International Bar Association - THE GLOBAL VOICE OF THE LEGAL PROFESSION
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International Bar Association THE GLOBAL VOICE OF THE LEGAL PROFESSION
© International Bar Association (IBA) 2021
CONTENTS
Welcome messages Public and Professional Conferences42
Interest Division 25
IBA President Sternford Moyo 5
IBA Digital Content46
IBA Executive Director Mark Ellis 7 Section on Public and
Global insight: Film 46
Professional Interest 26
About the International Global insight: Podcasts 48
Bar Association9 Bar Issues Commission 28
IBA Global Insight magazine 48
A brief history 12 IBA’s Human Rights Institute 31
Journals, magazines and books 48
Membership14 Outreach36 Website and social media 48
Legal Policy and Research Unit 36
IBA structure 18 IBA and the global media 50
IBA International Criminal
Legal Practice Division 20 Court and International Education 53
Criminal Law Programme 41
Regional Fora 22 Contact info 56
4
WELCOME MESSAGES
IBA President Sternford Moyo
I greet you all in the spirit of friendship,
solidarity and collegiality, which lies at the
heart of the relationships within our great
It is refreshing to witness, across all nations
and cultures, an encouraging rejection of
all forms of discrimination, the embracing
as well as providing more secure pathways to
stability and prosperity.
association and trust that I find you well in of equality in relation to gender, ethnicity, In addition to hosting events, developing
the light of the Covid-19 pandemic. The beliefs, disability and others. In many parts of projects, and leading campaigns, the
pandemic emphasises the importance of the world, we have witnessed demonstrations Association produces extensive digital
positive human relationships and the need for which are a manifestation of impatience with content – whether film, audio or the written
us all to discharge our responsibility to care inequality and injustice, and a quest for a word – providing insight on issues of
for one another and treat all with whom we better world. specialist areas of law, and on the legal and
interact, with dignity, fairness and equality. ethical aspects of wider global issues that
Working through our Rule of Law Forum, the shape current international decision-making,
Among the main objects of our Association Human Rights Institute and across our great in diverse fields such as technologies, poverty,
is the creation and fostering of positive association geographically and thematically, the environment, geopolitics, mass migration,
relationships and exchanges among lawyers, we propose to deepen our commitment corruption, protectionism, or numerous
law societies and bar associations, in order to promote the positive values we have others. We aim to help equip and empower
to strengthen our capacity as a profession to always promoted and reject all forms of our members and all others who use these
promote and protect the rule of law, human discrimination and unfairness in the practice resources to engage more fully with the
rights and an effective administration of of law and the administration of justice. defining challenges of our time.
justice. We furthermore endeavour to build
the capacity of our national bar associations Diversity, in all its forms, is a value which we I invite you to learn more about our
and embark on profession development ought to pursue vigorously. Law, a field of Association by reading this brochure, and by
programmes, to enable us to collectively and human endeavour based on a philosophy of engaging with the wide range of content on
effectively promote and protect core values of even handedness, should really be the first our website. If you would like to join us as a
our profession. place where all forms of discrimination and member and take part in our activities, you
inequality ought to be eliminated. would be especially welcome. We would love
The rule of law has been challenged in to have your voice added to ours.
many parts of the world, including in Many of our committees work within
those nations traditionally considered to be commercial law specialisations, helping to
developed democracies. The situation has share knowledge across peer groups and
been exacerbated by failure by governments across borders, and creating precedents,
in many parts of the world to respond standards and guidelines to make
to national emergencies, such as the international transactions more efficient.
health emergency that we face within the This is often achieved by recommending
framework of the rule of law and observance potential cross-border harmonisations, or by
of human rights. Consequently, it has proposing model contracts to balance diverse
become important for us to implement and interests, such as the right to have safe and
maintain active and extensive programmes secure investments working in harmony with
highlighting the importance of the rule of the rights of the communities where the
law and capacitate national bars, particularly investment takes place. By helping to develop
developing bars, to respond appropriately to and promote such ideas and models, the
these challenges. spirit of justice and the rule of law is served,
5
© IBA 6
IBA Executive Director Mark Ellis
This past year has been the most challenging working committee sessions, organised Accompanying it is a kind of nationalism that
in the IBA’s history. As for so many 131 networking events, and broadcast adds a sinister layer of ideology and threatens
organisations, the onslaught of Covid dashed 20, Conversations with…, featuring such the values of liberal democracy.
our plans for a busy year of collaboration luminaries as John Kerry, 68th US Secretary
and connections. Out of necessity, we of State; Martin Luther King III, Global Embedded in today’s populist movements are
immediately pivoted to a fully functioning Human Rights Leader; John B Bellinger remarkable ignorance and disregard for the
virtual association. Thanks to strong financial III, Senate-confirmed Legal Adviser to the rule of law. Anti-democratic and authoritarian
reserves and remarkable volunteers in Department of State (2005-2009); The forces attack the most basic benchmarks of
countless leadership positions within the Honourable Chief Justice Geoffrey Ma the rule of law – an independent judiciary,
Association, we had what we needed to Tao-li, GBM, Chief Justice of the Hong Kong free press, and civil society. Mainstream
succeed and even excel in the Covid-19 Court of Final Appeal; Rt Hon Lord Patten media is seen as the enemy and the judicial
world. Paraphrasing Martin Luther King Jr., of Barnes CH, Governor of Hong Kong system part of the corrupt elite. International
it’s easy to lead in times of comfort, but it’s (1992-1997); Rt Hon David Miliband, institutions like the United Nations, European
how we lead in times of challenges that in President and CEO of International Rescue Union, the World Bank and the IMF are
the end will define us. Committee; Rt Hon Nicola Sturgeon MSP, rejected. Transatlantic relations rupture.
First Minister of Scotland; Kerry Kennedy,
I want to thank and pay tribute to the IBA When I was at university, I remember reading
President of Robert F Kennedy Human
staff. Facing the most significant challenge the seminal publication, The Open Society
Rights; Mary Robinson, President of Ireland
in our history, they persevered, embracing and its Enemies, written in 1945 by Karl
(1990-1997); Justice Richard J Goldstone,
Horace’s lesson that, ‘in adversity, remember Popper. He defended liberal democracy
Chief Prosecutor of ICTY and ICTR
to keep an even mind [Aequam memento and warned of the dangers of totalitarian
(1994-1996); Dr Fatou Bensouda, ICC
rebus in arduis servare mentem]’, that is ideology in the post-World War II period. I
Prosecutor; and Gordon Brown, Prime
exactly what they did! Stationed around think those dangers are now manifest and
Minister of the United Kingdom
the world, they came together virtually as a require an innovative response by the legal
(2007-2010).
highly efficient, finely-tuned team to get the community. This is a crisis of our time. This
job done. They deserve our eternal gratitude. The success of our operations during these should be our programmatic focus for 2021.
extraordinary times is, I believe, a reflection
As an association, we shifted all the liabilities Despite the now-trending retreat from
of who we are. The IBA has always been
associated with the spring specialised globalisation, we, as diverse nations and
more than a trade association. We are the
conferences and our mid-year council people, remain interdependent. Those
global voice of the legal profession. Thus, in
meetings. We moved the IBA 2020 Annual of us in the legal profession, and indeed
times of crisis it is not surprising that people
Conference scheduled for Miami, and all its defenders of the rule of law everywhere,
look to the IBA for insight, guidance, and
attached liabilities, to 2022. must not abandon our global perspective and
even solutions to the issues at hand. We are
commitments. The IBA, with its worldwide
rightfully seen as a thought leader, shaping
During the last ten months of 2020, we membership, remains a strong voice for
and enhancing commercial transactions,
created a Covid-19 website with 153 articles international commerce, and it holds true
speaking out against global human rights
focused on the law in the pandemic area. to its founding principles to be a force for
violations, representing the legal profession,
peace through justice, fair practice
The IBA committees and staff worked and advocating for, and protecting, the rule
and accountability.
tirelessly to launch 134 webinars, attracting of law.
over 100,000 registrants.
This last area – protecting the rule of
We then turned our attention to producing law – is particularly salient today as we
the IBA’s 2020 – Virtually Together witness the destructive rise of populism.
Conference. The month-long Conference Seemingly born of unfulfilled expectations,
attracted 13,323 registrants, making it perceived loss of cultural identity, and income
by far the largest virtual conference of disparity, populism has taken root in countries
lawyers in the world. We presented 197 across the world, even in surprising places.
7
IBA2020
2–27 November
VIRTUALLY TOGETHER
In 2020 we held our first virtual conference attended by
over 13,000 participants from 160 countries. The month-long
Conference included over 238 working sessions and 100
networking sessions.
8
A B O U T T H E I N T E R N AT I O N A L
B A R A S S O C I AT I O N
The IBA, established in 1947, is the world’s access to leading experts and up-to-date between the IBA Legal Policy and Research
leading organisation of international legal information, enabling them to better Unit (LPRU) and the European Parliament’s
practitioners, bar associations, law firms and represent their clients’ interests. Rapporteur on Whistleblower Protections,
law societies. MEP Virginie Rozière; or the IBA LPRU’s
Through its various committees, fora and task participation in several Expert Working
The IBA influences the development of forces, the IBA facilitates the exchange of Groups of the UNODC.
international law reform and shapes the information and views among its members
future of the legal profession throughout as to laws, practices and professional
the world. It has a membership of more than responsibilities relating to the practice of law IBA presidential task forces
80,000 individual lawyers and nearly 190 bar around the globe.
associations and law societies spanning over and special projects
170 countries.
Global partnerships As part of its mandate to be the voice of the
Inspired by the vision of the United Nations, legal profession, the IBA convenes a number of
the IBA was founded in the same spirit, just The IBA has created partnerships and works task forces and presidential priorities to explore
before the Universal Declaration of Human closely with a number of global bodies, and address pressing contemporary issues.
Rights was proclaimed in 1948. including the:
These include focus on a wide variety of areas:
The principal aims and objectives of the IBA • UN Conference on Trade and Development
are to: • Us Too: Bullying and Sexual Harassment in
(UNCTAD);
the Legal Professions – a global report
• protect the rule of law and enhance the • UN Office on Drugs and Crime (UNODC);
• Whistleblower Protections
rule of law globally; • UN Commission on International Trade Law
• Climate change justice and human rights,
(UNCITRAL);
• support the independence of the judiciary addressing this fundamental justice
• Organisation for Economic Co-operation concern and assessing the challenges to
and the right of lawyers to practise their
and Development (OECD); the current national and international legal
profession without interference;
• Financial Action Task Force (FATF); regimes on climate change
• support human rights for lawyers
worldwide through the IBA’s Human • B20; • Human trafficking and how the legal
Rights Institute; • European Commission profession can contribute to mitigate the
problem
• provide members with world-class • European Parliament;
professional development to enable • Independence of the legal profession,
• World Bank;
them and their organisations to deliver assessing the threats to the independence
• World Trade Organization (WTO); of lawyers around the world; and
outstanding legal services;
• International Institute for the Unification of • Digital contact tracing for the Covid-19
• promote an exchange of information and
Private Law (UNIDROIT); and pandemic – a business and human rights
views among its members as to laws,
practices and professional responsibilities • Office of the UN High Commissioner for perspective
around the globe Human Rights (OHCHR).
Current key interest areas for the IBA include
• deliver top-level international network- The IBA brings together the worldwide legal cybersecurity, the future of the legal profession,
building opportunities; fraternity to develop the harmonisation judicial integrity and the rule of law.
• be committed to the development of of law across borders and provide an
international law reform; and environment conducive to international
• contribute to the advancement, business. Examples include: the IBA OECD
development and harmonisation of law at UNODC Anti-Corruption Strategy for the
an international level. Legal Profession; the IBA Women Business
Lawyers Initiative; the Anti-Money Laundering
The IBA covers all practice areas and Forum; the IBA Working Group on Business
professional interests, providing members and Human Rights; the collaboration
9
Clockwise from top: Screen-shot from the
IBA app; eyeWitness to Atrocities logo;
delegates at the Opening Ceremony,
IBA Annual Conference, Rome
Opposite page: Business Law International,
Journal of Energy & Natural Resources Law
and Competition Law International
10IBA Bar Issues Commission IBA International Criminal IBA conferences,
Court and International publications, website and
The IBA’s Bar Issues Commission (BIC)
represents the interests of nearly 190 bars Criminal Law Programme app (www.ibanet.org)
and law societies from over 170 countries
that are members of the IBA. The IBA International Criminal Court and The IBA’s world-class events and
International Criminal Law (ICC & ICL) high-quality media content provide unrivalled
It provides an invaluable forum for IBA Programme monitors issues related to fairness professional development and network
member organisations to discuss all matters and equality of arms at the ICC and other building opportunities for international legal
relating to law at an international level and to Hague-based war crimes tribunals, and practitioners and professional associates. The
exchange views and expertise, with the aim encourages the legal community to engage IBA organises over 50 specialist conferences
of raising standards and sharing best practice. with the work of these Courts. Programme globally each year, interactive webinars, and
Representatives from bar associations sit on information is disseminated through regular the IBA Annual Conference, the world’s largest
the IBA Council, which is the governing body reports, expert discussions, workshops gathering of international lawyers, attracting
of the IBA. and other events. The IBA Hague Office around 6,000 attendees each year.
selectively monitors other courts and tribunals
The BIC is engaged in a number of projects to with a mandate to try international crimes. Publications and committee updates cover
address contemporary issues relevant to bar The Programme also acts as the interface a wide variety of interests with high-quality
associations and law societies. between the Courts and the global legal information for practitioners. The IBA’s
community, and consults and interacts with flagship magazine IBA Global Insight keeps
Courts’ officials, civil society organisations, members informed of the issues affecting
IBA’s Human Rights academics and international lawyers. the legal profession around the world. All
Institute publications and reports are available through
the IBA website and app.
The IBA’s Human Rights Institute (IBAHRI), eyeWitness to Atrocities
an autonomous and financially independent
entity, works with the global legal eyeWitness to Atrocities, an initiative of the
community to promote and protect human IBA, is a registered charity seeking justice for
rights and the independence of the legal the worst international crimes. Launched in TRIM SIZE: 170
X 245 mm
profession worldwide. 2015, eyeWitness seeks to facilitate justice SPINE WIDTH:
6.0 mm
Journal of
for atrocity crimes by providing human
2020 pp 339–477
Journal of ENER
4 November
Vol 38 No
It provides human rights training and rights documenters with a mobile camera Energy
& Natural ion Law
GY & NATU
technical assistance for legal practitioners app to capture verifiable photos and video mce
Cour Law
pestit
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Competition Law
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Internationa
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and institutions, building their capacity to for investigations or trials. The information must be part
RESOURCE
Editorial , ‘energy security’
sources transition
As world energy UST SECTION
International
THE ANTITR
JOURNAL OF
of the equation ASSOCIATION
ATIONAL BAR
effectively promote and protect human
Don C Smith
OF THE INTERN
received by eyeWitness is reviewed by legal
electricity policies
Articles harmonised
coupling: towards
Power market Community
East African Okoli
in the and Pontian N challenges
S LAW
Geoffrey A Mabea hotspots and
ry framework: ISSN 1817 5708
electricity regulatoy development 2019
The Nigerian le electricit DECEMBER
rights under a just rule of law. A leading
for off-grid renewab 2 pp 101–236
analysts who identify the appropriate regional,
OleNo ed
Vol 15
Ngozi Chinwa ater law: establish
Africa’s groundw ip
ives on South
Critical perspect novel concept of public
trusteesh
on big tech
practice and
the
n compe tition law: tough
Germarié Austria
Viljoen y transmis sion
European electricit ds in the
CongestiRaoul Hoffer ent ingrip on it? Revised safeguar
on displacem
develo pments in Brazil
institution in international fact-finding,
a codes
systems – finally
getting
the European
network sector: recent
national and international justice mechanisms
Package and ance in the digital
Clean Energy
Abuse of domin
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and reservoir
Julius Rumpf n of Iran’s fields
and productio
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Explorati on, developm
Guilherm Contract (IPC) Data
Bureau and Big
Iran Petroleum
through the
Competition
The Canadian
Elaheh Ghorbani
it produces expert reports with key
g value of
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to act on the information. eyeWitness
CommeZirjan ons, three judgeme
Derwa in strengthening
Three jurisdicti litigation and judicial practice
environmental law t: is China different?
ental rule of
the interne
Antitrust and
the environm
post COVID-19
Cameron Diver and energy policy
Adrian Emchonal taxation ng countries
Rethinking internati against big tech
crisis for developi st enforcement
recommendations, delivering timely and
and the financial and Jack Sheehan s in EU antitru
works closely with its partners around the
Raphael J. Heffron development
Recent
Book Review y
Rino Caiazzo the digital econom
VOL 38 NO 4
tition law and
challenge – compe
Rising to the
reliable information on human rights and
Jay Modrall
Ariel Ezrachi and
world to collect, curate and tag relevant
in India
tech regulation
pments in big Ramesh and Rajshree
Sharma
Recent develo
2020
Krithika
Hemangini Dadwal, ctive
Aditi Gopalak
rishnan, country perspe
y: a developing
digital econom
the legal profession. The IBAHRI supports
policy in the
information, which is used to build photo
Competition James Hodge
Thembalethu
Buthelezi and
of antitru st law in the
ement16:37:03
10-10-2020
tion and enforc
pments in legisla
Recent develo in South Korea
digital/tech sector
lawyers and judges who are arbitrarily and video dossiers that can later be used by Dave B Koo and
Tae Hyuk Ko
st enforcement
of the tech titans
VOL 15 NO 2
in US antitru
go: a new card
RNRL 38_4 Cover_Mac.
indd 1-3 Do not pass
and Abigail Cessna
Timothy Cornell
harassed, intimidated or arrested through
tion
each jurisdic
accountability mechanisms. regulators from
2019
Interviews with
10:58:28
advocacy and trial monitoring.
06/01/2020
1
November 2019.indd
CLI - cover -
A focus on pertinent human rights issues,
including the independence of the judiciary
and legal profession, sexual and gender
based violence, the abolition of the death
penalty, sexual orientation and torture
prevention, forms the basis of targeted
capacity-building and advocacy projects
based on thematic areas.
11A BRIEF HISTORY
I nspired by the vision of the United Nations
and with the aim of supporting the
establishment of law and the administration
regardless of practice area, such as law firm
management, professional ethics and legal
training. (See p 25.) The PPID includes the Bar
Human rights
The IBA Standing Committee on Human
of justice worldwide, representatives of 34 Issues Commission (BIC), which coordinates Rights and the Just Rule of Law was formed
national bar associations gathered in New activities and projects in the interest of IBA in the 1980s. In 1992, an Action Plan
York on 17 February 1947 to create the member organisations (bar associations and was adopted to establish a Trial Observer
International Bar Association. law societies). (See p 28.) Corps and investigate cases where judges
and lawyers or the independence of bar
To build on the principles of the IBA’s regional
associations were threatened. In 1995,
From strength to strength fora, which represent the interests of lawyers
the formation of the IBA’s Human Rights
practising in or with links to a particular
Institute (IBAHRI) expanded this work and
IBA membership grew steadily and was region, and adding to the head office in
gave member organisations and individual
accelerated in 1970 by the admission of London, England, IBA offices were established
members the opportunity to contribute
individual lawyers to the Association and the in São Paulo, Brazil in 2005; in Seoul, South
actively. Today, the IBAHRI works across
formation of the IBA Section on Business Law Korea in 2012; and in Washington, DC,
Africa, the Americas, the Asia Pacific region,
(SBL), with 20 member committees covering United States in 2013. These developments
Europe and the Middle East in promoting,
different practice areas established under the underline the IBA’s continuing aim to remain
protecting and enforcing human rights under
SBL by the following year. the global voice of the legal profession.
a just rule of law. (See p 31.)
Further sections and committees were created Over the past decade the Association’s
in subsequent years and by the end of 2004, membership has broadened in focus to
when the SBL was reorganised into the Legal include younger lawyers and associates and,
Practice Division (LPD), there were around since 2010, law students with an interest in
60 committees and fora covering all areas of international and cross-border legal issues,
legal practice. (See p 20.) in an ongoing effort to foster relationships
and facilitate the exchange of information
The Public and Professional Interest Division between more experienced practitioners and
(PPID) was established in 2005, focusing the legal minds of the future.
on key issues that may affect lawyers
12Clockwise from top: Volume I, Issue I of
International Bar News, September 1947
(now IBA Global Insight); banquet to mark
the first Conference of the IBA, New York,
21 October 1947; portrait of George Seward,
Honorary Life President of the IBA and
Founder of the Business Law Section of the
Association in 1970.
13MEMBERSHIP
Where do IBA members come from?
1–100
101–500
501–1,000
1,001+
IBA at a glance
80,000+ individual members
188 member
organisations
Established in New York 171 countries
in 1947, the IBA is the
world’s leading association
of international legal 220+ group
membership firms
practitioners, bar associations
59,000+
and law societies webinar registrants
in 2020
IBA milestones and members worldwide
961 patrons/subscribers IBA office moves
Established and 43 member from New York Membership
in New York organisations to London reaches 18,000
1947 1961 1969 1998 2005
Latin America office
opens (São Paulo)
IBA-ICC Outreach
Programme office
opens (The Hague)
Group Membership
Scheme launch
2020 2018 2017 2016 2015 2013 2012
First Virtual Group 70 years Membership eyeWitness North America Asia office
Annual Conference membership of the IBA reaches 80,000 to Atrocities office opens opens (Seoul)
with over 13,000 passes 200 launch (Washington, DC)
delegates firms
14IBA membership
Nearly 70 per cent
of international IBA
members come from 0.2% retired
private practices
0.3% qualified non-practitioner
1.2% barrister
23.3% unknown
Individual 0.5% public
membership 1.2% solicitor
by lawyer type 3.4% corporate counsel
0.7% academic
0.2% judge/justice
69% private practitioner
What membership offers
80,000+ World-class conferences
and webinars:
access to top-level professional
International lawyers:
development every year
a unique global
networking opportunity
with access to the world’s largest
international legal network
Build your profile
Make contacts through practice 70+
committee membership, speaking
Membership committees:
to and building connections with
access to expertise development
your peers worldwide and being
spanning every area of law
part of the IBA online network
Access to practice Business development
Relevant legal resources – articles Opportunities through networking with
and committee updates from leading the world’s leading business lawyers
practitioners worldwide available to
members only
15What your membership means to your firm
Time efficient
Referral network The IBA brings professional
The IBA is the biggest contacts to you in one
international referral place – 2,700 international
network in the legal world organisations and law
firms at the IBA Annual
Conference
Risk awareness Cost saving
Business intelligence on Discounted delegate fee
issues allowing you to for IBA members at all IBA
pre-empt their impact conferences worldwide,
and to exploit the including the IBA Annual
opportunities they present Conference
Local knowledge
Global reach and contacts
Conferences held in Participation in regional
locations worldwide forums – what’s
attract an international happening in regions
audience where your firm’s clients
have interests
Free resources
The latest information on
@
legal developments in your
chosen committee practice
areas as part of membership
16‘
What IBA members are saying
I believe that being a
member of the IBA and
‘
having attended the Annual
Conferences for many years
Being an IBA member
has really helped shape my
has been professional
international career. The
life-changing opportunity
IBA has certainly made a
‘
for our firm. We’ve met so
difference for me in terms
many people and learned
The IBA is a friendly of getting to know a lot
so much about the legal
network that provides you of colleagues around the
industry and different
with great personal support. world, and after so many
practice areas of the law.
It can help you meet people years, making some real
We’ve also gained insight
who you can rely on in terms friends. I’ve been able to
about the future of the legal
of your day-to-day work, but interact with jurisdictions
profession, how to manage
it also offers a tremendous that have expertise in
a law firm, the trends and
opportunity to meet people natural resources and I
hot topics in a range of
from all over the world. The really think that has made a
different legal areas, and
IBA helps remind you of the difference for me.’
the experiences of the best
importance of the rule Florencia Heredia
law firms in the world.
of law and why you Allende & Bre, Buenos Aires
David Gutierrez
became a lawyer. BLP, Madrid
Jessica Roland
Mourant, Guernse
IBA Annual Conferences
Chicago 2006 Attracting over 6,000
Singapore 2007 attendees from 2,700
organisations and
Buenos Aires 2008
law firms around
Madrid 2009 the world
Vancouver 2010
Over 200 working
Dubai 2011
sessions covering all
Dublin 2012 areas of practice
Boston 2013
Up to 25 CPD/CLE
Tokyo 2014
points
Vienna 2015
Washington, DC 2016 A variety of social
functions providing
Sydney 2017
opportunities to
Rome 2018 network and see
Seoul 2019 the host city’s
Virtually Together 2020 famous sights
Paris 2021
Miami 2022
17IBA Council meeting, IBA Annual Conference, Vienna
IBA STRUCTURE
IBA Divisions proposes, debates and passes resolutions; Management Board
and receives reports from all IBA Divisions.
The IBA membership committees are grouped When the Council meets, it aims to provide an Although the IBA Council is the governing body
in two divisions: the Legal Practice Division international platform to give a fair hearing to of the IBA, it delegates the day-to-day running
(LPD) and the Public and Professional Interest all points of view from its members. Through of the Association to the IBA Management
Division (PPID). The LPD covers all areas of the IBA, all member organisations can find a Board. The Management Board is comprised
legal practice in practice area committees. voice on this international stage. of the President, Vice-President,
The PPID comprises of committees focusing Secretary-General and senior leadership of each
The Council’s membership comprises up to
on matters relevant to all lawyers, regardless division. They meet at least three times a year
two representatives (IBA Councillors) of each
of practice specialisation and includes the Bar and are concerned with administrative and
member organisation, the present IBA Officers
Issues Commission (BIC), the IBA’s Human managerial matters, whereas matters of policy
and immediate past president, the senior
Rights Institute (IBAHRI) and the Section on are raised for the attention of the Council.
Officers of each division and their immediate
Public and Professional Interest (SPPI).
past chairs, the Deputy Secretary-Generals, the
Chairs of IBA Standing Committees and the
Honorary Life Members of the Association.
IBA Council
The Council meets twice each year: once during
The IBA Council is the governing body of the the IBA Mid-Year Meetings, held in May, and
IBA. It elects the IBA President, Vice-President, again during the IBA Annual Conference, held
Secretary-General and the BIC Officers; it in September/October of each year.
18Legal Practice Division sections, committees and fora
African Regional Forum Criminal Law Committee International Trade and Customs Law
Agricultural Law Section Diversity and Equality Law Committee Committee
Anti-Corruption Committee Employment and Industrial Relations Law Latin American Regional Forum
Antitrust Section Committee Leisure Industries Section
Arab Regional Forum Environment, Health and Safety Law Litigation Committee
Arbitration Committee Committee Maritime and Transport Law Committee
Art, Cultural Institutions and Heritage Law European Regional Forum Media Law Committee
Committee Family Law Committee Mediation Committee
Asia Pacific Regional Forum IBA Global Employment Institute Mining Law Committee
Asset Management and Investment Funds Healthcare and Life Sciences Law Committee Negligence and Damages Committee
Committee Immigration and Nationality Law Committee North American Regional Forum
Aviation Law Committee Indigenous Peoples Committee Oil and Gas Law Committee
Banking Law Committee Insolvency Section Power Law Committee
Business Crime Committee Insurance Committee Private Client Tax Committee
Business Human Rights Committee Intellectual Property and Entertainment Law Product Law and Advertising Committee
Capital Markets Forum Committee Public Law Section
Closely Held and Growing Business International Commerce and Distribution Real Estate Section
Enterprises Committee Committee
Securities Law Committee
Communications Law Committee International Construction Projects
Space Law Committee
Consumer Litigation Committee Committee
Taxes Committee
Corporate and M&A Law Committee International Franchising Committee
Technology Law Committee
Corporate Counsel Forum Water Law Committee
Public and Professional IBA’s Human Rights Institute (IBAHRI) Lesbian, Gay, Bisexual, Transgender and
Intersex (LGBTI) Law Committee
Interest Division Section on Public and Professional
Poverty and Social Development Committee
Interest (SPPI)
committees and other Academic and Professional Development
Pro Bono Committee
entities Committee Professional Ethics Committee
Access to Justice and Legal Aid Committee Regulation of Lawyers’ Compliance
Bar Issues Commission (BIC)
Committee
Bar Executives Committee Alternative and New Law Business Structures
Committee Rule of Law Forum
BIC International Trade in Legal Services
Forum for Barristers and Advocates Senior Lawyers’ Committee
Committee
Human Rights Law Committee War Crimes Committee
BIC Regulation Committee
Judges’ Forum Women Lawyers’ Interest Group
BIC Policy Committee
Law Firm Management Committee Young Lawyers’ Committee
19LEGAL PRACTICE DIVISION
T he IBA Legal Practice Division (LPD) covers
all practice areas of law. The objectives of
the LPD are to:
The guidelines can be downloaded from the
Committee website at www.ibanet.org/
LPD/Corporate_Law_Section/Corporate_
LPD committees partner with
UNIDROIT to harmonise global
• promote an interchange of information and MA_Law_Committee/Default.aspx. contract law
views among its members as to laws, practices
and professional responsibilities relating to the A number of LPD committees are
The future of work collaborating with the International Institute
practice of law throughout the world;
• facilitate communication among its members; for the Unification of Private Law (UNIDROIT)
The IBA’s Global Employment Institute
• provide the opportunity to all its members to enhance its Principles of International
(IBA GEI) was formed in early 2010 for the
to be active in the LPD through its Commercial Contracts.
purpose of developing a global and strategic
sections, committees, fora and other approach to the main legal issues in the First published in 1994, the UNIDROIT
groupings; and human resources and human capital fields for Principles have influenced contract law
• undertake such related projects as may multinationals and worldwide institutions. reform worldwide and are increasingly used
be approved from time to time by the
as an authoritative reference in international
LPD’s council. The Institute is fast becoming the leading
commercial arbitration and contract practice.
voice and authority on global HR issues by
virtue of having a number of the world’s An IBA working group has been set up,
Selected highlights from leading labour and employment practitioners in consultation with relevant committees,
the LPD in its ranks, and the support and resources comprising about 50 specialist lawyers,
of the world’s largest association of judges and academics from 30 countries,
international lawyers. to consider how the Principles can be made
The LPD continues to enhance the IBA’s
global offering through a number of projects more user-friendly and business-focussed for
Strengthening its relationship with the
initiated by the committees and/or by legal practitioners.
International Labour Organization, in
contributing to the impressive work of the
2019 the IBA GEI recently formalised an The group has compiled summaries of about
IBA Legal Policy and Research Unit.
agreement between the two organisations to 300 court and arbitration cases where the
collaborate and contribute to the debate on Principles have been applied or have been
The following projects are being developed
‘The Future of Work’ from a multidisciplinary used for the interpretation of national and
under the leadership of the LPD:
legal perspective. Globalisation, climate international law, as an aid for practitioners.
change, demography and, in particular, It’s also prepared a series of country reports
IBA Corporate and M&A Law the continuous and disruptive process of on the application of the Principles.
Committee Legal Due Diligence automation and digitalisation are big drivers
Guidelines for changes that directly affect the future of A working document was produced and
work. The joint report can be accessed here. submitted to the UNIDROIT Governing
The IBA Corporate & M&A Law Committee, Council and there are plans to produce a
Drawing on the wealth and resources of hardcopy publication by the American Law
with contributions from a significant number
the IBA membership, the IBA GEI’s skilled, Institute in 2021. The project has helped
of IBA committees across various areas of
dedicated and experienced members provide ensure international legal and business
practice, has published a set of guidelines for
a unique employment, discrimination and communities obtain a wider knowledge and
conducting legal due diligence investigations
immigration law contribution to private and understanding of the Principles. A link to the
in the context of M&A transactions.
public organisations throughout the world on report can be found at www.ibanet.org/
The objective of these guidelines is to a diverse range of global issues. Publications/Perspectives-in-Practice-of-
provide useful information on topics that the-UNIDROIT-Principles-2016.aspx.
The reports of the IBA GEI can be downloaded
are relevant in M&A legal due diligence, as
from the IBA GEI website at www.ibanet.
well as practical guidance for conducting LPD Task Force on Government
org/LPD/Human_Resources_Section/
well-organised due diligence processes. In
Global_Employment_Institute/Global_ Access to IT Systems
this regard, the guidelines are intended to
Employment_Institute_Home.aspx.
serve as an overview and baseline to legal
The LPD has set up the Task Force on
practitioners around the world, promoting a
Government Access to IT Systems, consisting
broader comprehension of what would be
of members from various committees of the
expected by clients and, therefore, helping
IBA Intellectual Property, Communications
to improve the quality of due diligence
and Technology Law Section, to draw up a
investigations.
20Delegates at IBA Annual Conference, Seoul
set of working principles that aim to set a The Guide also provides an overview of the Specialist conferences
framework to reconcile the different rights data protection landscape in Africa, a checklist
and interests involved in governments gaining for assessment of data protection compliance The committees and fora of the LPD are
access to data. by legal practitioners, involved in over 80 conferences/events on an
privacy-by-design mechanisms, a annual basis, with new events and training
The final report was published on the IBA step-by-step guide to the implementation being added to the calendar each year. Some
website in September 2020 and can be found of data protection principles and data of the larger conferences that are held annually
here at www.ibanet.org/LPD/Government- classification methods for privacy management are the IBA Annual Mergers and Acquisitions
Access-to-IT-Systems.aspx. of a legal practice. Conference and the European Corporate
and M&A Conference – both are presented
Doing Business in Asia Pacific The report is now in production and will be by the Corporate and M&A Committee
published very shortly. and are supported by the relevant regional
In 2020, the Asia Pacific Regional Forum forum. The Biennial Latin American Regional
published a comprehensive, innovative guide Training Conference, Annual Financial Law Conference,
to doing business in the Asia Pacific, covering Annual Arbitration Day, Annual Competition
11 jurisdictions. The guide focuses on the All LPD committees regularly contribute to Conference and Annual International
common pitfalls and cultural differences the IBA’s Training Programme, organised and Conference on Private Investment Funds are
of doing business throughout the region. run by the IBA Young Lawyers’ Committee just a few of the successful conferences that are
This is the first edition (2020) of a project and designed to assist young and newly presented and supported by the LPD.
that the Forum intends to update every two qualified lawyers in their understanding of the
In 2020, due to the pandemic, the IBA moved
years and can be accessed at www.ibanet. fundamentals of international legal practice.
all of its events to online platforms and staged
org/Regional_Fora/Regional_Fora/Asia_ The LPD also contributes to more specialised
over 130 webinars and virtual conferences.
Pacific_Forum/Doing-business.aspx. training programmes such as the Antitrust
Many of the topics were presented by LPD
Committee’s ‘Advocacy for Regulators’
This guide is an important tool for both Committees.
training workshops, which provide advocacy
investors and the legal profession when and training for anti-trust authorities and Many committees produce updates
approaching certain critical aspects in Asia anti-trust lawyers in developing countries in featuring timely, relevant articles and news
Pacific jurisdictions. the area of anti-trust enforcement principles, on developments in their specific areas of
and also working in partnership with other practice. Many of the LPD committees are also
Data Protection Privacy Guide for organisations such as PRIME Finance, offering working to make their committee webpages
training to judges in the area of complex more interactive and a greater source of
Lawyers in Africa
financial transactions. information for their members. (See p 46
for more information about IBA publications
The Guide addresses privacy/data protection These are just a few examples of the work the and media content). The IBA website now
planning, functionality and management LPD committees have been engaging in. The hosts more digital content than it ever has
of a legal practice in Africa. The guide will majority of committees have also been involved before and throughout 2020, as a response
provide lawyers in Africa with sustainable, in planning and holding IBA conferences to the impossibility of the IBA hosting in-
practical and easy to implement data of specific interest to their members and person conferences, the LPD committees
protection controls/protocols. It has been participating in the IBA Annual Conference. undertook an impressively wide range of
developed drawing from the basic principles LPD committees are involved in a diverse range webinars, bringing together leading experts
contained in the various laws and frameworks of sessions at the Annual Conference, in both in their fields from around the world. The
on the Continent of Africa as well as global leading and supporting roles. films of these events are available to view on
trends such as the General Data Protection
the IBA website. This strand of content has
Regulations (GDPR) of Europe and other
proven enormously popular and will continue
associated international best practices.
throughout 2021.
21REGIONAL FORA
I BA regional fora represent the interests of
members practising in, or with links to, a
particular region. They provide networking
of interest is the continuing economic
importance of the region, including
reconstruction and investment projects
The Latin American Regional Forum
provides a focus for all IBA activities in the
region The Latin American Regional Forum
opportunities, organise conferences or following peace initiatives. is very active in supporting and developing
sessions at conferences and produce the profile and membership of the IBA in the
publications with regional relevance. They The Asia Pacific Regional Forum works region and seeking to facilitate networking
focus on enhancing the objectives of the closely with IBA committees by supporting and knowledge-sharing opportunities.
IBA in their respective regions through them in presenting their conferences
co-operation and support for bars. They assist within the Asia Pacific region. Committees The aims of the North American Regional
with the building of the membership, profile that have presented conferences in Forum are to spread knowledge about
and influence of the IBA within their region. the region include: the Corporate and legal practice within North America; expand
There are six regional fora, which between M&A Committee, the Private Equity the international perspective of lawyers
them cover the globe. Subcommittee, the Law Firm Management practising in North America; give North
Committee and the Arbitration Committee. American practitioners access to the IBA’s
The Asia Pacific Regional Forum has been extensive network of specialist members
Recent highlights working with the Public and Professional around the world; and give the world a
Interest Division in providing training days to unique way to network with North
The African Regional Forum provides assist young lawyers and junior members of American lawyers.
support for bar associations in developing the profession with their understanding
countries and development of laws and of the fundamentals of international
exchange of information. The African legal practice.
Regional Forum works closely with other
The European Regional Forum continues
committees of the IBA in bringing their
to develop and strengthen the existence
conferences to Africa and has recently
of the IBA within Europe by disseminating
worked with the Litigation Committee,
professional know-how and assisting
the North American Regional Forum,
committees and other constituencies of
the Environment, Health and Safety Law
the IBA. The goals of the Forum include
Committee, and the Corporate and
addressing current and long-term needs of
M&A Committee.
professional organisations and individual
The Arab Regional Forum provides lawyers members within the geographical reach of
active in, or with an interest in the region, the Forum, as well as increasing membership
with a means to establish contact and and participation in the IBA and integrating
exchange information with each other. A them within the Association. The European
particular focus of interest is the continuing Regional Forum supports a number of IBA
economic importance of the region, committee conferences annually, covering
including reconstruction and investment a wide variety of topics, including private
projects following peace initiatives. equity, M&A, corporate governance, global
insolvency and competition. The Forum also
The Forum continues to support IBA presents events such as the European Start
conferences on Islamic and international Up Conference, Balkan Legal Forum and the
law, among other topics. A particular focus Mediterranean Conference.
22African Regional Forum Arab Regional Forum Asia Pacific Regional Forum European Regional Forum
Latin American Regional Forum North American Regional Forum
From left: Delegates at the IBA Annual
Conference, Seoul, 2019; Elif Goksen,
IBA Outstanding Young Lawyer Award
winner 2019; Delegates at the IBA Annual
Conference, Seoul, 2019
23Clockwise from left: Neri Colmenares was given the IBA Award for Outstanding Contribution
by a Legal Practitioner to Human Rights at the IBA 2020 – Virtually Together Conference;
Daye Gang was named winner of the IBA Outstanding Young Lawyer Award for her work,
dedication and efforts in the emerging field of restorative justice for victims of sexual and
family violence, as well as her pursuit for accountability of perpetrators of crimes committed
in North Korea at the IBA 2020 – Virtually Together Conference; and Ishrat Hasan received the
IBA Pro Bono Award for her dedication to removing barriers to access to justice, specifically
for the poor, disadvantaged and marginalised communities in Bangladesh at the IBA
2020 – Virtually Together Conference
24PUBLIC AND PROFESSIONAL
INTEREST DIVISION
T he IBA Public and Professional Interest
Division (PPID) includes the Section on
Public and Professional Interest (SPPI), the
IBA Global Cross Border Legal
Services Database
by the continuing legislative criminalisation
in a number of Caribbean jurisdictions
involving consenting same-sex behaviours.
Bar Issues Commission (BIC) and the IBA’s With support of the PPID Activity Fund, the
The BIC International Trade in Legal Services
Human Rights Institute (IBAHRI), providing a goal of the research is that a final report
Committee, with the support of the PPID
wide array of projects, activities, committees should determine whether there is ongoing
Activity Fund, extended the IBA Cross Border
and other entities focusing on issues and harm to LGBTI persons in these jurisdictions
Legal Services Database to include a further
professional interests that make the practice as a result of the failure to decriminalise,
61 developing or emerging countries that
of law a profession and not solely an which may then, if appropriate, be brought
were not previously covered, bringing the
occupation. to the attention of the Inter-American
total of countries covered in the database
Court of Human Rights (the ‘Court’) for
The objectives of the PPID are to: to 146. The second phase of this project
an advisory opinion. Although a judgment
focussed on the emergence of regional
of the Court may not be legally binding
• promote an interchange of information trade agreements and gathered additional
on the Organization of American States
and views among member organisations information about regulation around digital
(OAS) member states, in the past, individual
of the IBA and its individual members trade and restrictions on data traffic, which
member states have effected change when
about the public and professional interest has fed into work by the committee on
required by advisory judgments of the Court.
activities of the legal profession throughout digital legal services. Data storage and flows
The purpose of the research is to facilitate
the world; are significant for lawyers and whilst privacy
such an eventuality. This report is due for
• support and promote those activities, and security concerns are highly pertinent,
publication spring 2021.
the rule of law and the defence of impediments to the free flow of data will
human rights; increasingly affect lawyers’ ability to work
collaboratively across borders. Inspiring a new generation of
• facilitate communication among member
human rights lawyers
organisations and its members; www.ibanet.org/PPID/Constituent/Bar_
• provide the opportunity to member Issues_Commission/BIC_ITILS_Map.aspx.
The IBA’s Human Rights Institute (IBAHRI)
organisations and all members to be active has carried out a number of projects aimed
in the division through its BIC, committees, Lesbian, Gay, Bisexual, at enthusing a new generation of human
fora and other groupings; and
Transgender and Intersex (LGBTI) rights lawyers in Tajikistan and Kazakhstan
• undertake related and relevant projects with assistance of the PPID Activity Fund. In
Law Committee project: respect
through its entities. 2019 The IBAHRI embarked on a new project
for sexual orientation in the to contribute to human rights protection
Caribbean – criminalisation of in Zambia, by enthusing a new generation
PPID Activity Fund sexual relations between persons of young Zambian lawyers to engage in
human rights, be human rights-aware, and
of the same-sex pursue careers in human rights practice,
Annually, the PPID provides financial
assistance for the launch of projects and including at the domestic, regional (SADC)
The Lesbian, Gay, Bisexual, Transgender and
activities that promote public interest and and international level (with the UN). The
Intersex (LGBTI) Law Committee has been
professionalism, and raise the stature and project is on-going and in 2021 the IBAHRI
working with the Inter-American Institute
visibility of both the PPID and the IBA. To plan to develop a series of five webinars
of Human Rights and the United Nations
date, over £1,160,000 has been awarded to aimed to build awareness and support the
Latin American Institute for the Prevention
various projects, including: development of young lawyers in Africa on a
of Crime and the Treatment of Offenders
broad spectrum of human rights issues.
(ILANUD) on a research project to determine,
inter alia, the ongoing harm that is caused
25SECTION ON PUBLIC AND
PROFESSIONAL INTEREST
Selected highlights Challenges of access to justice Women in law
The IBA’s Access to Justice and Legal Aid The Women Lawyers’ Interest Group offers
The future in legal services Committee worked on a global study in a forum for women lawyers across the
partnership with the World Bank, aimed globe, and as part of its mandate, biennially
Together with the Law Schools Global to demonstrate the economic benefits of brings together some of the world’s leading
League (LSGL), the IBA’s Future of Legal legal aid services. The project provides the practitioners to participate in sessions on
Services Commission is currently in the final empirical foundation to demonstrate that recent legal topics, offering attendees
stages of an ambitious research to study legal aid services offer net economic benefits an excellent opportunity to network and
the trends that are shaping the future of to governments that invest in them. The exchange experiences. In 2018, the group
legal services, with a particular focus on the global study offers a key advocacy tool commenced a project together with
impacts of globalisation and technological that the IBA and its partnering national bar LexisNexis and the Law Society of England
disruption. This project has analysed what associations and civil society organisations and Wales titled ‘International Women and
those drivers mean for legal education can use to encourage governments to the Law Programme’. It address matters
globally. The overarching objective of this budget adequately for legal aid programmes. relevant to gender rights and gender equality
research project is to produce a ‘blueprint’ The study was launched at the IBA Annual internationally, looking to achieve the
that aims at inspiring the necessary reform Conference in Seoul 2019 and the report promotion and support for gender equality,
of legal education at global level to respond can be downloaded from the IBA website. striving to level the playing field for women
to the challenges of the legal professions. www.ibanet.org/PPID/Constituent/ and, in particular, female lawyers, judges and
The blueprint starts by outlining a range of AccesstoJustice_LegalAid/Projects.aspx. prosecutors. Activities such as exchanges,
key challenges facing law schools, ranked capacity-building training and research also
by importance and categorised by region, help to strengthen the solidarity linkages
and is currently being updated to include
Training for young lawyers
between female lawyers in the UK with their
the Covid-19 crisis. The report is due to be fellow lawyers in foreign jurisdictions.
Providing the future generations of lawyers
published early 2021.
access to content, education and a global
networking is of high importance to the IBA. Online content
Rule of law Annually, the Young Lawyers’ Committee
organises a series of highly interactive training The SPPI and its committees are committed
The IBA’s focus on the rule of law has become events designed to assist young and newly to providing a wide range of online content
more critical than ever. The IBA’s Rule of Law qualified lawyers in their understanding of the to the global legal community. Central to this
Forum aims to provide relevant content and fundamentals of international legal business are a number of webinars organised over the
information, and has put together three practice. The courses provide exposure to past years, looking at various aspects of law
excellent videos published online, following international legal business practice, which, firm management, professional ethics in the
on to the Rule of Law Symposium in Seoul. in light of the climate of globalisation, is legal profession, diversity and equality, pro
This is part of the IBA’s commitment to make becoming increasingly important for the next bono work, human rights issues, rule of law,
resources available online, such as podcasts, generation of the profession. The committee and leadership. www.ibanet.org/webinars.
videos and webinar recordings. Annually, works closely with the local bar associations aspx.
a big Rule of Law Symposium is being for these training courses, and recent events
held, looking at the rule of law in different have taken place in Boston, Tokyo, Vienna,
jurisdictions and within current political
Awards
Sydney, Madrid, Abuja, Jakarta, Santo
and socio-economical contexts. All content Domingo, Rome and Seoul. www.ibanet. The Section on Public and Professional
is available at www.ibanet.org/PPID/ org/Education_and_Internships/PPID_ Interest (SPPI) continues to recognise
Constituent/Rule_of_Law_Forum/Default. Training_Course_Programme.aspx. outstanding achievements among young
aspx.
lawyers, women lawyers, as well as lawyers
in the field of pro bono and in human rights,
thanks to the support of LexisNexis and their
on-going sponsorship of the awards. The very
first virtual award ceremony launched during
the IBA 2020 – Virtually Together Conference
and can be viewed online. www.ibanet.org/
VirtuallyTogether-films.aspx.
26You can also read
