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America’s withdrawal from human rights

IBA Global Insight Aug/Sept 2018. Though America argues that its withdrawal from the United Nations Human Rights Council is not a retreat from human rights, it looks very much that way. From family separation to ‘millions living in Third World conditions of absolute poverty’, the situation looks increasingly dire.

Comment and analysis: Afghanistan and the US withdrawal

There are serious concerns for the future of women’s rights and the rule of law. But there are slight glimmers of hope that ending the military stand-off might pave the way for moderating the Taliban

Climate partnerships bolster Paris Agreement despite US withdrawal

Just over a year ago, to no one’s surprise, US President, Donald Trump, announced his intention to withdraw the country from the Paris Agreement on climate change. As the world’s second-largest emitter – behind China – the non-participation of the US in the historic 2015 deal has been widely viewed as a potential disaster. But, despite the move, most governments resolved not to waver in their commitment to the deal. Some in the climate community meanwhile called on US states, businesses and citizens [...]

IBAHRI condemns Turkey’s withdrawal and Poland’s stance on Istanbul Convention

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the Turkish President Recep Tayyip Erdogan’s decision to withdraw from the Istanbul Convention and the Polish government’s proposal to replace the Istanbul Convention with an alternate treaty between Poland and surrounding European states.

US withdrawal from Paris Agreement sparks debate over legal ramifications

In the aftermath of the US leaving the Paris Agreement on climate change, its opponents have been exaggerating its legal effect, and environmentalists playing it down. Trump’s supporters contend that staying in the Agreement could have weakened the US legal position on climate change, both in terms of international damages suits and domestic regulatory actions. Seizing on the plain language of Article 4 of the Agreement, they argue that a nation may only adjust its ‘contributions’ to climate control upward

Once challenged, should an arbitrator withdraw? A consideration of Nigerian jurisprudence

In a recent decision, the High Court of Lagos set aside an arbitral award entered against Global Gas and Refinery Limited (GGRL) and in favour of Shell Petroleum Development Company (SPDC), on the grounds that the president of the tribunal fell short of the required standard of disclosure by omitting to disclose his participation as an expert in an earlier (unrelated) litigation involving the parent company of SPDC. The Court held that the president of the tribunal was obliged to recuse himself once his appointment was challenged, even where the arbitral institution under whose auspices the arbitration was being conducted (the International Court of Arbitration of the International Chamber of Commerce (ICC)), had dismissed the challenge. The GGRL decision has generated much controversy.

IBAHRI condemns Poland’s planned withdrawal from treaty protecting women from violence

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the Polish government’s 25 July 2020 decision to withdraw from the Istanbul Convention – a landmark European treaty that is the world’s first binding legal instrument to prevent and address violence against women and girls, including rape.

Navigating LLC exits in Ukraine - the right of withdrawal and its practical implications

The right to withdraw (exit) from a Ukrainian LLC is a nuanced legal instrument that simultaneously safeguards minority participants (shareholders) and preserves business continuity. This article offers a practical overview of the statutory thresholds governing withdrawal from an LLC, the procedural mechanics of an exit, available solutions for resolving 50:50 deadlocks, and the principles applicable to determining the fair market value of a participant’s share.

US presidency: Trump administration withdraws from dozens of international organisations in unprecedented move

In January, President Donald Trump signed a presidential memorandum pulling the US out of 66 international organisations and instruments, including 31 UN entities. His administration views the organisations as being ‘wasteful, ineffective, and harmful’ to America’s ‘sovereignty, freedoms, and general prosperity’, while commentators say the exit of the US is a blow to decades of international norm setting, with implications for the operations of bodies tackling some of the world’s most pressing challenges by promoting peacebuilding, human rights, the rule of law and climate action.

US presidency: Trump administration withdraws from dozens of international organisations in unprecedented move

Food security: Russia’s withdrawal from grain deal could push 100 million people into hunger

The Russian Federation’s withdrawal from the Black Sea Grain Initiative with Ukraine, announced in mid-July, represents a major setback for global food security.

Climate crisis: Energy Charter Treaty reforms languish as EU heads for exit

At a time of accelerating climate breakdown and heightened energy security concerns, there’s a great need to defuse costly arbitration claims under the 1994 Energy Charter Treaty (ECT) – which, it’s argued, constrains the energy transition. Yet resolution remains elusive.

Turbulent year tests International Criminal Court’s credibility

It’s been another turbulent year for the International Criminal Court (ICC). First, Russia withdrew its signature from the founding Rome Statute in late 2016. Since then, several other countries, particularly in Africa, have threatened to withdraw from the tribunal or pull back their support.

The approval clause as a limit to company share transfers: a comparison between SRL and SPA regulation

This article analyses the statutory approval clause, taking into account recent case law, and compares the rules governing joint stock companies and limited liability companies in Italy on this topic.

Brexit: New Era for Recognition and Enforcement of English Judgments in Europe or Turning Back the Clock? Lessons to Be Learned

For decades, the United Kingdom has been one of the main resolution centres for cross-border disputes, notably for the bespoke solutions that can often be reached thanks to the flexibility of the common law system. A major contributing factor to this success has also been the efficacy of UK decisions, which are easily enforceable throughout Europe by the operation of the Brussels I Recast Regulation and the 2007 Lugano Convention.

Internal Market Bill prompts questions on UK’s commitment to rule of law

In early September, the British Government introduced its proposed Internal Market Bill to parliament, a piece of legislation that has quickly become highly contested. Ostensibly intended to protect the United Kingdom’s internal markets if negotiations on a post-Brexit trade deal with the European Union break down, the Bill’s text has raised questions about the UK’s commitment to the global rules-based order.

Climate crisis: US exit from Paris Agreement deals blow to international cooperation

Since returning to the White House, President Donald Trump has gone further and faster in gutting US climate action than in his last term

Violence against women: UK ratifies Istanbul Convention but excludes protection for migrants

The UK ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence (known as the ‘Istanbul Convention’) in late July, ten years after first signing it.

Dismantling of USAID and foreign funding freeze jeopardises rule of law and human rights globally

President Donald Trump’s administration is dismantling the US foreign aid agency

Issues arising on termination of a construction contract

We were privileged to be tasked with chairing the first International Construction Projects (ICP) Committee session at the IBA Annual Conference in Rome on Tuesday 9 October 2018, with our designated topic being ‘Issues arising on termination of a construction contract’.

Legal and business news analysis - October/November 2020

IBA Global Insight October/November 2020: Internal Market Bill prompts questions on UK’s commitment to rule of law; Spotlight on virtual networking at IBA 2020 – Virtually Together Conference; IBA launches Doing Business in Asia Pacific; IBA webinar programme continues into autumn; New LPRU and BHR Committee contribution paper on ‘Human Rights Due Diligence for Artificial Intelligence’; Ad Hoc Digital Economy Working Group Submission to the European Commission; New podcast on the 2021 agenda for the US

From courtrooms to contracts: navigating non-compete covenants through Italian case law

This article aims to highlight the most critical aspects of post-contractual non-compete covenants for subordinate employees, considering the latest developments in case law. Italian regulations strive to balance the protection of a company’s assets with the right to work. Case law plays a significant role in interpreting the legal requirements; this article analyses areas of uncertainty such as the amount and method of payment for due consideration, the scope of the agreement and the possibility of employer withdrawal, which companies must consider when drafting relevant contractual agreements.

FIDIC – Construction Law International – October 2023

Brexit and the impact on the banking and financial industries

A report on a session which discussed UK banks banking in the EU and EU banks banking in the UK, and asked whether third country banks (ie, non-UK/non-EU banks) are in a better position.

Between a rock and a hard place: when China’s merger commitments to supply meet US export controls

This article reviews recent US export control rules impacting China and relevant Chinese merger control practice, and considers the implications of the regulatory tension between the two regimes for parties involved in a China merger review or subject to China merger remedies.

IBAHRI welcomes High Court order against South Africa’s exit from the ICC

News release: Friday 24 February 2017. The International Bar Association’s Human Rights Institute (IBAHRI) welcomes the ruling by South Africa’s North Gauteng High Court ordering the Government to revoke its notice of withdrawal from the International Criminal Court (ICC).

What’s stopping the clean energy transition

The stated aim of many governments is to transition away from fossil fuels in line with the Paris Agreement – an aim made more urgent by the need to end dependence on Russian energy. The international Energy Charter Treaty risks frustrating these aims.

Brexit: future rights of UK citizens in the European Union

As the UK unveiled its settled status scheme for EU citizens that wish to remain in the UK post-Brexit, British Home Secretary Sajid Javid took to social media to criticise EU countries for ‘taking far too long’ to outline their plans for Britons living on the continent after Brexit.

Brexit: revocation case that could ‘decide the fate of a nation’

At the end of November, 27 judges (rather than the usual three to five) of the Court of Justice of the European Union (CJEU) heard oral arguments as to whether Article 50 of the EU Treaty, which triggers withdrawal, can be unilaterally revoked. That is, whether the UK would be allowed to reverse Brexit should there be a mandate to do so. The four-hour hearing is just one element in the proceedings. Extensive written submissions have also been made by both parties [...]

Brexit: the court, the controversy and the constitution

‘Ministers’ intentions are not law’ the Supreme Court stated in the UK’s most important constitutional case for a generation. In its ruling in R (on the application of Gina Miller & Dos Santos) v Secretary of State for Exiting the European Union (EU), the Court found against the UK Government. It concluded that the legislature – parliament – must pre-approve the intentions of the executive – the government – to start the process of the UK’s withdrawal from the EU.