Committee publications

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Power Law: Editorial June 2024

John Vellone, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.

Released on Jun 19, 2024

Pakistan’s National Space policy

Launched on 13 December 2023, Pakistan's National Space Policy (NSP) represents a significant turning point in the country's efforts to explore space and progress technology. This policy is an attempt to bring Pakistan's space activities into line with international trends and geopolitical difficulties in order to promote international cooperation and guarantee adherence to international norms. The NSP emphasises the importance of legal frameworks, public-private collaborations and sustainable space operations. It encompasses goals including national development, peaceful space utilisation and self-reliance in space technology. The National Space Agency is now known as the Space and Upper Atmosphere Research Commission (SUPARCO). The NSP outlines key areas of concern, such as industry promotion, capacity building, and research and development. Pakistan is set to become a major player in the international space community as SUPARCO implements the NSP, supporting scientific innovation, economic development and national security.

Released on Jun 18, 2024

Overview of Nigeria’s dynamic cryptocurrency regulatory landscape

Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban of cryptocurrency usage or trading, the regulatory regime remains in flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating risks like, foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.

Released on Jun 18, 2024

Lessons learned from the first filing year of Canada’s forced and child labour in supply chains legislation

Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the ‘Act’) came into force on 1 January 2024. On 20 December 2023, only a few months ahead of the 31 May 2024 reporting deadline, the government published the first set of compliance guidelines which, among other things, introduced an online questionnaire to be completed as part of the reporting obligations under the Act. Now that the 31 May deadline has passed for subject companies to file their reports under the Act, the time is ripe for reflection.

Released on Jun 16, 2024

Polish legal framework for nuclear small modular reactors

The article describes the existing Polish regulations on nuclear small modular reactors (SMRs) and presents the regulations contained in the Atomic Law and the Nuclear Special Act. On the basis of these legal acts, the main stages of the investment process are introduced, including the types of administrative permits required for this type of investment. The article draws attention to legal restrictions as well as other types of barriers to the development of SMR technology in Poland and also discusses the status of the first SMR projects in Poland.

Released on Jun 16, 2024

Overview on the current SMR’s development status in Mexico

Mexico is exploring the potential of Small Modular Reactors (SMRs) to enhance its nuclear energy capabilities. The Political Constitution assigns the responsibility for electric energy planning and control to the federal government, emphasising the strategic role of transmission and distribution. Key agencies such as the Ministry of Energy, the National Commission on Nuclear Safety and Safeguards (CNSNS) and the Federal Electricity Commission (CFE) are pivotal in this effort. While no specific SMR plans have been detailed, these bodies are actively involved in discussions and evaluations. The National Institute for Nuclear Research (ININ) also supports nuclear energy initiatives, including SMRs, to meet energy demands and reduce fossil fuel reliance. Despite the lack of a formal timeline, Mexico’s energy strategy shows promise for integrating SMRs into its clean energy future.

Released on Jun 16, 2024

Navigating new horizons: the legal framework for SMRs in Pakistan

This article investigates the possibility of Small Modular Reactors (SMRs) as a solution to Pakistan’s growing energy demands amidst challenges such as rising inflation, natural disasters and debt default. Highlighting the country’s reliance on imported fuel and the consequent circular debt, the article advocates for a move to nuclear energy, specifically the use of SMRs with Chinese aid through the China-Pakistan Economic Corridor (CPEC). The article describes China-Pakistan nuclear cooperation and the need for the Pakistan Atomic Energy Commission (PAEC) and the Pakistan Nuclear Regulatory Authority (PNRA) to provide a legal and regulatory framework to enable safe SMR deployment.

Released on Jun 16, 2024

Legal perspectives on SMRs in Canada

Canada is targeting net-zero carbon emissions by 2050. Small modular nuclear reactors (SMRs) are emerging as a potentially pivotal technology to achieving Canada’s emission targets. Several SMR projects are in development and offer a means to decarbonise the electricity grid, connect isolated Canadian communities, support Canada’s mining industry and potentially support medical applications. SMRs offer significant potential but development remains challenging and further evidence is required for deployment at scale. In this context, developments in regulation, licensing and design review will significantly impact the future of Canada’s emerging SMR industry.

Released on Jun 16, 2024

Türkiye: legal framework of small modular nuclear reactors and applications

The first initiatives regarding nuclear energy in Türkiye date back to approximately 70 years ago. Since this period, significant steps have been taken at various stages, culminating in the current state of nuclear energy development. A prime example of this progression is the collaboration between the Government of Türkiye and the Government of Russia to establish and operate the Mersin-Akkuyu nuclear power plant, including its ongoing construction. Additionally, similar projects are currently underway in Sinop and İğneada-Kırklareli. Consequently, the importance Türkiye places on nuclear energy indicates a potential shift towards Small Modular Nuclear Reactors (SMRs). Studies related to SMRs are being conducted by both governmental and private institutions.

Released on Jun 16, 2024

Brazilian tax reform: what should we expect?

Taxes in Brazil have never been easy, and they are likely to become even more complicated in the years to come, even if, in the long term, they are for a potentially positive outcome.

Released on Jun 11, 2024

Transfer pricing in India – a critical analysis

Transfer pricing, in very basic terms, refers to stock transfers between multinational companies or enterprises. But as easy as it sounds, it is also complex.

Released on Jun 11, 2024

Some reasons for the significance of American and British law firms in the global context

Globalisation has fundamentally accelerated and altered business transactions. The search for low labour costs and cheap raw materials has led to a proliferation of international transactions and large international law firms are being called on to participate in complex transactions generally and help businesses tap into sources of finance around the world for investment.

Released on Jun 11, 2024

Revolutionary changes in Argentina’s economic legislation

On 10 December 2023, a new president was inaugurated in Argentina with a strong capitalistic and conservative profile. President Javier Milei believes in balanced state budgets, free international trade, insertion of the country in the Western world, private investment as a means of economic growth and social advancement and deregulation of the economy.

Released on Jun 11, 2024

Globalisation is here to stay, and lawyers have got the message

It was not very long ago that the idea of an international law practice, much less that of an international law firm, was, if not a completely bizarre notion, certainly most unusual. Indeed, there was a time when, if you said ‘international law firm’, you would have been talking about the Franco-American law firm Coudert Brothers (or Coudert Frères), now vanished into the mists of history; and maybe Baker & McKenzie, the Dentons of the mid-century legal world. And that was it.

Released on Jun 11, 2024

New decisions in the Italian legal system regarding corruption in the healthcare sector

The fight against corruption in the healthcare sector in Italy is exploring new and interesting paths. Many pharmaceutical and medical device companies have been indicted in the last years for corruptive practices to ensure the utilisation of their pharmaceutical or medical products in hospitals.

Released on Jun 11, 2024

Top five takeaways on corruption perception in Latin America: insights from professionals across the region

Nearly ten years after it started, one of the biggest corruption scandals in recent history, ‘Lava Jato’, or Operation Car Wash, continues to wind its way through the Brazilian courts. In January 2024, a Brazilian Supreme Court judge suspended the payment of more than US$2bn by Novonor (formerly Odebrecht) as part of a leniency agreement where executives admitted to bribing Brazilian officials.

Released on Jun 9, 2024

Anti-bribery and corruption developments in South Africa

South Africa has, for decades, been grappling with the malaise of corruption. This has had a concomitant negative impact on public confidence, hindered economic growth through irregular expenditure and eroded the effectiveness of government institutions. There have, however, been notable developments in the country's efforts to update and enforce measures to fight corruption, which are traversed in this article.

Released on Jun 9, 2024

Focus on the CJIPs concluded at the end 2023 by ADP Ingénierie and SEVES Group/SEDIVER for the corruption of foreign public officials

On 4 December 2023, the Paris judicial court (tribunal judiciaire de Paris) approved the last two conventions judiciaire d’intérêt public (CJIP) (deferred prosecution agreements) for the corruption of foreign public officials, signed between the National Financial Prosecutor’s Office (Le procureur national financier or PNF) and ADP Ingénierie (ADPI) on the one hand and SEVES Group/SEDIVER on the other hand.

Released on Jun 9, 2024

Costa Rica strengthens its compliance and anti-corruption regulation

As part of Costa Rica's process of adherence to the Organisation for Economic Co-operation and Development (OECD), various laws have been enacted in order to strengthen the regulatory framework on compliance and anti-corruption. Part of these efforts are reflected in the recent enactment of two new laws that seek to strengthen our country's commitment to the fight against corruption and conform to high international standards, with special reference to the OECD Anti-Bribery Convention.

Released on Jun 9, 2024

Observations on new trends in Chinese anti-corruption laws and practice

In the Chinese legal system, provisions addressing commercial bribery are dispersed across various legal instruments and judicial interpretations. Among the different legal authorities in China, the core provisions guiding anti-corruption can be found in the Anti-Unfair Competition Law and its draft Amendment (issued in 2022 and still open for public comment); the Criminal Law of China, along with its amendments; and the Supervision Law of China and its accompanying regulations for implementation.

Released on Jun 9, 2024

Chile's new Economic Crimes Law

In August 2023, a new law on economic crimes came into force in Chile (Law No 21.595 or the ‘Economic Crimes Law’), which entails the most significant change in terms of criminal regulation since the promulgation of the Criminal Code in 1874. Anti-corruption matters are no exception and are also covered under this new law.

Released on Jun 9, 2024

Key considerations for effective compliance programmes in the Brazilian healthcare sector

Healthcare may be considered as one of the largest and most complex sectors in the world. Different legal entities and professionals provide services, devices, facilities and insurance, or goods and services to facilitate the provision of healthcare to patients, usually under strong regulation in most countries.

Released on Jun 9, 2024

Due diligence corporate sustainability: challenges and opportunities for LATAM companies

Supply chains, the arteries of global commerce, have empowered businesses, especially multinational corporations. However, this expansion has also exposed vulnerabilities, including human rights violations and environmental damage. In today's interconnected economy, with increasing awareness of the social and environmental impact of business operations, the integration of human rights considerations into supply chain management has emerged as a critical aspect of corporate sustainability.

Released on Jun 9, 2024

Brazilian legal framework on automated decision-making

Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously taken by humans, such as those related to hiring and dismissing employees; assessing insurance risks and credit scores; diagnosing medical conditions; and moderating social media content, are now being made by artificial intelligence (AI) systems through the massive processing of personal data. Although the rise of AI has undeniably brought many benefits to society, primarily through increased productivity and maximising efficiency, the widespread use of these systems also presents significant legal and ethical challenges to regulators worldwide.

Released on Jun 9, 2024

‘Privacy by design’: leveraging technology to ensure data privacy

As data privacy becomes an increasingly important concern across the world, innovative mechanisms such as privacy by design can be incorporated by corporations to add defensibility and probative value to their data privacy compliances.

Released on Jun 9, 2024

Guidelines and Regulations to Provide Insights on Public Policies to Ensure AI’s Beneficial Use as a Professional Tool

The Artificial Intelligence Working Group of the IBA Alternative New Law and Business Structures (ANLBS) Committee presents a comprehensive, up to date guide to the use of artificial intelligence as a professional tool, covering the main multilateral organisations and nine jurisdictions worldwide.

Released on Jun 7, 2024

North American updates: Canada and the US

Class actions updates from North America, featured in the IBA Class Actions Committee May 2024 newsletter.

Released on Jun 5, 2024

The interplay between the Cape Town Convention and insolvency law when a private airline company undergoes liquidation in India

The juxtaposition of India’s insolvency law and the Cape Town Convention has faced rigorous examination subsequent to Go First's recent insolvency petition. This article delves into the nuances of the Go First scenario, scrutinising how India’s National Company Law Tribunal's acceptance of the insolvency petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC) conflicts with the rights of aircraft lessors under the Cape Town Convention (CTC).

Released on Jun 4, 2024

OTT, IDC and cloud-computing services under Telecom Law 2023

In Vietnam, over the last decade, new-generation and innovative ‘telecommunication’ services such as over-the-top messaging (OTT) service, internet data centre (IDC) service and cloud-computing service (Cloud) have emerged and developed rapidly as a result of the 4.0 industrial revolution.

Released on Jun 4, 2024

Navigating the complex landscape of interlocking directorates in India

This article explores the complex implications of interlocking directorates and common ownership on competition, particularly in the Indian context. Through a comparative analysis, empirical evidence and case studies from across the globe, the article evaluates whether interlocking directorates has potential for both anti-competitive behaviour and innovation. It also explores whether it is possible that common ownership can enhance, rather than hinder, competitive dynamics.

Released on Jun 4, 2024