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Time up for old boys’ club?

IBA Global Insight April/May 2018 - Bullying and intimidation occur at ‘alarming levels’ in commercial law firms and diversity policies ‘have been found to be wanting’. Global Insight assesses why there is still so little progress.

Mental wellbeing: interview with Graham Boal QC, former Old Bailey judge

Former Old Bailey Judge Graham Boal QC gives insight into his experiences of imposter syndrome and depression and discusses the importance of mental wellbeing in sustainable career development for lawyers

Sustainable securitisations: tapping into the ‘old’ to catch the wave of new opportunities

Financing that takes into account ESG factors has gained prominence over several years and ESG products such as bonds, loans and securitisations have attracted the attention of the market. Yet, the sustainable securitisation market is facing challenges and concerns. Building upon the recent European Banking Authority report, the article offers insight into how to get the most out of the available or upcoming tools as an intermediate step to allow the sustainable securitisation market to develop to its full potential. It also glances through relevant Italian legislation and how it can be positively influenced by recent developments at the EU level.

Changes to a centuries-old tax applicable to certain real estate in Brazil

This article discusses changes to ‘marine land’ taxes in Brazil, which may provide an opportunity to private owners for savings in future taxes as well as a possible increase in the value of these types of properties.

Saudi Arabia: IBAHRI condemns potential execution of teenager arrested when 13 years old

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the possible imposition of the death penalty by Saudi Arabian authorities against Murtaja Qureiris, who was just 13 years old at the time of his arrest in 2014.

IBA Outstanding International Woman Lawyer Award - in recognition of Anne-Marie Hutchinso OLD n

Right to be forgotten for old criminal convictions: a Luxembourg perspective based on a recent ruling

In a December 2024 ruling, the Court of Appeal of Luxembourg decided whether a person convicted of a criminal offence could demand the press to stop publishing their name and image in relation to a past case. This case illustrates the challenge of balancing two fundamental rights: freedom of expression and press, versus the protection of reputation and right to privacy. The plaintiff, a person in a public position, was involved in a widely covered legal case many years ago. Despite the time passed, media coverage continued including reports with identifying details about the individual.

New Tools for Old Targets: Anti-Corruption Enforcement by the United States Under the Biden Administration

President Biden made fighting corruption a focus of his foreign policy. New enforcement tools in the form of legislation passed just before his inauguration and the US Commodity Futures Trading Commission’s recent first enforcement action of a foreign-corruption scheme promises to shape his administration’s anti-corruption enforcement priorities.

Rule of law: Bolsonaro conviction signals Brazil’s democratic resilience

On 11 September Brazil’s Supreme Court convicted former president Jair Bolsonaro of plotting a coup, sentencing him to 27 years and three months in prison. After hearing more than 70 witnesses, the court found the former Brazilian leader and seven of his allies guilty on multiple counts of conspiring to overthrow the government in January 2023 after losing the 2022 election to Luiz Inácio Lula da Silva.

State capture in Angola

The age-old story of grotesque corruption, state capture and Western complicity has repeated time and time again across Africa for generations. The latest revelations about Angola are simply another abject example of rule of law failure.

Mexico: The IBA expresses concern over President Obrador’s interference with judicial independence

The International Bar Association (IBA) expresses concern over Mexican President Andrés Manuel López Obrador’s interference with judicial independence, following egregious and repeated remarks undermining the integrity of the country's Supreme Court, most recently during a press conference on 19 April 2023.

IBAHRI concerned about the discrimination of Ahmadiyya lawyers in Pakistan

The International Bar Association’s Human Rights Institute (IBAHRI) is highly concerned about the recent news that lawyers belonging to the Ahmadiyya community in Pakistan – a numeric minority community in the country – are being required to renounce their religion as a prerequisite to practice law.

Climate crisis: COP30 highlights importance of international cooperation

Unlike many COPs before it, November’s climate summit grappled with some of the real-world challenges of reducing emissions – from global trade to the risks and opportunities of the energy transition.

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.

Competition v promoting small business and black economic empowerment – an evaluation of South African competition law and its enforcement

The South African Competition Act 1998 has from the outset reflected a clear focus on both competition law and public interest issues, the latter including provisions to enhance small business and overcome historical discrimination wrought by apartheid. Interpretation and implementation of these provisions has developed over time, culminating in the introduction of amendments to these provisions in the Competition Amendment Act 2018, which came into force in 2019. This article reviews the applicable legislative provisions and how they have been interpreted by the competition authorities in practice and through case law, and considers whether they have been effective.

Feature: Bolsonaro conviction signals Brazil’s democratic resilience

With the former president of Brazil convicted of plotting a coup, Global Insight assesses the implications for the country’s democratic resilience ahead of its 2026 presidential election.

Climate crisis: COP30 highlights importance of international cooperation

The arbitration and insolvency collision: the Indian Perspective

By Alipak Bannerjee and Payel Chatterjee. The interplay of arbitration and insolvency has assumed greater significance in recent times with the evolution of new insolvency regime in India. With limited statutory guidance available on this subject, many arbitral proceedings have been stalled due to the onset of insolvency proceedings. While some jurisdictions have settled the position of law in this regard, India is relatively a new entrant to the list.

The impact of Covid-19 on the global insurance industry – South Africa

The Covid-19 pandemic and the institution of ‘change of circumstances’: a Portuguese overview

The crisis caused by the Covid-19 pandemic has renewed interest in the need for legal and contractual mechanisms that promote the adjustment of contracts in the event of unforeseeable and abnormal circumstances.

The Municipal Tax Harmonisation Agreement in Venezuela and recent decisions of the Supreme Court

The purpose of this article is to provide an overview of the main aspects that served as a starting point for the ‘Municipal Tax Harmonisation Agreement’ in Venezuela, presented by the Vice President of the Economic Area with governors and mayors, in compliance with the mandate given to them by the Constitutional Chamber of the Supreme Court of Justice in judgment No 0078 dated 7 July 2020.

LGBTQIA+ rights in South Africa

The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.

ASEAN competition authorities remain vigilant amid the ongoing Covid-19 pandemic

The Association of Southeast Asian Nations (ASEAN) Experts Group on Competition (AEGC) is the regional forum for competition authorities in Southeast Asian. Recently, the AEGC of the ASEAN jointly called on all business sectors in Southeast Asia to continue to comply with competition law despite the current economic downturn. While forced to take transitory measures, such as extending timelines and taking applications and meetings online, the competition authorities in Southeast Asia remain committed

Corporate greenwash risks and ESG

With the rapid growth of sustainable products and investments, the pressure for genuine corporate sustainability has intensified. Increasing investor scrutiny and accelerating climate breakdown and biodiversity loss, for example, play a part in this. In-House Perspective explores whether increased awareness owes as much, however, to reactions to the rising tide of ‘greenwash’ – when corporations make misleading claims about their green credentials.

Achieving net zero: a key role for digitalisation and open data

This article examines the Future Energy Scenarios set out in the National Grid ESO’s recent report, with a particular focus on the role of digitalisation and open data in achieving net zero in the UK by 2050.

Covid-19’s impact on Spanish family law

Government Decree RD-Law 463/2020, dated 14 March 2020, declared a State of Emergency to deal with the Covid-19 health crisis. It adopted a series of measures relating to limiting peoples’ movements, as well as constraining Spain’s social and economic activities.

IBAHRI's torture-prevention work in Brazil

In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law

The legal obstacles to clean energy

In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.

The legal obstacles to clean energy

In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.