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Job-retention programmes – and their aftermath

The Covid-19 pandemic has caused governments the world over to implement schemes to avoid mass unemployment during periods of economic shutdown. Margaret Taylor assesses the programmes in place across a number of jurisdictions and the consequences as these schemes wind down.

Outcomes of the Jobs and Skills Summit 2022

On 1–2 September 2022, members of parliament, trade union figures and council officials, to name a few, came together to work constructively on the challenges and opportunities facing Australia’s labour market and economy. This is notably in the wake of the global economies recovery post-pandemic, where states and countries alike have turned to an imminent focus on the workforce to rebuild their economic shortfalls caused by the enormous effects of border closures and isolation orders on the workforce and key industries. This article explores a variety of outcomes, as a result of the consensus reached at the Summit.

Gender equity in the Brazilian job market and the importance of role models

Despite their higher frequency in tertiary education, women face great challenges in securing management positions. Numerous studies have reported how invisible barriers, such as unconscious bias, are responsible for perpetuating the workplace gender gap.

'My job is to give individuals the power' - An interview with Martyn Day

In this Global Insight interview, Martyn Day, co-founder of law firm Leigh Day, reflects on some of the most important cases he’s been involved in, including taking on the UK Ministry of Defence over allegations of British Army mistreatment of civilians and detainees – themes once again in the spotlight with news of SAS activity in Afghanistan.

New IBA report reveals significant numbers of young lawyers want to leave their current job

A new report from the International Bar Association (IBA) has revealed that of 3,000 young lawyers – defined as aged 40 and under – surveyed around the world, a significant number of them are either leaving or considering leaving their current job in the next five years.

Argentina’s mandatory quotas for women in corporate bodies and LGBTQ+ people in public sector jobs

Argentinian national and local authorities, and important civil society actors, take affirmative actions to level the playing field for particular groups that have had difficulties gaining entry to certain sectors of society.

Is AI finally going to take our jobs? Meeting client AI/technological demands while supporting junior lawyers' development

AI, particularly generative AI, has the power to reshape the legal industry by automating repetitive tasks; improving accuracy; and allowing lawyers to focus on higher-value, strategic work. The potential is immense: firms can reduce costs; increase efficiency; and deliver better value to clients – all while driving firm profitability. But what does this shift mean for the largest employment sector for lawyers – firms themselves? Law firms now face a dual challenge: adopting AI to meet client expectations while ensuring junior lawyers are trained and equipped to thrive in an AI-enhanced legal landscape.

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

A framework for digital platform regulation

In rapid succession, a number of jurisdictions have moved away from focusing on antitrust enforcement to the proposed regulation of digital platforms. Ostensibly, the regulatory focus is about competition and potential concerns that traditional ex post enforcement may be ill-equipped to address the power of digital platforms. This article focuses on the realities of what platform regulation might mean, and how to better frame and structure the nature of appropriate regulation. This article first identifies a number of the different approaches to regulation that various jurisdictions have put forward, and then lays out six basic principles for platform regulation to help address some of the potential harms that such approaches may unwittingly be pursuing.

Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

Ontario’s Immigrant Nominee Program

This article outlines the eligibility requirements and types of approvals made under Ontario’s Immigrant Nominee Program.

Electrifying discussions: a recap of the 4th European Automotive and Mobility Services Conference

Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.

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.

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.

European Fashion and Luxury Law Conference summary

The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.

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.

SPECIAL EDITORIAL: What can construction contracting learn from Covid-19?

Before we try to predict medium-term and long-term changes to the construction sector that may result from Covid-19, we should first recognise the ways in which the industry and its clients have responded quickly and responsibly to the unprecedented challenges created by the pandemic.

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.

Creating and implementing a diversity and inclusion strategy for the law firm – IBA Annual Conference Paris, 31 October 2023

In this session, Antonia Verna and Pavla Prikrylova presented the European Regional Forum Diversity & Inclusion Working Party with the Diversity and Inclusion Toolkit for Lawyers. The Toolkit was developed by the International Bar Association (IBA) to provide law firms with an action plan to embed the core principles of diversity and inclusion into their organisations.

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.

China’s Belt and Road Initiative faces major challenges

China’s transformation from developing economy to powerhouse status ranks among the most dramatic stories of the 21st century, with the Belt and Road Initiative its latest chapter. But serious concerns over the government’s treatment of the Uighurs and human rights, and the devastating outbreak of Covid-19, threaten to derail the country’s ambitious project.

Seventh Annual IBA European Start-up Conference, Stockholm: report on panel session: ‘To list, to sell or to flip to the US: succesful exit methods in Europe’

A report on the panel session ‘To list, to sell or to flip to the US: sucessful exist methods in Europe’. Participants discussed recent challenges in the initial public offerings market, the ‘dual-track’ strategy and the role of legal advisors among other interesting points.

Using the practice of law to facilitate change and to accelerate a just transition

A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.

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.