Search Results | International Bar Association (2025)

Italian Communications Authority issues copyright enforcement measures against Telegram

The Italian Communications Authority (AGCOM) has initiated proceedings for online copyright infringement on the application of publishing industry rights holders. The applicants claimed that public channels on the instant messaging platform illegally made thousands of journalistic and literary works from their catalogues available for downloading. AGCOM’s moral persuasion proved pertinent, as Telegram spontaneously removed them. Most recently, emergency legislation has introduced new provisions expanding A

Improving (anti-)social media behaviour

Legislators and regulators have intensified their efforts to drive social media platforms towards ‘good behaviour’ in response to concerns about the harms they cause, as Global Insight reports.

Dec 23, 2020

IBAHRI condemns the murder of Iranian dissident journalist Ruhollah Zam

The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the execution of Ruhollah Zam, an Iranian dissident journalist and editor of the website and Telegram channel AmadNews. Mr Zam was arbitrarily arrested in October 2020 and sentenced to death for ‘spreading corruption on earth’. The sentence was confirmed on 8 December and he was hanged on 12 December 2020.

US Supreme Court holds that non-signatories to arbitration agreement subject to New York Convention can compel arbitration

On 1 June 2020, the United States Supreme Court issued its opinion in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC (GE Energy), holding that non-signatories to an arbitration agreement can compel arbitration of agreements that are subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or simply ‘Convention’) by relying on traditional legal and equitable principles.

Sep 09, 2024

Enhancing secure engagement and returns through small and medium real estate investment trusts

Real estate has long been a cornerstone of wealth creation, offering investors a tangible asset with the potential for steady income and long-term capital appreciation. In the context of India, real estate holdings constitute a significant portion of the wealth portfolio of several asset creators. However, in recent years, the real estate market in India has witnessed a significant surge in activity, propelling it to the forefront of investment options.

Sep 25, 2024

The UK’s Digital Markets, Competition and Consumers Act Passes into Law

On 24 May 2024, in one of the last official legislative actions of the UK’s government prior to the July general election, the Digital Markets, Competition and Consumers Act 2024 (the ‘DMCC Act’) was passed by the UK Parliament, thereby making the UK the fourth jurisdiction in the world to introduce a specific regime for the regulation of digital platforms alongside the European Union, Germany and Japan. It appears that countries such as Australia, Brazil, India and Turkey will be following suit with their own dedicated digital platform regulatory regimes. In overt statements of self-affirmation, UK authorities and commentators have been at pains to describe their digital platforms regime as more ‘flexible’, ‘bespoke’ and ‘targeted’ than their EU counterpart, whose regulatory regime they describe variously as ‘blunt’ and applying ‘blanket rules’ on companies that run the risk of creating ‘unnecessary burdens on business’. While the heart of the new legislation focuses on the creation of a regime for the imposition of obligations on digital platforms, the DMCC Act also introduces important provisions that change existing competition law practice and the enforcement of consumer protection rules.

Dec 15, 2020

A conversation with…Sternford Moyo

Sternford Moyo is Senior Partner and Chairman of Scanlen & Holderness in Zimbabwe. He is former President of the Law Society of Zimbabwe and is the incoming IBA President for 2021-2022 – the first African to hold the position. In conversation with South African broadcaster Jane Dutton, he discusses the International Criminal Court, radical nationalism, human rights, extractive industries and plans for his presidency.

Mar 24, 2021

Interview with Sternford Moyo - Global Insight Apr/May 2021

Sternford Moyo – Senior Partner and Chairman of Zimbabwean law firm Scanlen and Holderness – began his term as IBA President in January 2021. In this wide-ranging conversation with the IBA’s Multimedia Journalist, Jennifer Venis, Moyo gives his views on subjects including the challenges facing the International Criminal Court and tackling corruption.

2020-2021 legal market trends in Ukraine

This article outlines what to expect in Ukrainian legal market in the course of the next year.

Feb 21, 2019

Detention of human rights lawyer Amirsalar Davoodi in Iran of deep concern

The International Bar Association’s Human Rights Institute (IBAHRI) is deeply concerned by the continued detention of human rights lawyer, Amirsalar Davoodi, without legal representation. A regular user of social media platforms as well as his Telegram channel, Without Retouch, to speak out about human rights concerns in Iran, Mr Davoodi was arrested in the country on 20 November 2018 and charged with crimes against national security. Access to his lawyer has been denied and family visits left wanting.

Aug 13, 2020

Belarus – IBAHRI condemns detention of media and use of force against protesters following elections

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the detention and use of force against peaceful protesters and journalists in the Republic of Belarus, following the announcement of the initial results of the presidential elections on 9 August 2020. According to the Central Election Commission of Belarus, the elections results indicate that incumbent President Alexander Lukashenko won with 80.23 per cent of votes. Several organisations, including…

Aug 05, 2019

Zambia: Organisations warn of potential negative impact of proposed changes to Constitution on judicial independence

We, the undersigned organisations, are deeply concerned about the impact the Zambian Constitutional Amendment Bill 2019 (the ‘Amendment Bill’) may have on the independence and impartiality of the judiciary, if adopted. Of particular concern are the amendments made to the disciplinary proceedings against judges and the composition of the Supreme and Constitutional Courts.

Aug 29, 2023

‘Sham’ election is latest attack on Cambodian democracy

The most recent threat to democratic rule in Cambodia came in the form of July’s national election, which was held against the background of an ongoing media crackdown.

Apr 06, 2022

Ukraine conflict: Russia’s crackdown on dissent escalates in wake of invasion

May 24, 2021

Russia attacks fundamental freedoms and rule of law as Navalny’s network targeted

The international community breathed a collective sigh of relief on 23 April when opposition leader Alexei Navalny ended a 24-day hunger strike in prison after finally receiving medical care. Yet ongoing efforts to suspend his political organisation and restrict other fundamental freedoms threaten to cripple Russia’s already deteriorating human rights situation.

China’s ever-growing role in the world

From Afghanistan to Africa, Covid-19 to the climate crisis, China is set to play an ever-greater role. Global Insight assesses China’s direction of travel – and the responses of its rivals.

Apr 04, 2024

Evidencing damage caused by modern warfare: Russia’s large-scale war against Ukraine

The large-scale war waged by Russia on Ukraine has been going on for over two years and has caused enormous damage. The total amount of damage to Ukrainian citizens, businesses and the state itself is yet to be quantified. It already appears to be in the range of hundreds of billions of dollars. It is said that even the total value of all frozen Russian assets in different jurisdictions is far below the value of the damage caused by the Russian aggression against Ukraine.

Sep 13, 2022

Disappearing messages: updating best practices

May 14, 2020

Covid-19: response to pandemic wreaks havoc with rights across Middle East

When Roya TV in Jordan aired a report highlighting the concerns of workers over the economic impact of the country’s Covid-19 curfew, the channel was expecting peak viewership as the public stayed home. But, just hours later, two of its top executives were arrested, part of an emerging trend across the Middle East whereby those questioning the official response to the pandemic are penalized and, on occasion, thrown behind bars.

Sep 18, 2023

Globalising Your Practice – Opportunities and Challenges

A conference presented by the IBA Bar Issues Commission and supported by the Law Society of South Africa and the SADC Lawyers Association.

Jun 14, 2022

Breaches of international maritime laws in Russia’s war against Ukraine

In March 2014 Russia annexed Crimea and part of the Donetsk and Luhansk region in eastern Ukraine. Fighting has continued in this part of Ukraine since then. From the first days of the invasion, Russia declared the northwestern area of the Black Sea and Sea of Azov a zone of hostilities.

Russia attacks fundamental freedoms and rule of law as Navalny’s network targeted

The international community breathed a collective sigh of relief on 23 April when opposition leader Alexei Navalny ended a 24-day hunger strike in prison after finally receiving medical care. Yet ongoing efforts to suspend his political organisation and restrict other fundamental freedoms threaten to cripple Russia’s already deteriorating human rights situation.

Jun 24, 2021

Indian data laws that made the headlines

This article discusses the technology and data related developments which made headlines recently and have the potential of changing the way companies do business in India.

New IBAHRI study on enforced disappearances calls on States to uphold international standards

A new study from the International Bar Association’s Human Rights Institute (IBAHRI) highlights gaps in international law as well as States’ failings in the search for victims of enforced disappearances. The study also puts forward recommendations with regard to investigating enforced disappearances – characterised as a continuous violation that remains unabated until the fate or whereabouts of a person are known.

The rights of a non-biological child to enter the EU as a family member of EU citizens

The Court of Justice of the EU in case EU:C:2019:248, was asked by the UK Supreme Court to provide an answer as to whether a minor child in the guardianship of a citizen of the EU under the Algerian kafala system could be regarded as a ‘direct descendant’ of that citizen. If not, whether such a child could be admitted into the EU Member State on the basis of being a family member.

Aug 14, 2023

Obtaining the right evidence—the key to successful recovery in civil fraud litigation in England and Wales

The article discusses key applications available in England and Wales to obtain disclosure to assist with asset tracing and fraud claims.

Dec 20, 2023

The Nigerian Arbitration and Mediation Act 2023: A comparison with the Arbitration and Conciliation Act 2004 and global practices

This paper dissects in detail the recently passed Nigeria Arbitration and Mediation Act 2023. Specifically, it analyses and explains provisions introduced into the Act which aligns the Act with global arbitration best practices; and the repeal of old provisions that do not meet the standards of global arbitration best practices, or that can be described as archaic.

Jun 05, 2023

Inadequate Handling of Damages in International Arbitration

The portion of the award that causes considerable consternation for parties and tribunals is often the section dealing with damages. Tribunals do not always award all or even the bulk of the damages claimed and this increases the dissatisfaction from users of arbitration services, dissatisfaction brought about by unexpected outcomes of arbitration claims. As parties become more sophisticated and hire the relevant legal and financial expertise who have time and resources to dedicate to the case, it is inevitable that complexity is inherent in damages claims and this needs to be competently addressed to ensure arbitration remains relevant. Large awards of damages, in and of themselves, don’t undermine the system. It is the lack of analysis or improper analysis that does. This article takes a closer look at three of the drivers that could lead arbitration practitioners to inadequately handle quantification of loss and damages claims in international arbitration: differences in approach, practitioners not stepping up, and damages experts.

Oct 14, 2022

Around the world – developments, trends and news impacting the communications sector*

A collection of developments, trends and news impacting the communications sector around the world.

Globalising Your Practice Opportunities and Challenges 2024