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IBA Virtual Start Up Conference ‘Eye of the Tiger’ – emerging trends post Covid

21–22 April 2021, A virtual conference presented by the IBA European Regional Forum

Crouching dragon, paper tiger? Discerning the powers of the Competition Commission in market inquiries

Like many regulators around the world, the South African Competition Commission is increasingly turning to its power to conduct market inquiries as a measure to not only better understand the dynamics of markets that may be operating inefficiently, but also as a tool for ex ante regulation of market conduct without the rigour of a full-blown prosecution involving the adversarial testing of evidence. Especially in the case of novel and fast-moving markets in the new digital economy, a slew of market inquiries have culminated in pointed and interventionist ‘remedies’.  A key procedural question is the extent to which remedies from a market inquiry are capable of direct enforcement on their face or whether the Commission’s powers are more muted, requiring sector-specific regulation within the four corners of enabling legislation, or follow-on prosecution by the Commission for prohibited conduct. Despite the perceived urgent need to regulate markets that move faster than prosecution in the ordinary course, and tempting analogies to be drawn with the constitutionally imbued powers of the Public Protector, the writers caution against a purposive interpretation that may trammel the rights of respondent companies in complex circumstances at least once removed from a vertical application of the Bill of Rights.

La profesión legal aboga por que la inteligencia artificial proteja los derechos humanos, la democracia y el Estado de Derecho

La International Bar Association (IBA), la voz mundial de la profesión jurídica, se ha adherido formalmente al Convenio Marco del Consejo de Europa sobre la Inteligencia Artificial y los Derechos Humanos, la Democracia y el Estado Derecho. El Convenio Marco es el primer tratado internacional…

Same-sex marriage: emblematic of gay rights and rule of law issues

In recent years, same-sex marriage has become emblematic of gay rights, and great progress has been made in a number of countries in the recognition of same-sex unions and same-sex marriage. This article takes a look at the legislation involved and the obstacles still left to overcome.

IBAHRI e ATI requerem que Brasil revogue o Decreto Presidencial que desmantela o Mecanismo Nacional de Prevenção e Combate à Tor

A Instituto de Direitos Humanos da Associação Internacional de Advogados (“IBAHRI”) e o Iniciativa Anti-tortura (“ATI”) expressam grande preocupação e condenam a decisão do Governo brasileiro de estabelecer severas limitações ao trabalho do Mecanismo Nacional de Prevenção e Combate à Tortura (“Mecanismo Nacional”). A medida representa uma perigosa redução da proteção dos indivíduos privados de liberdade.

IBAHRI marks International Human Rights Day with joint statement urging China to respect rights of lawyers

As the world marks International Human Rights Day this week, The International Bar Association’s Human Rights Institute, The 29 Principles, Hong Kong Watch, The Rights Practice, Lawyers’ Rights Watch Canada, Lawyers for Lawyers, Free Tibet and Tibetan Community in Britain, urge the People’s Republic of China (‘China’) to take urgent action to ensure respect for human rights and observe the rule of law.

Human rights news from the IBA - April/May 2016

IBA Global Insight April/May 2016 - human rights news from the IBA. Same-sex marriage: emblematic of gay rights and rule of law issues; IBAHRI publishes Annual Review 2015; Turkey: Tahir Elci death must be investigated amid questions over rule of law

Taxation and the latest tax-related developments in Mauritius

This article provides an overview of the provisions relevant to taxation in Mauritius and discusses key recent developments in this area.

Tax: Argentina update (February 2021)

This article outlines recent developments in Argentina relating to tax, namely: the extraordinary contribution on great fortunes (the wealth tax); the mandatory tax planning disclosure regime; and tax treaties.

Editor’s note - Competition Law International - November 2023

UK Modern Slavery Act failings point to need for global action on slavery

In 2015, the UK became the first country to pass legislation to combat modern slavery. Yet, three years later, the Modern Slavery Act continues to attract criticism as other countries step up their efforts to help the estimated 40 million people worldwide that are affected.

Sri Lanka: Attach rule of law commitments to country’s bailout, urge experts

Miles-long petrol queues, empty shop shelves and fields that produce only half the crops they used to: these are the more obvious signifiers of Sri Lanka’s current economic crisis. The less visible are the meals citizens are beginning to miss as a result of unaffordable food and the time at school children are missing as the country tries to save power.

The Virgin Australia Airlines insolvency

Virgin Australian Airlines appointed insolvency administrators on 20 April 2020, when its debt-servicing burden became unsustainable. Usually when an airline becomes insolvent, lessors and financiers will immediately repossess their aircraft and fly them away. But in the present pandemic, the Virgin aircraft financiers were in no hurry: no-one was lining up to lease aircraft. They decided to request that the insolvency administrator deliver up the aircraft engines to its facility in Florida, according to t

Human rights news from the IBA - June/July 2016

IBA Global Insight June/July 2016. Human rights news from the IBA - Ruggie report on FIFA, IBAHRI calls for end to mandatory death penalty, In memoriam John RWD Jones QC, North Carolina 'bathroom law', judicial independence in Latin America,

China’s worst excesses

Over the past year, the Uyghur Tribunal in London has broken with tradition by hearing evidence of an alleged genocide while the atrocity is said to be ongoing. As the Tribunal prepares to hand down its judgment on whether China is committing genocide against ethnic minorities in Xinjiang, Global Insight reviews the proceedings.

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.

Competition Law International - November 2023

Sri Lanka’s ‘worst ever crisis’

Sri Lanka is facing a crisis on multiple fronts – economic, environmental and social. Global Insight assesses the impact on the rule of law and human rights.

Re-assessing China

Through the early part of the 21st century, China’s economy has seen relentless growth. Now, a slow-down, the pandemic and various geopolitical issues is are forcing international law firms to rethink their strategies.

Football faces up to an uncertain future

Governance issues, the impact of Covid-19 and a widening divide between rich and poor clubs are all threatening the ‘beautiful game’. Global Insight investigates how football can be saved.

Climate justice: French ‘gilets jaunes’ protests provide lessons for countries transitioning to low-carbon economies

France has experienced months of regular clashes between the ‘gilets jaunes’ protestors and police. Since the first national day of protests on 17 November 2018, yellow-jacketed protestors have barricaded roundabouts across the country and damaged property. The protests have hit the French economy, with motorways closed and hundreds of speed cameras vandalised.

Human rights news analysis - February/March 2019

IBA Global Insight February/March 2019 -US and China announce trade truce as WTO reaches ‘debilitating’ dispute settlement impasse; Rome 2018 - Annual Conference highlights; IBA awards recognise pro bono, young lawyer and Group Member achievements; 2019 Annual Conference - Register your interest; M&A due diligence – practical guidance; Latest podcasts examine democracy in crisis and the legal profession in the #MeToo era; Innovation in Energy Law and Technology – new book; Ombudsman schemes

Statues and limitations

IBA Global Insight Aug/Sept 2018. While times change and people change, statues don’t. Global Insight assesses how that’s becoming a problem.

Meet the Officer - Maritime and Transport Law Committee newsletter article, July 2020

Meet the Officer - Maritime and Transport Law Committee newsletter article, July 2020

Meet the officer: Patrick Holloway, Co-Vice Chair

An interview with Patrick Holloway, Co-Vice Chair of the IBA Maritime and Transport Law Committee and partner at Webber Wentzel, Cape Town.

IBA President Sternford Moyo receives Freedom of the City of London

In a ceremony dating back centuries, Sternford Moyo, President of the International Bar Association (IBA), has been bestowed with the Freedom of the City of London for his unswerving commitment to the rule of law and contributions to the international legal profession in general. Mr Moyo was formally admitted as...

Manuela de la Helguera interviews Juan Pablo Hugues

Juan Pablo Hugues is a Mexican attorney currently working in – and loving – Washington DC. He formally represents sovereign entities in international disputes. But he also runs and eats a lot and spends as much time as possible with his wife, family and friends. His success is the result of dreaming big and working hard. He is going wherever the destiny he builds takes him. In this inspiring interview, Juan Pablo shares some insights of his successful career in public international law (PIL).

Construction Law International - June 2021 - From the Editors

Co-Chairs Note - Taxes Committee eBulletin, February 2021

A message from Ricardo Leon-Santacruz and Reto Heuberger. IBA Taxes Committee eBulletin, February 2021.

Korea: gateway to Asia

IBA Global Insight Aug/Sept 2019: With Korean companies competing ever more aggressively on the world stage, and multinationals increasingly targeting the country’s affluent consumer market, law firms continue to prioritise Korea.