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Zimbabwe: Daring to hope for democracy

During the 1980s, South Africans weighed down by apartheid loved to travel to Zimbabwe, to breathe in the newly independent nation’s heady air of freedom and hope. Few would have forecast that during the next two decades there would be democracy in South Africa while Zimbabwe hurtled towards tyranny and collapse, prompting millions of citizens to head south or scatter across the world. Today, post-Robert Mugabe, people are daring to hope again. Prospects seem mixed but Sternford Moyo, the internationally r

American presidency: Revival of federal death penalty is five steps backwards for mankind

On 25 July, US Attorney General Thomas Barr announced that the federal government would resume executions of those who have been sentenced to death - designating five men on federal death row to be killed by lethal injection in December and January, for the first time since 2003.

Franchising in Denmark—Selected Topics

Franchising, as a business model and business expansion concept, has grown significantly in Den-mark over the recent decades as a result of foreign franchise systems being established in Denmark as well as Danish companies expanding globally via the use of the franchise model. The franchise model is therefore now a commonly used business model in Denmark.

International selling restrictions by jurisdiction - 2019-2021

The Capital Markets Forum has undertaken a project to monitor international selling restrictions. In the dropdown panels below, you will see information on selling restrictions in various jurisdictions that apply to offerings of equity securities by companies incorporated outside the jurisdiction. The information is accurate as of the date provided within the relevant link.

FIDIC Task Group 17

The State of Crowdfunding Regulation in the United States

In the United States, crowdfunding has evolved over the last five years to refer to several different funding approaches, including donation-based funding that is not a securities offering, and securities offered to anyone, including retail investors, pursuant to the criteria provided in the safe harbour rule ‘Regulation Crowdfunding’. This is a broad topic and this article focuses only on retail crowdfunding pursuant to Regulation Crowdfunding.

Art: private passion or private client asset? Report on a session at the IBA’s 25th International Private Client Conference

The panel addressed the multiple crossover legal issues and passions involved in the acquiring, holding and disposing of art.

Background checks in banks and conflicts with ban-the-box laws

In the US, numerous federal, state and local laws require banks to run criminal background and credit checks on employees and applicants for employment. These include the Federal Deposit Insurance Act, the Securities and Exchange Act, the Secure and Fair Enforcement for Mortgage Licensing Act, the Truth in Lending Act and various Financial Industry Regulatory Authority rules.

M&A in turbulent times – how to get the deal done (2024)

This session focused on four topics in regard to mergers and acquisitions (M&A): (1) redomiciliations, (2) spin-offs and demergers, (3) selected Organisation for Economic Co-operation and Development Pillar Two topics focusing on contractual clauses and (4) transfer taxes. For most of the agenda items, the local special rules and practical takeaways were highlighted.

France: statutes of limitations and cancellation of sale

The statutes of limitations applicable to different actors in the art market lack harmonisation. While both sellers and buyers are subject to the standard statute of limitations, auction houses and their experts benefit from a shorter five-year statute of limitations from the date of the auction.

Rule of law: Afiuni case has ‘chilling effect’ on Venezuela’s judiciary

In early November 2020, the Tribunal Supremo de Justicia (Supreme Tribunal of Justice or TSJ) in Venezuela affirmed a five-year prison sentence for Judge María Lourdes Afiuni on the charge of ‘spiritual corruption’ – an alleged offence that does not appear in the country’s criminal legislation. Critics say the TSJ’s decision is aimed at sowing fear among the country’s judiciary.

The off-channel communications headache

With regulators around the world stepping up their focus on off-channel communications, all businesses must ensure they’ve appropriate policies and procedures in place, as In-House Perspective reports.

China’s repression of ethnic minorities

While the authorities in Beijing refer to ‘re-education’ and countering terrorism, the growing suppression of the Uighurs in Xinjiang province mirrors a troubling country-wide assault on human rights.

Fear the Twitter and watch the Insta!: emerging commercial opportunities and regulatory risks as securities markets participants, regulators and digital influencers converge on social media

This conference session discussed how financial regulation and the regulation of securities offerings has evolved in the face of the growing use of social media by issuers, investors, broker dealers and intermediaries, and what more market participants and regulators can do to efficiently, but fairly, harness the power of social media.

The FDI Regime in Pakistan

This article provides a comprehensive examination of Pakistan’s legislative and policy framework for attracting and protecting foreign direct investment (FDI). It examines key legislative acts, including the Foreign Exchange Regulation Act 1947, the Foreign Private Investment (Promotion and Protection) Act 1976 and the Protection of Economic Reforms Act 1992, highlighting their significance in fostering a stable and investor-friendly environment. The article also examines the Investment Policies of 2013 and 2023, focusing on liberalisation efforts and facilitation measures such as the one-window operations and incentives for high-value sectors. The article provides comparative analysis with India and Bangladesh’s FDI regimes, which underscores similarities and differences, with a focus on regulatory measures, challenges and special programmes such as Make in India and Bangladesh’s open-door policy. The article further highlights Pakistan’s emphasis on Special Economic Zones and significant infrastructure projects such as the China-Pakistan Economic Corridor as key components of its strategy for attracting varied international investment.

Philippine lawyers at risk in President Duterte’s ‘war on drugs’

When Gil Aquino, a human rights lawyer in the Philippines, goes to court, it is no longer safe for him to go alone or travel in his own car. While on the road, his office tells him to be extra vigilant of his surroundings. These conditions – akin to life in a conflict zone – are a daily reality for many human rights defenders in the country, since President Rodrigo Duterte called for the shooting of those ‘obstructing justice’

Challenges doing justice in disputes about art theft and restitution of colonial art – the beauty and the beasts – IBA Annual Conference Miami 2022 session review

At the IBA Conference in Miami in November 2022, the Litigation Committee co-hosted a very interesting session on ‘Challenges doing justice in disputes about art theft and restitution of colonial art’ under the catchy subtitle ‘The beauty and the beasts’.

Criminal inadmissibility: cannabis and impaired driving offences

Canada has legalised the use of cannabis, but at the same time has increased penalties for driving under the influence of drugs or alcohol. The new provisions have considerable impact on foreign nationals who may now be rendered criminally inadmissible to Canada.

A Ghanaian case study on commercial paper: a blessing or a curse?

Commercial paper is a short-term debt instrument issued by companies. It’s typically used to raise funds quickly for various purposes, such as financing working capital needs, funding short-term projects or covering temporary cash flow shortages to finance short-term liabilities, such as augmenting working capital, fulfilling temporary cash flow gaps and addressing immediate financial obligations. Investors seeking a safe and short-term investment option often find commercial paper attractive due to its relatively low risk and competitive returns compared to other short-term investments.

Regulatory responses and challenges to the crisis for the asset management industry

The asset management and funds industry has been exposed to the most recent public health and economic crisis. A number of regulatory issues have been triggered, namely questions linked to the asset management of portfolios in a wider sense, the administration of funds as well as liquidity issues, on the level of both end investments and the funds. Further, the general regulatory restrictions imposed on an urgent and temporary basis have impacted the industry as a whole.

Exhaustion of rights and liability for joint tort – the hazards of e-commerce platforms

With the pandemic hitting hard, online shopping has become the new normal. The pandemic accelerated the shift towards a more digital world and fuelled e-commerce growth, not just on a business-to-consumer basis but on a consumer-to-consumer basis as goods and services become more ‘fluid’ and transactions become less territorial. This article considers the hazards of using e-commerce platforms for various transactions.

Editorial - April/May 2024

This is a momentous year. Throughout 2024, there’ll be an unprecedented number of countries - over 80 - holding elections, affecting more than half the world’s population.

Rule by law in Southeast Asia

IBA Global Insight Oct/Nov 2018. Authoritarian governments are gaining strength not through iron fists, but through the trappings of democratic institutions. Global Insight explores the considerable rule of law challenges across Southeast Asia.

30 jurisdictions participate in the first global IBA Women’s Day

On International Women’s Day 2023, the President of the International Bar Association (IBA), Almudena Arpón de Mendívil Aldama, announced the launch of the IBA Women’s Day; a worldwide event in celebration of women legal professionals. This inaugural event is aimed at guiding the younger generation of...

Why should anyone want to be a member of the Senior Lawyers’ Committee?

This article explores the work of the IBA Senior Lawyers’ Committee and the reasons to join the committee.

New IBAHRI report on Myanmar raises concerns about right to a fair trial

On 2 September 2022, the International Bar Association’s Human Rights Institute (IBAHRI) published a report entitled ‘Crackdown on Human Rights Defenders, Opposition, and the Right to a Fair Trial in Myanmar’. The report sheds light on the deteriorating situation in Myanmar since the coup d’état on 1 February 2021.

International Women’s Day: From the practice of law to the growing of seeds

'Thirty leading lawyers from all over the world came together virtually to celebrate the inaugural IBA Women’s Day on 8 March – International Women's Day. Many in-person discussions were also held in conjunction with the virtual event, aiming to inspire and guide the younger generation of female practitioners. Of course, our Association was already dedicating significant efforts to promoting gender equality, especially in the legal sector.

IBAHRI applauds victory for media freedom in landmark war crimes defamation trial

The IBAHRI commends the Federal Court of Australia’s recent ruling in the case of Roberts-Smith v Fairfax Media as affirmation of international human rights standards upholding media freedom and freedom of expression.

Twenty years on the frontline of international criminal justice

As Fatou Bensouda approaches the end of her tenure as ICC Prosecutor, Global Insight assesses the cases and events that have dominated her time at the Court and looks at the challenges that lie ahead for her successor.

From the Chair of the Closely Held and Growing Business Enterprise Committee

This time of the year is the moment for retrospective reflections, for a look into the future - and for New Year’s resolutions. For some jurisdictions it’s also the moment where one should show that they have behaved, in order to get the reward for it….