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This IBA Showcase will focus on the timely and important issue of atrocity prevention and ensuring that those who commit atrocity crimes are brought to justice. The panel discussion will consider issues such as justice through the ICC, universal jurisdiction, the UN Security Council, the Responsibility to Protect principle, and other accountability mechanisms.

The session will also focus on relevant country case studies, including the current war in Ukraine, and attendees will have an opportunity to review, comment, and debate ways of highlighting atrocity crimes to the general public. 
 

aConversationWithHumanRightsDr. Beth Van Schaack was sworn in as the Department’s sixth Ambassador-at-Large for Global Criminal Justice (GCJ) on March 17, 2022. In this role, she advises the Secretary of State and other Department leadership on issues

related to the prevention of and response to atrocity crimes, including war crimes, crimes against humanity, and genocide.

Ambassador Van Schaack served as Deputy to the Ambassador-at-Large in GCJ from 2012 to 2013. Prior to returning to public service in 2022, Ambassador Van Schaack was the Leah Kaplan Visiting Professor in Human Rights at Stanford Law School, where she taught international criminal law, human rights, human trafficking, and a policy lab on Legal & Policy Tools for Preventing Atrocities. In addition, she directed Stanford’s International Human Rights & Conflict Resolution Clinic. Ambassador Van Schaack began her academic career at Santa Clara University School of Law, where, in addition to teaching and writing on international human rights issues, she served as the Academic Adviser to the United States interagency delegation to the International Criminal Court Review Conference in Kampala, Uganda. Earlier in her career, she was a practicing lawyer at Morrison & Foerster, LLP; the Center for Justice & Accountability, a human rights law firm; and the Office of the Prosecutor of the International Criminal Tribunals for Rwanda and the Former Yugoslavia in The Hague.

Ambassador Van Schaack has published numerous articles and papers on international human rights and justice issues, including her 2020 thesis, Imagining Justice for Syria (Oxford University Press). From 2014 to 2022, she served as Executive Editor for Just Security, an online forum for the analysis of national security, foreign policy, and rights. She is a graduate of Stanford (BA), Yale (JD) and Leiden (PhD) Universities.

 

Andriy Kostin was appointed as the Prosecutor General on 28 July 2022. 

Prosecutor General Kostin is a graduate from Odesa National University, the Faculty of Law. Earlier in his career, he held several positions in Odesa and internationally as a practicing lawyer. He has worked as an attorney at Polonsky & Partners from 1995 to 1998. From 1998 onwards, he worked as the Deputy Director and later on, as the Director of the law firm “Pravo.” Prosecutor General Kostin was a member of the governing body of the International Bar Association – the IBA Council from 2013 to 2015.

In 2019, Prosecutor General Kostin was elected as a member of the Parliament to the Verkhovna Rada of Ukraine, becoming the Head of the Legal Policy Committee in 2020 and leading its work till 2022.

He has also served as the Chairman of the Subcommittee responsible for the Implementation of the Decisions of the European Court of Human Rights as well as a member of the Ukrainian Delegation to the Trilateral Contact Group (TCG) at the negotiations with Russian Federation in Istanbul, Turkey.

In August 2021, President Volodymyr Zelensky awarded Prosecutor General Kostin with the honorary title of “Honored Lawyer of Ukraine” for “the significant professional achievements and years of ethical work, on the occasion of the 30th anniversary of independence of Ukraine.”

Bringing to justice all Russian war criminals, upholding the integrity and independence of prosecutors as well as promoting strong and independent Prosecution Service based on the principles of the rule of law and human rights are among the top priorities of the Chief Prosecutor of Ukraine. 

A discussion with pioneers in the field of third party funding as to what the needs and prospects may be for mediation going forward.

RuleOfLawThis panel will focus on the role of international law in modern conflict generally and the Ukraine crisis specifically. Panellists will discuss war crimes enforcement/accountability, de-escalation/conflict resolution, the role of sanctions and the role of private business. As it concerns the Ukraine crisis, panellists will consider whether or not the rule of law exists in conflicts involving superpowers and what can be done, through the enforcement of international norms and instruments, to restore the international rule of law in Ukraine.

This panel will analyse recent collisions between investment and commercial arbitrations and propose alternatives to anticipate and overcome this situation. Among others, panellists will consider instruments such as waivers and fork-in-the-road clauses, as well as procedural and institutional solutions like anti-suit injunctions, consolidation, lis pendens, and stay of the proceedings. This panel will aim to determine whether two separate and distinct tribunals can peacefully coexist or whether this conundrum should be avoided.

The session will look at current trends in environmental, social and governance (ESG) topics for public companies and will dive into a separate ESG survey. The phenomenon of greenwashing in the international capital markets will also be discussed. 

We hear about the productivity and profitability gains of generative AI. But how are Immigration lawyers harnessing this new technology and using in practice in their firms? This panel will look at real examples of AI use cases in practice, what technologies are being deployed in client work, RFPs and client relationship management. We will explore some of the ethical issues which arise for immigration lawyers, to what extent clients know that AI is being used, as well as GDPR/Data Privacy issues involved and practice management implications on,for example, the training of junior staff.

For too long, perpetrators have escaped accountability for international crimes by hiding away from the authorities seeking to investigate and prosecute them. Others escape justice as the authorities do not investigate the crimes, the countries lack relevant legislations, investigative capacities, shy away from dealing with past crimes, among others.  

The principle of universal jurisdiction was meant to address all these challenges. The principle of universal jurisdiction allows domestic authorities to exercise criminal jurisdiction over alleged perpetrators, regardless of where the alleged crime was committed and irrespective of their nationality. However, as countries globally started domesticating the principle, they took very diverse approaches, often limiting the potential of the principle. 
The fight against impunity cannot have any borders. As such, the principle of universal jurisdiction must be used to the fullest to ensure the investigation and prosecution of serious violations of international law. 

During this session, experts will discuss the use of universal jurisdiction globally - mapping the plethora of cases from the last five years. They will discuss how the cases came into being, including by way of civil society engagement. Experts will consider how the approaches in response to the war in Ukraine can help to make the principle of universal jurisdiction more widely used. They will further discuss recent developments in the area and further opportunities ahead. 

 

This session will discuss state immunity and asset recovery, seen from an asset perspective, for example:

• Which jurisdictions to avoid and which assets to look for;
• Whether it’s appropriate to request assistance from courts via the granting of interim relief (injunctions and discovery orders); and
• Other practical considerations.

The panel will also discuss the ‘tuna bond’ scandal

This session will discuss the state of play under the EU’s Digital Markets Act, with developments covering recent designation decisions and ongoing investigations, gatekeepers' compliance with obligations and an overview of developments around the world.

Please note that this breakfast is not a ticketed event, and will be open to registered delegates on a first-come, first-serve basis.

This session will address the evidence related to the condition of cargo in container transportation, and the difficulties in demonstrating the condition of the cargo at the commencement of transportation when goods are shipped in containers.

As ESG committments have proliferated, so have related litigation and enforcement.  Overpromising and underdelivering has proven costly in a range of litigation, such as shareholder and citizen suits, as well as government investigations and enforcement.  ESG-related disputes transcend greenwashing claims and also involve challenges to various relevant standards and practices.  This panel will offer global perspectives on recent disputes- related developments and address strategies for mitigating ESG risks, including essential roles for legal, compliance, and other professionals.

As we emerge from the unprecedented storm of pandemic based market disruptions – and in the midst of a war in Europe, ratcheting tensions in the Pacific and a looming recession in the West – the industry and practice of private equity (PE) continues to evolve rapidly. From the immediate boost in biotech and remote technologies to the short-term glimmer of special-purpose acquisition companies (SPACs) and increasing growth and prominence of secondaries, the overlapping crises seem to have accelerated change. What lies ahead? Experts from a top PE fund in Japan and leading law firms in Hong Kong, India and Japan discuss recent trends in Asia in the PE industry and dealmaking in a novel, open and highly interactive format moderated by US and European deal lawyers.

This session will be using SLIDO.  To participate please go to SLIDO.com and enter the code: #7397107

How will artificial intelligence replace, enhance, and undermine dispute resolution and the rule of law? How good will it get at predicting legal outcomes, turning data into stories, finding signs of fraud, discovering fact patterns, selecting the best jurors, and identifying relevant documents? Will judges use ChatGPT to draft their opinions? Will lawyers use it to draft their briefs? Will mediators use it to arrive at settlement ideas? Will clients use it in place of their lawyers? This is no longer the stuff of mere science fiction, and this timely and informative session will delve deeply into how it will change our professions and the services we provide to our clients.

This session will examine the legal and regulatory risks governing the use of artificial intelligence (AI) in medical devices and impacts of coming AI-related legislation on the development and marketing of medical devices.

We will discuss how laws are adapting to AI innovations and identify trends in how these products are regulated across the globe.
 

In a rapidly evolving landscape, building effective compliance programs has become a strategic imperative for life sciences companies. With rising regulatory demands, technological innovation, and growing societal expectations, how can organizations ensure agile and sustainable compliance? Our panel of legal experts will explore best practices and key challenges to designing robust, future-ready compliance frameworks

Recently, there has been an increase in cases related to damages incurred in underdeveloped countries that are being brought before European or US courts. A significant number of these cases rely on litigation funding. While litigation funding is allowed in many jurisdictions, it does carry certain risks and ethical concerns, particularly in the context of transnational damages claims. The purpose of this panel is to explore the potential and boundaries (if any) of litigation funding in transnational claims for damages compensation.

A number of governments have pivoted quickly to incorporate the latest technology into their immigration processes and systems. But is this technology, including facial recognition software and AI algorithms, reliable and does it create unfair outcomes? What does it mean for individual rights?

Are we seeing a resurgence of unions and worker cooperation? This session will explore the evolving landscape and global trends in collective bargaining. We will consider real-world examples and the challenges faced by employees in this new era, as well as how the judiciary plays a role in recognising and shaping trade union rights.