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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
The session will discuss whether the tides are turning and whether due to stricter local enforcements, trade agreements, trade sanctions, ESG agenda or dare we say enlightenment, it has become necessary for businesses to comply not just with local applicable laws but also international standards.
8th IBA Asia Pacific Regional Forum Biennial Conference: Vibrant Asia – Land of opportunity and promise
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.
Dec 07, 2023
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.
This session discusses 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 can market participants and regulators do to efficiently but fairly harness the power of social media.
IBA Annual Conference Miami 2022
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.
International sourcing and supply of certain goods such as special devices and machinery of technology leaders for industrial applications used to be handled in some areas mainly through dealers/ distributors and/or local subsidiaries. Such manufacturers increasingly also offer their goods and products directly through own webshop solutions, including extended customisation options to international customers.
IBA Annual Conference Toronto 2025
Accordingly, the Financial Action Task Force (FATF) has called on various professions, including Lawyers, Accountants, Financial advisers, Trustee service providers and Real Estate dealers to do more to prevent financial crime.
FATF has support from groups ranging from the UN, OECD, World Bank, and Transparency International, to national and regional law enforcement agencies.
IBA Annual Conference Miami 2022
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.
Greenfield
Several franchise companies, manufacturers and dealers have been investing in AI technologies (generative AI in particular) for assistance with daily business functions, such as marketing automation, customer service, product development and training.
IBA Annual Conference Mexico City 2024
The panel addressed the multiple crossover legal issues and passions involved in the acquiring, holding and disposing of art.
Nov 20, 2024
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.
Apr 08, 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.
Aug 03, 2023
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.
Jan 06, 2021
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.
Aug 20, 2024
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.
Feb 13, 2020
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.
Apr 14, 2023
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.
Feb 18, 2025
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.
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’
Apr 28, 2023
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’.
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.
Nov 20, 2024
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.
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.
Apr 03, 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.
Apr 29, 2022
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.
Mar 08, 2023
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...
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.
Apr 15, 2025
This article explores the work of the IBA Senior Lawyers’ Committee and the reasons to join the committee.
Sep 02, 2022
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.
'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.
Jun 28, 2023
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.
Dec 17, 2021
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….
Book Review: Legal and Conduct Risk in the Financial Markets: Third Edition.
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