Global Insight - 2015 Archive

October / November 2015

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Time to confront cyber crime

Big business is increasingly vulnerable to cyber-attack and the legal profession is no exception. Lawyers must do more to confront the threat as a core business risk in order to neutralise it.

Funding crowds move into the finance mainstream

Crowdfunding has exploded from its small-scale origins to become a major player. Its fundraising platforms are beginning to attract interest from institutional investors, making the need for effective and consistent regulation greater than ever.

Global leaders

David Morley is Senior Partner at Allen & Overy. In a recent interview with Todd Benjamin he discussed the firm’s approach to international expansion, changes in the market for legal services, and the continuing impact of the financial crisis.

Levelling the legal playing field

There’s a growing realisation that addressing fundamental rule of law issues such as access to justice is essential not only for international development, but for security, too. Global Insight assesses what lawyers can do to help states meet their international commitments.

Egypt’s new law that undermines the rule of law

The country’s new law, which brings intimidating limits to free speech, is in danger of handing terrorists the very victory they seek.

Libya’s uneven path to post-revolutionary justice

The trial of Colonel Gaddafi’s son and 36 regime-era officials presented the country with an historic opportunity for transitional justice. Instead, it provoked further divisions in a country already torn apart by civil conflict.

Singapore: fifty years of rule of law

Singapore’s Lee Kuan Yew died earlier this year, just before his country marked its 50th year of independence. His legacy may be an enigma in the West, but remains an exemplar for some in the region.

Going beyond convention

Islamic finance is increasingly viewed as an ethical alternative to established banking, especially since the financial crisis. Malaysia is seen as a role model, but can it maintain its position as the sector expands?

August /September 2015

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American authorities take a hard line on Muslim immigration

Details of a programme that gives the FBI and immigration offi cers sweeping powers to hold or deny immigration benefi ts continue to emerge. Global Insight investigates.

Corruption uncovered

The FIFA scandal has highlighted the apparent ease with which bribes can move through the global fi nancial system, hidden within a complex web of shell companies and secrecy jurisdictions. Global Insight reports on the growing drive to shine a light on anonymous corporate ownership and expose those who abuse it.

Global leaders

José Ugaz is Chair of the world’s leading anti-corruption organisation, Transparency International. A formidable anti-corruption lawyer, he acted as Ad-Hoc State Attorney of Peru in a series of ground-breaking cases, including prosecution of the former president, Alberto Fujimori, and indictment of 1,200 senior government offi cials. In an interview at the OECD in Paris, he spoke to IBA Senior Reporter Rebecca Lowe about the FIFA scandal, progress in fi ghting corruption and the challenges that remain.

May I have your attention, please?

The OECD’s fi nal proposals for major reform of the international tax regime will be put to G20 leaders in November. Businesses and their advisers need to be ready.

UN climate talks: game on

Events leading up to climate change negotiations in Paris offer hope that a binding and universal deal can be struck. The next step is helping developing nations move away from fossil fuels.

The future of green energy in Latin America

A combination of the right policies, limited fossil fuels and friendly business environment is allowing several Latin American countries to lead the way on renewable energy.

Ukraine’s war on two fronts

As Ukraine contends with a precarious security situation and dire economic outlook, Global Insight assesses the local and transnational energy wars shaping the legal and business landscape.

Region’s integration encourages alternative business structures

The ASEAN Economic Community will be launched in December and is expected to boost the region’s economy to more than $3tn by 2020. The liberalisation of its legal markets has left service providers jostling for position.

June / July 2015

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ISIS takes aim at Africa

The infl uence of Islamic State is spreading, with as many as 30 fundamentalist groups pledging allegiance, particularly in North and West Africa. Global Insight assesses the root causes, implications for the rule of law and likely responses.

The Mediterranean migration crisis

Despite the ever-increasing death toll in the Mediterranean, there’s no sign that numbers of migrants seeking entry to the EU are dwindling. In light of emergency talks between EU leaders, Global Insight assesses what can be done to address the humanitarian crisis.

Great Charter, future challenges

800 years after Magna Carta was sealed, serious rule of law challenges remain, including lack of corporate accountability, widespread corruption and poor access to justice. Global Insight assesses what can be done to rekindle the Great Charter’s true spirit.

Sustaining the future

A set of Sustainable Development Goals that aim to transform the world by 2030 will be announced in September, but states are yet to agree what should be included. Global Insight talks to leading experts to get their views.

Witnessing atrocity

Social media is increasingly fl ooded with material purporting to show human rights abuses, but it is often challenging to prove what is genuine. Now a new mobile app, eyeWitness, aims to help bring perpetrators of atrocities to justice by verifying footage and ensuring it is admissible in court.

Rule of law ‘critically important’ to BRICS success

Russia will chair the BRICS’ seventh summit in July this year. As these growing economies become more infl uential and look to work together, establishing rule of law across all fi ve members is more important than ever.

Defending an open interent

The US Federal Communications Commission has introduced new rules to promote the ideal of net neutrality, taking on the practices of broadband providers. Both open internet service providers and content generators claim they support an internet free from interference. This battle is far from straightforward, and already heading to court.

Global leaders

James Palmer is Senior Partner at Herbert Smith Freehills and chairs the fi rm’s Global LLP Council. In a recent IBA webcast interview with Todd Benjamin he spoke about embracing modern working practices, the fi rm’s approach to international expansion, the role of the law in society and his views on the fi nancial crisis

April / May 2015

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Greece and the eurozone: the art of the possible

Europe’s latest debt crisis has entered a new phase. The existing bailout has been extended, but a long-term solution remains elusive.

Change in the pipeline

The price of oil has dropped significantly, leading to redundancies and cancelled projects. Influenced by traders and borrowers with conflicting priorities, the future looks less clear cut.

Brazil’s ‘Operation Car Wash’

As investigators attempt to reveal the truth behind the allegations swirling around the county’s major oil company Petrobras, collaboration agreements have been used to great effect. However, they’re not without controversy and not everyone’s in favour.

Watershed moment

Cuba and the US have announced an end to five decades of hostility, which could draw to a close one of the longest-standing trade embargoes in the world. However, questions remain over the precise impact talks will have.

Global leaders

The first IBA webcast of 2015 featured MEP Viviane Reding, currently European Rapporteur for the Trade in Services Agreement, and former EU Vice-President responsible for Justice, Fundamental Rights and Citizenship. In conversation with Todd Benjamin, she emphasised her fundamental belief in the individual’s right to data privacy, and the need for trust to be restored in order for the digital economy and free trade to thrive.

Meet the officers

Here, some of the senior officers who took up new positions in January give their insights into their personal and professional backgrounds, and outline their vision for the future of the IBA and legal profession.

Sexual violence in Darfur

The western region of Sudan has seen more than a decade of brutal conflict, in which rape and violence against women have been endemic. Following the IBA Human Rights Institute’s innovative in-country legal access programme, Global Insight explores the challenges, complexities and outlook for the national – and international – fight against gender-based violence in Darfur.

Japanese corporate governance: a matter of principle

Japan is taking significant steps towards accountability by introducing a new corporate governance code. However, not all listed companies are open to guidance, while some foreigners think the principles-based approach is too weak.

February / March 2015

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The inside track

When it comes to the major issues facing 21st century sport, Michael Beloff ranks among the world’s leading authorities. Sebastian Coe’s ethics tsar for the 2012 Olympics, he’s been an arbitrator at football’s World Cup and chairs the Cricket Council’s Code of Conduct Commission. In 2014, he was appointed the first chair of international athletics’ newly created Ethics Commission. He shares his views on the challenges ahead with the IBA Director of Content.

Finding common ground in the Arctic

Ever more exploration ships are heading to the Arctic seeking new sources of fossil fuels. Faced with fragmented regulation and state disputes over the region, industry must set the tone for safety standards and best practice.

UN climate talks: it’s all about semantics

The Lima Call for Climate Action was dismissed by many as a weak outcome from December’s climate talks. However, closer scrutiny of its exact wording on the responsibilities of rich and poor nations reveals a shift in thinking, offering hope that a deal can be reached in Paris this year.

Ecuador, oil and elusive rule of law

Decades of litigation and the efforts of high profile campaigners have failed to achieve justice for the tribes of the Ecuadorian Amazon affected by oil pollution dating back to the 1970s.

Mexico: student massacre exposes cracks in rule of law

The discovery of a mass grave following the disappearance of 43 students has exposed weaknesses at the centre of the Mexican justice system. More effective enforcement of anti-money laundering regulation could loosen the grip of the cartels.

Beyond Yangon

After decades of brutal military dictatorship, there are hopes that Burma is on the road to reform. But, with concerns remaining that the process may stall, Global Insight assesses the prospects for the country’s future in what could be a crucial year.

North Korea: escaping tyranny

Lee Tae Kyung* fled North Korea in 2008 after 48 years of oppression under the Pyongyang regime. He speaks to Global Insight’s Senior Reporter Rebecca Lowe about his remarkable escape and the terrible abuses suffered by the North Korean people.

Mixing it up: the future of trade in Asia

With backing from Beijing, Asia-Pacific leaders have agreed to consider a new free trade zone. Global Insight assesses how best to ensure the region’s long-term development and prosperity.

December 2014 / January 2015

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Heizō Takenaka on Abenomics, the three arrows of reform and lessons for the West

Heizō Takenaka is Economic Adviser to Prime Minister Shinzō Abe and was formerly Minister for Economic and Fiscal Policy in Prime Minister Junichiro Koizumi’s government. At the Annual Conference in Tokyo, he spoke to the IBA’s Director of Content.

UN special envoy Mary Robinson on the urgent need for action on climate change

Formerly President of Ireland and UN High Commissioner for Human Rights, Mary Robinson now focuses on climate justice. In July, she was appointed UN special envoy for climate change. She spoke to the IBA’s Director of Content at the Association’s Annual Conference in Tokyo.

President Mohamed Nasheed on the plight of the Maldives

President Nasheed shot to worldwide fame in 2009 when he held the first ever underwater cabinet meeting to raise awareness about climate change. In 2011, he was made the subject of the critically acclaimed documentary, The Island President. He spoke to the Association’s Senior Reporter at the IBA Annual Conference in Tokyo.

Prime Minister Shinzō Abe

At the Annual Conference in Tokyo, in the presence of Their Majesties The Emperor and Empress, Prime Minister Shinzō Abe shared his thoughts on rule of law with the opening ceremony audience, focusing first on the tradition in Japan.

What next for Hong Kong?

Pro-democracy protests in Hong Kong have divided legal opinion. While the use of tear gas by the police against what has been dubbed the ‘Umbrella Movement’ represented a human rights violation, some local lawyers argue that the persistence of the protests erodes the rule of law. Global Insight reports on a city divided.

Climate change: achieving justice and human rights

The showcase session to debate the IBA report, Achieving Justice and Human Rights in an Era of Climate Disruption, brought together presidents, vice presidents and other highly influential figures. Global Insight brings you the highlights from Al Gore, Mary Robinson and Mohamed Nasheed.

Protecting the rights of the child, 25 years on

This year marks a quarter of a century since the adoption of the UN Convention on the Rights of the Child. Global Insight considers why the Convention is important, its successes and failures, and what still needs to be done.

Ukraine crisis

Three experts – Vladimir Kotlyar, member of the International Law Council of the Russian Federation; Ukrainian MP Andriy Shevchenko; and Emeritus Professor of Law at DePaul University Cherif Bassiouni – gave their markedly differing perspectives on the Ukraine crisis in a debate moderated by award-winning former CNN anchor Todd Benjamin.

Sign of the times:
financial governance must reflect reality

As the global economy evolves, the institutions and conventions that govern it are struggling to keep up. Global Insight assesses the potential for change.

US–Africa trade: time for a rethink

The value of US trade with Africa is declining, while China’s is booming. Global Insight analyses why the US is struggling to trade on a large scale with Africa and assesses what impact the Ebola outbreak has had.

No country for compensation

The economic situation has gone from bad to worse in Venezuela and the country must pay its debts to avoid further financial catastrophe. With inflation predicted to rise as high as 110 per cent in 2015, Global Insight assesses an economy in turmoil.