”) and the International Bar Association’s Human Rights Institute (“IBAHRI”) write to urge you to rescind Executive Order 13928 (“the Order”) signed by President Trump on 11 July 2020 following the Decision of the Appeals Chamber of the International Criminal Court (“ICC”) of 5 March 2020 authorising the investigation into alleged war crimes committed in Afghanistan.

Ukraine: IBA announces signing of MOU with Ministry of Justice and Coordination Centre for Legal Aid Provision

Navigating the intersection of longevity and real estate: legal and operational considerations for senior living in Portugal

As global demographic trends evolve, the real estate sector must adapt to meet the needs of an aging population. By 2031, it is anticipated that 75 per cent of people will live to at least 80 years old, creating an unprecedented demand for housing solutions that cater to older adults. Senior living concepts are an innovative response to this challenge, designed for independent seniors who seek a vibrant community living experience.

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.

Whistleblowing: signs of a shifting landscape

Whistleblowing and resulting revelations generate dramatic headlines. Despite deep-rooted challenges discouraging potential whistleblowers, significant developments are driving change.

Swiss Financial Services Act: legends and selling restrictions for cross-border offerings of securities under prospectus regime

Benjamin Leisinger. Swiss Financial Services Act: legends and selling restrictions for cross-border offerings of securities under prospectus regime - Securities Law Committee

Myanmar: scant signs of progress for displaced Rohingya

On 26 September 2019, 30 Rohingya Muslims were arrested in the south of Myanmar while travelling from Rakhine State to Yangon, where they planned to seek work or passage abroad. Local media reported that the 21 adults were sentenced to two years in prison with labour and the eight teenagers sent to a ‘youth training school’.

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Competing offers under the Indian takeover regime

Takeover laws in India enable the ‘white knight’ defence in the case of attempted hostile takeovers, by allowing competing offers to the public shareholders of the target company. While this provision has rarely been used, we seek to briefly analyse and delve into the growing pertinence of competing offers in the transforming landscape of the Indian economy and public markets.

Uber leak latest sign of weaknesses in European lobbying rules

In July, thousands of leaked confidential files exposed the extent to which Uber lobbied senior legislators across Europe at undeclared meetings to secure lucrative contracts and disrupt the continent’s taxi industry. ‘It's one of the most high-profile and wide-ranging examples of conduct that appears to push the boundaries,’ says Deirdre O’Mahony, Officer of the IBA Anti-Corruption Committee and a partner at Arthur Cox in Dublin.

Black Lives Matter: General Lee’s last stand

On 1 July 2020, new legislation in the state of Virginia, United States, will devolve decision-making on statues from state to municipal authorities, resolving a three-year dispute over the planned removal of an equestrian statue, in the city of Charlottesville. ‘Sad to see the history and culture of our great country being ripped apart with the removal of our beautiful statues and monuments,’ US President Donald Trump tweeted on 17 August 2017, amid violent protests over the statue.

IBAHRI co-signs statement urging Turkish authorities to end persecution of lawyers

A joint statement urging the Government of the Republic of Turkey to end the persecution of lawyers, reverse unlawful convictions and release those who have been unjustly detained, has been published in Turkish newspapers BirGün and Yeni Yasam by 35 international legal bodies.

ACC report offers surprising observations on in-house trends

In-House Perspective speaks to in-house lawyers about the key findings – on subjects from diversity metrics to privacy – of the Association of Corporate Counsel’s (ACC’s) ‘Legal department management benchmarking survey 2023’.

Black Lives Matter: toppling Colston - vandalism or vindication?

During the Black Lives Matter protests in the first week of June, a bronze statue of slave trader Edward Colston was toppled from a pedestal in Bristol, United Kingdom, dragged through the streets, and dumped in the harbour. A crowd applauded and cheered. ‘It could only have happened that way,’ said Bristol poet laureate Miles Chambers. ‘It could only have been ripped down.’ The UK Prime Minister Boris Johnson saw things differently.

Tax compliance in the context of live e-commerce

The webcasting industry has played an important role in the development of the digital economy and the emerging entertainment ecosystem in recent years, but this development has highlighted new issues in tax compliance for the live e-commerce industry.

Black Lives Matter: a challenge to the law

A webinar presented by the IBA’s Human Rights Institute (IBAHRI), 16 June 2020, 1800-1900 BST

IBAHRI signs open letter condemning imposition of national security law in Hong Kong

The International Bar Association’s Human Rights Institute (IBHARI) has joined 85 other organisations in signing an open letter expressing grave concern about the decision of China’s National People’s Congress to impose national security legislation on Hong Kong.

CJEU ruling on ‘safe’ countries offers crucial legal protection to migrants

A recent judgment from the Court of Justice of the European Union (CJEU) on Italy’s plan to process asylum applications offshore has provided migrants with crucial legal protection.

Rule of law: almost half the world living in poverty

The World Bank revealed in its 2024 Poverty and Shared Prosperity report that almost half the world’s population is living in poverty, subsisting on less than $6.85 per day