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DAILYNEWSV I E NNA MONDAY, OC TO B E R 5 T H 2 0 1 5 WEAT H E R 2 0 ° C

REWARDING EXCELLENCE

Human Rights, Pro Bono andOutstanding Young Lawyerawards announcedPAGE 13

CONVERSATIONS WITH…

Fatou Bensouda, José MaríaAznar and Anders FoghRasmussen discuss theirperspectives PAGE 4

THE EVOLUTION OF LAW

IBA President David W Rivkinon the challenges facing theassociationPAGE 6

#ibaviennaJ O I N U S O N T W I T T E R

S P O N S O R E D B Y

José Manuel Durão Barroso has labelledthe Middle Eastern refugee situation ahumanitarian crisis above all else, argu-

ing that a refusal to act would see Europefailing its basic moral obligation.

Former European Commission PresidentDurão Barroso kicked off this year’s IBAAnnual Conference by reflecting on the vari-ous crises that have hit Europe in the elevenyears since he was first elected President.

When later asked by CNN journalistTodd Benjamin how exactly the refugeeproblem should be addressed, he insistedthat as well as the obvious humanitariandilemma, it is ultimately less expensive tohelp refugees now than later.

“Europe needs more migrants,” saidDurão Barroso, adding that a single EU-wide – or even global – regulation is needed.

“When implementing post-crisis financialregulations it was always about ensuring alevel playing field, so the same commonprinciples should apply,” he said.

Durão Barroso acknowledged the reluc-tance of some within the EU and elsewhere towelcome refugees, and stressed the impor-tance of assimilation, citing integration ap-prenticeship programmes in Austria andGermany as particularly effective. While massmigration has always been the norm for someEuropean countries – particularly those with acolonial past – others don’t share the tradition.

When asked by an audience memberwhat his message to the Middle East wouldbe regarding the crisis, he answered: “Domore to support your brothers.”

Durão Barroso also defended the EU’srecord, citing the “remarkable resilience of

the European system”. Despite being in thegrip of seemingly unending crises, the EUgrew from 15 members in 2004 to 28 justten years later. Drawing on this evidence,he maintained a positive outlook for the fu-ture of the union.

On the role of lawyers in the currentglobal landscape, Durão Barroso told the au-dience, “I personally believe you are going tobecome more important in the future.”

Durão Barroso’s speech followed aninitial address from IBA President David WRivkin. By noting the significance of the800th anniversary of the Magna Carta thisyear, Rivkin spoke of the IBA’s accomplish -ments over the past 12 months andcelebrated the triumphs of what he calledunsung heroes of the law.

Singling out one of the IBA’s smallestcommittees, the Indigenous People’sCommittee, Rivkin told delegates of its re-cent work in Colombia. The committeespent time this year travelling throughoutthe country to help form relationships be-tween indigenous people and representativesof the mining industry.

Rivkin also encouraged delegates to dowhat they can to help those fleeing war-tornstates. “The refugees need legal advice onmany issues, not just immigration andrefugee status,” he said. “I call on all of youto determine what you can do to help, totake action and then to encourage others tofollow your lead.”

He emphasised the importance of thebar remaining independent, describing thework he and the IBA has done in the pastyear to collectively defend against attackson client privilege, self-regulation, inde-pendence and privacy.

Europe’s moral obligation

Profile: José Manuel Durão BarrosoJosé Manuel Durão Barroso was the11th President of the EuropeanCommission, serving from 2004 to2014. Between 2002 and 2004 he wasthe Prime Minister of Portugal, havingbegun his political career in his lateteens during the Estado Novo regime inPortugal.In 1980 Durão Barroso joined the

Social Democratic Party (PSD), and wasfirst elected to Portuguese parliament in1985. Then followed six re-elections,during which time he also served as vicepresident of the European People’s Party.Durão Barroso acted as a key mediatorof peace accords for Angola in Bicesse,Portugal, during this time, and launched

the talks with Indonesian ministers thatultimately led to the independence ofEast Timor.PSD won the general election under his

leadership in 2002. Durão Barrosoremained Prime Minister of Portugal untilJuly 2004, when the European Parliamentelected him to the post of President of theEuropean Commission. He received aunanimous vote for re-election inSeptember 2009.Durão Barroso’s presidency coincided

with a period of great change for Europe.The near-dissolution of the eurozone, thefinancial crisis and the outbreak ofconflict in Ukraine are just a selection ofhis defining moments.

News V I E NNA2 IBA Daily News

QUESTIONWhat sessions areyou most lookingforward to?

Akil HiraniMajmudar & Partners India

I’m looking forward tothe session on Wednes-day ‘Europe invests in

the world, the world invests in Europe:forum and networking’. There will bediscussion on investment into and out ofthe Arab world.

Rodolpho de OliveiraFranco ProtasioMundie Advogados Brazil

I’m looking forward toM&A discussions. But I

am also interested in the sessions run bythe Closely Held and Growing BusinessEnterprises Committee and the Interna-tional Construction Projects Committee.

Yuichi UrataOh-Ebashi LPC &PartnersJapan

I am interested in all theM&A sessions. I’m mostly

here to network but am interested incross-border investment into Asia as Imainly focus on advising foreign clientsinvesting into the Japanese market.

Rachel Mainwaring-TaylorHunters incorporatingMay May & MerrimansUK

‘Removing the glass ceil-ing from above: diversity

as a leadership challenge’ is one of thesessions I am most interested in. It’sabout the challenges female lawyersface breaking into senior roles in law.

Joe-Kywari GadzamaJ-K GadzamaNigeria

I am looking forward tothe sessions on interna-tional arbitration. As an

African of course I would also nevermiss any of the sessions discussingAfrican trends.

Fraser Mendel FM Legal GroupUS

I’m looking forward toeverything related totechnology law; tech is

the focus of my practice. I am especiallyexcited about the ‘Around the tables –breakfast and a taste of hot topics in theIntellectual Property, Communicationsand Technology Section’.

Roberta DanelonLeonhardt Machado MeyerBrazil

There is a panel from theenvironment, health and

safety committee – ‘The diverse impactsof drought’ that should be very interest-ing. There is a huge problem of droughtdeveloping globally.

Virginia Kalio Customary Court ofAppeal Nigeria

I am a Customary CourtJudge and a magistrate

in Nigeria and I am mainly into civil liti-gation. I am looking for anything to dowith this area of law as that is the focusof my job, and also anything to do withenforcement of judgments.

EDITORIALEditor: Tom YoungReporters: John Crabb, Lizzie Meager, Ben Naylor,James Wilson

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Chairman: Andrew RashbassDirectors: Sir Patrick Sergeant,The Viscount Rothermere, Christopher Fordham(managing director), Neil Osborn, John Botts,Colin Jones, Diane Alfano, Jane Wilkinson,Martin Morgan, David Pritchard,Bashar AL-Rehany, Andrew Ballingal,Tristan Hillgarth.

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www.iflr.com NewsMonday, 5th October 2015 3

The conferenceEach year the IBA holds its AnnualConference in a different majorworld city. This year, here in Vi-enna, there are thousands of dele-gates from across the globe,making it the largest gathering ofinternational legal professionals inthe world.

Getting the best out of theconferenceThe sheer scale of the conferencecan be daunting to delegates at-tending for the first time. Navigatingyour way through the hardcopy ofthe final programme of the confer-ence, highlighting the sessions youwant to attend, and using the 2015Mobile Conference App (m.ibanet.org)will help you get the most out ofyour time in Vienna. For full de-tails please see page 9 of the FinalProgramme, a copy of which willbe in your delegate bag, or can befound online here:www.ibanet.org/ Conferences/Vienna2015.aspx

Staff at the IBA stand in theexhibition area will be able to help

you with your enquiries. OnSunday 4 October here will be aconference newcomer orientationwork shop, entitled: ‘How to makethe most of this IBA AnnualConference and really enjoy it.’

The session will be held bet -ween 2:30 pm – 4:30 pm in HallF2, Level 0 and is highly rec -ommended for meeting other dele -gates who have not previouslyattended an IBA AnnualConference. Tip: Remember yourbusiness cards!

SessionsThroughout the week there will bemore than 200 informative andsubstantive working sessions pro-viding the latest developments inareas including: antitrust, bankinglaw, criminal law, environmentallaw, mergers and acquisitions,sports law and much more. Along-side these are sessions focussing onday-to-day issues faced by lawyers,including professional ethics.

There are also showcase andgeneral interest sessions that

highlight some of the most impor-tant issues currently affecting theglobal legal profession. Debateswith leading international expertsin their fields provide delegateswith unique opportunities tobroaden their knowledge andinterests beyond day-to-day prac-tice.

Business meetingsNumerous business meetings areheld over breakfast, lunch anddinner, and there are many recep-tions to attend, providing anincredible opportunity to developcontacts and conduct businesswith peers. You can use the dele-gate search on the 2015 MobileConference App at m.ibanet.org tospeed up the process and max-imise opportunities.

The IBA Annual Conferenceprovides an exceptional opportu-nity to develop your life as alawyer. So, with business cards atthe ready, take advantage of theopportunities offered and enjoythe experience!

The history of the IBA Inspired by the founding of theUnited Nations, the IBA was estab-lished in New York in 1947 basedon a similar model, with 34 bar as-sociations as members and the aimof supporting the establishment oflaw and the administration of jus-tice worldwide. It has since growninto the leading international or-ganisation for lawyers, bar associa-tions, law societies and law firms.The membership spans all conti-nents and represents more than160 countries. It includes individ-ual lawyers from 170 jurisdictions,close to 200 bar associations andlaw societies (collectively represent-ing many millions of lawyers) andentire law firms, known as IBAgroup firm members. Together,these different strands of member-ship make the IBA a truly global or-ganisation.

The IBA’s structure andobjectives The IBA’s membership is dividedinto more than 70 committees,

each of which represents a prac-tice area or an area of special in-terest, such as the Law FirmManagement Committee, Arbi-tration Committee, Tax Commit-tee, or War Crimes Committee.This structure reflects the inter-ests of IBA members and enablesthe building of knowledge andcontacts in fields of interest. Inaddition, there are six regionalfora to represent the interests ofmembers practising in, or withlinks to a particular region, forexample, the European RegionalForum.

Building cross-border connec-tions, promoting the harmonisa-tion of law across borders,developing legal expertise, defend-ing the independence of the legalprofession, information sharingand promoting legal education areat the core of the IBA. We alsoprovide IBA members with top-level professional developmentand networking opportunities, ofwhich there are many at theAnnual Conference.

A welcome from the IBAIf you are unfamiliar with how to get the best out of this week in Vienna, here’s a message from the forum’s organisers

News V I E NNA4 IBA Daily News

This year’s one hour lunchsessions will see executivedirector of the IBA Mark

Ellis speak with the prosecutor ofthe International Criminal Court(ICC) Fatou Bensouda, and formeranchor, correspondent and finan-cial editor for CNN, Todd Ben-jamin speak with former PrimeMinister of Spain José María Aznarand former prime minister of Den-mark and NATO general secretaryAnders Fogh Rasmussen.

This year has by no means beena quiet one – both in terms of thefraught relations between Russiaand Western Europe, China andits neighbours, and also of the nu-merous challenges to the credibil-ity of and shared values ininstitutions such as the ICC, UN,NATO and EU.

The three speakers this year willshare insights from the coalface ofsome of these events in a formatthat welcomes audience comments

and questions. “What makes these‘IBA conversations with…’ so inter-esting is not only the perspectivethe guest brings but the perspectivethe audience brings with their ques-tions,” according to Benjamin.

“And their questions are certainlyencouraged and welcomed. It’s rarethat an opportunity like this comesalong.”

Here’s a rundown of the week’sspeakers.

Today: Fatou BensoudaBensouda is a decorated lawyer andformer senior civil servant in Gam-bia who became the ICC’s seniorprosecutor in June 2012.

The session with Bensoudacomes at a time when the ICC hasbeen increasingly criticised by theAfrican Union for unfairly targetingAfrican cases. The ICC has nine fullinvestigations underway and all areAfrican. Among the highest profileof these are the investigations intoKenyan president Uhuru Kenyattafor alleged involvement in crimesagainst humanity during the 2007-08 post-election violence; and Su-danese president Omar al-Bashirfor genocide in Darfur.

Both cases have been hampered,the former with allegations of cor-ruption, non-cooperation and sus-pect witness testimonies and thelatter when South Africa, an ICCmember, decided not to detain al-Bashir while visiting the country, amove that Bensouda has con-demned.

The ICC has also opened pre-liminary examinations into the ac-tions of Israel and Hamas duringthe 2014 Gaza conflict and in theongoing occupation of Gaza. (Formore information see page 12 oftoday’s Daily News).

Tuesday: José María Aznar Aznar was Prime Minister of Spainfor two terms from 1996 to 2004and is also currently on the board

of directors of News Corporation.His terms in office oversaw the in-troduction of the euro in 1999 andthe 2003 invasion of Iraq, whichAznar supported. He is an activeanalyst of world issues and has re-cently returned from visits toColombia and Peru.

A lunchtime debate SESSION

“A conversation with…”

TIME/VENUE

1:15pm to 2:15pm, Todaywith Fatou Bensouda,Hall E1, Tuesday withJosé María Aznar, HallE1, Wednesday withAnders Fogh Rasmussen,Hall E1

Key takeawaysThe sessions will host ICC•

prosecutor Fatou Bensouda; for-mer prime minister of SpainJosé María Aznar; and formerGeneral Secretary of NATO An-ders Fogh RasmussenThe conversations begin•

promptly at 1:15, last one fullhour and welcome questions andcomments from the audienceKey issues at hand will in-•

clude Russia’s annexation ofCrimea, ISIS, insecurity in theMiddle East and the future ofthe European Union

By recent standards 2015 has thrown up its fair share of legalconfrontations. Fatou Bensouda, José María Aznar andAnders Fogh Rasmussen discuss their perspectives

CNN’s Todd Benjamin

www.iflr.com NewsMonday, 5th October 2015 5

The session with Aznar will bemoderated by Todd Benjamin, whowill explore the divisive stance Az-nar has taken on several issues.Among them are the fact that hesupported the 2003 invasion of Iraqdespite strong opposition in Spainand that he opposes Palestinianstatehood. The discussion will ex-plore the future of the EuropeanUnion, the fight against IslamicState and ideological extremism andthe current refugee crisis.

Wednesday: Anders FoghRasmussenRasmussen is a Danish politicianwho was the 12th Secretary Gen-eral of NATO from 2009 to 2014and served as Prime Minister ofDenmark from 2001 to 2009.

Rasmussen advocates a strongrole for NATO and countries alliedagainst Islamic State, arguing that“with such groups, there can be nodialogue. They must be disruptedand defeated”. Another core issuefor Rasmussen is Russia and its il-legal annexation of the Crimea.“Russia’s behaviour is my deepestdisappointment of the past fiveyears,” he told the press in Septem-ber 2014, adding that “Russia’s ag-gression against Ukraine haschallenged our vision of a Europewhole, free and at peace”.

Benjamin will moderate andpress Rasmussen on the topic of theEuropean Union, ISIS, Russia andNATO.

Securitisation and infrastruc-ture investment have been pri-oritised by the European

Commission’s (EC) highly antici-pated Capital Markets Union(CMU) action plan which was re-vealed last week.

London lawyers responded withcautious optimism, praising the EC’sminimalist approach to reforms, butwarning that market participantsmay have to adapt their businessmodels to take advantage of the newcapital framework. The debate issure to continue inside – and outside– panel discussions at the IBA’s an-nual conference this week.

The 30-page document consistsof 20 measures to create a singleEU market for capital, removingnational boundaries and reducingcorporates’ – particularly small andmedium-sized enterprises’ (SME) –costs for accessing funding.

It follows the CMU green paper,launched in February, whichflagged five early stage priorities:prospectus regime review; regula-tory relief for simple, transparentand standardised (STS) securitisa-tion; private placement; long-term

investment in infrastructure; andSME credit information.

Based on last week’s actionplan, which incorporates the 700-plus responses to the public consul-tation that closed in May, thosepriorities have slightly changed.

Legislative proposals have beenput forward in two areas.

There is a regulation setting outthe criteria for STS securitisation, anda proposal to amend the Capital Re-quirements Regulation (CRR) to pro-vide capital relief to banks issuing andinvestment firms holding STS notes.

The EC also published an adjust-ment to the Solvency II delegated reg-ulation, to make it easier for insurersto invest in infrastructure and Euro-pean Long Term Investment Funds(Eltifs). This follows a finding by theEuropean Investment Bank that thecontinent needs up to €2 trillion ininfrastructure investment by 2020.

Second level priorities – forwhich public consultations havebeen launched – are a pan-Euro-pean covered bonds framework,improved access to venture capital,and the cumulative impact of post-crisis reforms.

This last consultation seeks toidentify regulatory burdens thathave affected long-term investmentand growth. Some view the EC’swillingness to scrutinise its own re-forms as a milestone in EU finan-cial regulation.

“Last week’s action plan is amarked contrast from the previousCommission’s focus on financialstability,” said Mayer Brown part-ner Alexandria Carr, noting thecost-benefits analysis consultationand Solvency II changes.

“Also, in a departure from theprevious Commission’s approach,the new Commission is not propos-ing a vast swathe of new financialservices legislation to achieveCMU: it supports market-led ini-tiatives and even recognises that fi-nancial legislation can stifleinnovation,” she added.

Edward Chan, partner at Lin-klaters in London, said it’s toosoon to say whether the plans areoverly ambitious or even if theyare achievable. “But with the needto unpick a broad range of exist-ing laws, both at an EU and na-tional level, specific issues maybecome politically very difficult,”he said.

STS securitisationThe changes designed to encourageSTS securitisations come off theback of the EC’s consultation onthe issue, launched alongside theCMU green paper earlier this year.

The draft regulations proposedlast week envisage three approachesfor calculating capital requirements,and follow recommendations setout in the revised Basel frameworkfor securitisations which were pub-lished by the Basel Committee inDecember. The changes also adopta more risk-sensitive prudentialtreatment for STS securitisations,similar to that proposed by the Eu-ropean Banking Authority in its re-port on qualifying securitisations.

Confirmation of the Commis-sion’s desire to increase qualifyingsecuritisation by reducing regulatorycapital changes has been welcomed.But lawyers expect issuers, investorsand even regulators to face difficul-ties when determining whether spe-cific deals satisfy the STS criteria.

Originators and sponsors will bejointly responsible for that determi-nation, and will be liable for incor-rect or misleading STS notifications.

Peter Green, partner with Mor-rison & Foerster in London, saidthe big unknown at the heart of theCMU plan is how successful at-tempts to reinvigorate the securiti-sation market will be.

“Europe has taken tentativesteps towards reviving the market.But there’s no denying that we arefar from witnessing the same vol-ume of asset backed securities asthere was before 2008,” he said,adding that if the action plan opensthe door further, it is likely to be abig step in the right direction.

Action plan shiftsCMU priorities

News V I E NNA6 IBA Daily News

David W Rivkin, a partnerat Debevoise & Plimptonin New York, succeeded

Michael J Reynolds as President ofthe IBA in January 2015. Consid-ered one of the world’s top interna-tional dispute resolution lawyers,Rivkin is also co-chair of De-bevoise & Plimpton’s InternationalDispute Resolution Group.

Here he speaks exclusively toIBA Daily News about what hehopes to achieve during his two-year tenure, the main priorities ofthe IBA and the challenges facingit, and what delegates can expectto take home from this year’s con-ference.

What have been the IBA’smain priorities and greatestaccomplishments over the pastyear, and what do you hopeto achieve in 2016?Many of the IBA’s best accomplish-ments this year have come from thestrong work of our many commit-tees, whose projects we have beenwatching closely.

I started the year with a numberof presidential initiatives and proj-ects. The IBA has been workingparticularly actively this year onthe relationship between humanrights and business, using the UN’sGuiding Principles as a model. Aworking group within the IBA hasdrafted two excellent documentsproviding practical guidance forbusiness lawyers and for bar asso-ciations.

A key personal priority for mehas been the launch of the IBA’sJudicial Integrity Initiative. Earlierthis year, we held meetings of ex-perts from the UN, OECD, BaselInstitute of Governance and otherglobal anti-corruption committees,as well as senior judges from eightcountries (incorporating every

continent and including threeChief Justices); everyone in atten-dance agreed the IBA could play aspecial role in combatting judicialcorruption.

Working with the Basel Insti-tute, we have now compiled anddistributed among our members asurvey on how judicial corruptionmaterialises. We will use the resultsof that survey to create a numberof projects in 2016 that will focuson the IBA’s strengths to enhanceglobal best practices to fight judi-cial corruption.

We have also continued ourfocus on the justice and humanrights implications of climatechange. Our committees are ac-tively working on implementing

the recommendations in ourground-breaking task force report.We have been working with theMary Robinson Foundation andgovernment officials to encouragethe inclusion of language respect-ing human rights in the climatechange treaty that governmentswill sign in December.

The IBA’s human traffickingtask force has been very busypreparing a report on the laws andcorruption impacting human traf-ficking. They have been workingwith law societies in England andSingapore to create training pro-grammes for anyone involved inlaw enforcement, which can beused as a model in other countries.

With the recent developments inCuba in mind, we have been work-ing with the Cuban association oflaw firms to train them on the ba-sics of international business trans-actions. The IBA has excellentdistant learning programmes thatwe are adapting for this training,which is essential for the economicdevelopment of the country.

Finally, I have also set up an ad-ditional task force focussed on theindependence of national bars. It’sessential that lawyers remain inde-pendent of their government, orelse they cannot protect individualrights.

The IBA launched its new app,eyeWitness to Atrocities thisyear. How does it work, andwhat has been the response?We are very pleased with the app,which is an amazing step forwardin the fight against atrocities. Itcan record video, photographs or

audio, and most importantly, itembeds the metadata of the fileconfirming the time, date, locationand authenticity of the material.As a result, the recording itself canbe used to prosecute perpetratorsof war crimes, which has previ-ously been difficult as understand-ably, very few individuals feelcomfortable personally testifyingin such a trial.

The app can also be used by themedia, as they can verify the au-thenticity of any material they re-ceive from the app. It has beendownloaded more than we couldhave hoped, and civil society or-ganisations are ensuring their rep-resentatives in crisis zones areusing it. I personally cannot thinkof a better use of our funds thantaking such a strong stand in thebattle against atrocities. [See to-morrow’s issue for more informa-tion on the eyewitness app.]

What challenges will the IBAface over the next decade?A big focus of the IBA at the mo-ment is on developing a better dig-ital platform, which will help us tocontinue engaging with youngerlawyers in a meaningful way.

Another challenge for the IBA issimply maintaining our globalvoice as the number of interna-tional legal issues multiplies. Thecrises unfolding this year have seenhuge breaches of human rights. In-ternational law has never been soimportant, in the public sector orin private commercial law. The IBAmust be able to respond to issuespromptly and effectively as soon asthey arise.

What do you feel is the mostpressing global legal issuetoday?Respect for the rule of law is un-fortunately diminishing world-wide. Corruption eats away at theintegrity of government. Govern-ments must resist encroaching onthe independence of the bar and re-spect client confidentiality in thename of security so that we canmaintain our role in protecting in-dividual rights. Further, as wemake progress in taking actionagainst climate change, respectinghuman rights and providing justicefor those harmed by climatechange is paramount.

From my own perspective as aninternational arbitration lawyer,there has been much debate on theproper dispute resolution mecha-nisms to be incorporated into globalinvestment treaties like the Transat-lantic Trade and Investment Part-nership (TTIP) and Trans-PacificPartnership (TPP). If we do notcome up with an appropriate an-swer, the treaties may be ineffectiveand international investment andtrade may be harmed. While Irecognise that the current systemneeds some reforms, it does notneed to be thrown out altogetherand started anew, as many politi-cians and interest groups are urging.

How can bar associationskeep up with globalisation,and what is the IBA doing tosupport them?The IBA supports bar associationsin many ways, but one aspect of theIBA that I’m encouraging is for thebars to benefit from our committees’

work. IBA committees know theirpractice areas so well and can pro-vide invaluable guidance. I alsothink that our current initiative onbusiness and human rights – par-ticularly the document we havedrafted to provide guidance to barson the UN Guiding Principles –will be of great benefit to bar asso-ciations and law societies aroundthe world.

What parts of this year’sconference are you mostlooking forward to?Every one of the showcase sessionswill be fascinating, and I hope forthe opportunity to attend as manyof them as possible. In particular,the session that I am leading on ourJudicial Integrity Initiative will bean interesting development of theroundtables we had with expertsearlier this year.

The LPD Showcase on businessand human rights, with former UNSecretary General Kofi Annan andformer UN Special Representativeon Business and Human RightsJohn Ruggie, who drafted the UN’sGuiding Principles, will be out-standing. We are honoured thatthey will be attending our confer-ence, and with various chief exec-utives and general counseldiscussing the topic, it’s set to be agreat session.

As always, I am also lookingforward to the Rule of Law Day onFriday. This year a particular high-light will be sessions on the suc-cesses and failures of the rule oflaw and the state of the rule of lawin the Middle East today, severalyears after the Arab Spring.

The evolution of law

“Respect for the rule oflaw is unfortunatelydiminishing worldwide”

“A key personalpriority for me hasbeen the launch ofthe IBA’s JudicialIntegrity Initiative”

www.iflr.com NewsMonday, 5th October 2015 7

A who’s who of your association’s leading figures

The IBA

Mark EllisExecutive director

Mark Ellis has been the executivedirector of the foremost interna-tional organisation of bar associa-tions, law firms and individuallawyers in the world for 15 years.

Before joining the IBA, Ellisspent 10 years as the first execu-tive director of the Central Euro-pean and Eurasian Law Initiativeproviding technical legal assistanceto 28 countries in Central Europeand the former Soviet Union, andto the International Criminal Tri-bunal for the Former Yugoslaviain The Hague.

Ellis has served as legal advisorto the Independent InternationalCommission on Kosovo, chairedby Justice Richard Goldstone andwas appointed by the Organiza-tion for Security and Co-operationin Europe to advise on the creationof Serbia’s War Crimes Tribunal.He earned degrees in economicsand law from Florida State Univer-sity and a PhD in InternationalLaw from Kings College, London.

Horácio Bernardes NetoSecretary general

Horácio Bernardes Neto is the sec-retary general of the IBA and aformer chair and vice-chair of theIBA Bar Issues Commission.

A partner at Motta FernandesRocha Advogados, his areas of ex-pertise include antitrust law, arbi-tration, contracts, corporate law,M&A and private equity.

As well as his work with theIBA he is also a council member ofthe São Paulo Bar Association, theGerman Bar Association and for-mer president (2003-2006) andexecutive officer at the Centre ofStudies of the Brazilian Law Firms,among many other roles.Bernardes Neto speaks Por-tuguese, English, German, French,Spanish and Italian.

Hans Corell Co-chair, the Human RightsInstitute

Hans Corell served as under-sec-retary-general for legal affairs andthe legal counsel of the UnitedNations from March 1994 toMarch 2004. In this capacity, hewas head of the office of legal af-fairs in the UN Secretariat. Beforejoining the UN, he was ambassa-dor and under-secretary for legaland consular affairs in the

Swedish Ministry of Foreign Af-fairs from 1984 to 1994.

Since his retirement from publicservice in 2004, Corell has engagedin many different activities in thelegal field, as legal adviser, lecturerand member of different boards. Heis involved in the work of the IBA,as co-chair of its Human Rights In-stitute (IBAHRI), and among othersthe International Center for Ethics,Justice and Public Life at BrandeisUniversity and the Hague Institutefor the Internalisation of Law.

Almudena Arpón deMendívilChair, the Legal PracticeDivision

Almudena Arpón de Mendívil ischair of the IBA’s Legal Practice Di-vision and its former vice-chair. Shehas also held the positon of IBATreasurer. Arpón deMendívil beganher career in 1987 at the Gómez-Acebo & Pombo office in Brussels,where she practised until 1989 be-fore being transferred to Madrid.

She has been a partner of thefirm since 1994 and was a memberof the management committeefrom 1997 to 2001. She is head ofthe firm’s corporate technology,media and telecommunicationspractice area.

Arpón de Mendívil has a lawdegree from ICADE, a Master’s de-

gree in community law from theCollege of Europe in Bruges (schol-arship from the Ministry of For-eign Affairs, 1986) and a PIL fromHarvard Law School.

She is an advisory board mem-ber of The Academy for Americanand International Law.

Stephen MacliverChair, Section on Public andProfessional Interest

Stephen Macliver is the chair of theIBA Section on Public and Profes-sional Interest and the Secretary/Treasurer of the International BarAssociation’s Human Rights Insti-tute. He is a Former Secretary-Treasurer (SPPI) and IBA AssistantTreasurer. Macliver is Sparke Hel-more’s national executive officerand a member of the executivecommittee. He has had a career inlaw firm management for morethan 20 years.

He initially practised law and,since 1987, has consulted to law

firms or held in-house senior man-agement positions.

Before joining Sparkes, he wasthe chief executive at leading NewZealand law firm Bell Gully andprior to that appointment held therole of executive managing partnerof Minter Ellison.

Baroness Helena KennedyCo-chair, the Human RightsInstitute

Baroness Helena Kennedy QC isco-chair of the IBA’s HumanRights Institute, (IBAHRI) councilmember of the Public and Profes-sional Interest Division (PPID) andsits on the IBA Council and Man-agement Board. Baroness Kennedyis one of Britain’s most distin-guished lawyers and an expert inhuman rights law, civil libertiesand constitutional issues. She hasspent her professional life givingvoice to those who have leastpower within the system, champi-oning civil liberties and promotinghuman rights.

Baroness Kennedy has usedmany public platforms – includingthe House of Lords, to which she

was elevated in 1997 – to arguewith passion, wit and humanity forsocial justice. She has also writtenand broadcast on a wide range ofissues, from medical negligence toterrorism to the rights of womenand children. She is a member ofthe House of Lords and chair ofJustice, the British arm of the Inter-national Commission of Jurists.

Martin ŠolcVice-president

Martin Šolc is vice-president ofthe IBA. His tenure is for the cal-endar years of 2015 and 2016.Šolc has been a member of theIBA for more than 25 years, andbegan representing the Czech Baron the IBA Council in 1990. Heheld the presidency of the CzechBar Association in 1994 and wasa member of its managementboard from 1990 to 2002. Afterhis term in office concluded, Šolc

took on an active leadership rolein the IBA.

In addition to being a memberof the IBA management boardsince 2003, posts have included:IBA secretary general (2013 to2014); co-chair, Human Rights In-stitute (2009–2010); chair, Public& Professional Interest Division(PPID) (2007 to 2008); vice chair,PPID (2005 to 2006); chair of theInterim Bar Issues Commission(2004); member of the Council ofthe Section on Business Law (nowLegal Practice Division) (2001–

2002); co-chair Eastern EuropeanForum (1998–2000) and memberof the IBA Council since 1990.

Margery NicollChair, the Bar IssuesCommission

Margery Nicoll is the Chair of theBar Issues Commission. She is alsothe deputy secretary-general and di-rector of international of the LawCouncil of Australia. Following hercareer in private legal practice, shejoined the Law Council and wasappointed director of legal and pol-icy, before becoming director, inter-national in 2005. Her role at theLaw Council involves representa-tion and liaison with government,industry organisations, federalcourts, law reform bodies, interna-tional legal professional associa-tions, Parliamentary Committees,access to justice bodies, other pro-fessional groups and the public.

She has also overseen and con-tributed to the Law Council ofAustralia’s International Strategy.Nicoll is also Special Councillorfor Australia, LAWASIA, being ap-pointed to that position in 2008.

www.iflr.com NewsMonday, 5th October 2015 9

Vienna is a historic capitalcity rich in classical musictraditions, high art and

baroque architecture. But beneathall this lurks a more idiosyncraticcharacter. It has been home to mu-sicians Franz Schubert, JohannStrauss, Wolfgang Mozart, GustavMahler and Ludwig van Beethovenand it produced its own uniquemodernist art movement, Austriansecessionist, with artists includingGustav Klimt, Otto Wagner, EgonSchiele and Oskar Kokoschka, notto mention philosopher LudwigWittgenstein and psychoanalystSigmund Freud.

In the city centre there are regu-lar reminders that Vienna was res-ident city of the Habsburg dynasticfamily, which ruled Austria fromthe thirteenth century until 1918,the Holy Roman Empire from1478 to 1740 and produced rulersof Spain, Hungary, Germany, Rus-sia and Portugal. Today the Habs-burg influence shouts out from itslavish palaces, gardens, baroquebuildings and art collections in andaround the Hofburg area of centralVienna.

The city has more dubiouslybeen home to some of the more no-torious figures and events of recentEuropean history and over the pastcouple of years can add a series ofless dramatic claims. It is the sec-ond most popular destination forinternational conferences in Eu-rope, after Paris; it is the seat of nu-merous international organisationsincluding OPEC, the UN and theInternational Atomic Energy

Agency. In a surreal contrast, in2015 it hosted both the conclusivetalks over Iran’s nuclear pro-gramme and the Eurovision SongContest, thanks to the victory in2014 of a certain Conchita Wurst.

Art and music lovers and histo-rians can find a wealth of sites tovisit. The Ringstrasse Boulevard,built to aid city expansion and

designed to show off Habsburgglory, includes the Hofburg area.Here, visitors can find the HofburgImperial Palace, home to the Hab-sburgs until 1918, visit the expan-sive art collection held in theAlbertina and peek in at the Impe-rial Crypt, where 149 Habsburgslie silent. Nearby are the Art His-tory (Kunsthistorische) Museum,the vast and sprawling national artgallery, which has the largest col-lection of Bruegel pieces in theworld, the Natural History(Naturhistorisches) Museum,guarded inside by a full-scalediplodocus, and the Spanish RidingSchool (Spanische Hofreitschule),one of Vienna’s most popular siteswhere visitors can be transportedto a world of dressage training onfamous Lipizzaner horses.

Also in the Hofburg area areCity Hall (Rathaus) and the ViennaState Opera (Staatsoper), whichhas a busy schedule in October.

The most visited palace and ar-guably a must-see is Schönbrunn,where in 1772 the six-year oldMozart gave a concert. The vastpalace grounds also boast theworld’s oldest zoo, the Tiergarten,which was built in 1752 and in2007 saw the first ever naturalbirth of a captive Panda.

Another landmark is theBelvedere Palace, former home of

one of Europe’s most successfulmilitary commanders Prince Eu-gene of Savoy and current home tothe world’s biggest collection ofKlimt paintings. Last but not leastis one of the city’s most iconic sym-bols: St Stephen’s Cathedral, an im-pressive piece of gothic architecturewhose foundations are thought tobe above an Ancient Roman burialground.

Scattered treasuresTake a leaf out of Freud’s book toscratch beneath the surface, andanother city emerges. One of themost popular sites is the giant Fer-ris wheel Riesenrad, with the Vi-enna tourist board proclaiming:“One thing is certain – only whenyou have taken a ride on Riesenradare you really in Vienna!” TheReisenrad lifts visitors 200 feet inthe air for great city views, on aclear day. It was initially built in1897 alongside other panoramawheels in Chicago, London, Black-pool and Paris but it has since beenredesigned.

The Reisenrad is also of interestto film buffs or those curious aboutpost World War II Vienna underAllied rule, which was a hotbed ofespionage. The 1994 film TheThird Man, written by GrahamGreen, explores this period of Vi-ennese history and a key scene is

set in one of the wheel carriages.The Third Man also has its owndedicated museum which offersthemed tours of the city.

There are several museums andlandmarks to past and present Vi-ennese figures of note. Visitors canseek out the house where Mozartbriefly lived from 1784-87(Mozarthaus), now converted intoa modest exhibit, or the fourthfloor flat where Beethoven livedfrom 1804-14 while composing hisonly opera, Fidelio, his SeventhSymphony and Fourth Piano Con-certo. Today his apartment offers asmall, somewhat modern andsparse, museum (BeethovenPasqualatihaus). For pure auditorypleasures devotees can pick up aMozart requiem at St Charles’Church, by all accounts a specialexperience, or visit the more mod-ern museum to music, Haus derMusik, which opened in 2000.

Illustrious composers have alsobeen commemorated in Holly-wood-style stars of fame at Kärnt-ner Strasse, Stephansplatz and onthe square in front of the Opera,while in Mariahilfer Strasse visitorswill see similar stars for famousAustrian skiers. Freud has his ownmuseum in a former residence,aptly named the Sigmund FreudMuseum and offering Freud citytours. Visitors can also sip coffee at

his favourite coffee house CaféLandtmann, which was also fre-quented by Gustav Mahler, MaxReinhardt and Marlene Dietrich.

If historic art and architectureare not to your taste, Vienna offersample opportunity to bask in moremodern movements. Among thehighlights are the curious works byarchitect Friedensreich Hundert-wasser (1928 – 2000), which canbe seen at the Kunst Haus Wienand the nearby HundertwasserHaus. The Museums Quartier, lo-cated just off the Hofburg area,also houses the Leopold Museum,which showcases the Viennese se-cessionist movement and theMUMOK (Museum of Modernart), while opportunists might alsowant to take notes from the Mu-seum of Fake Art, which exploresforgeries and fakes.

Dudeln, Heurige, BeislIt would be remiss to visit Viennawithout sampling some of itsheartier delights. Among them isViennese yodelling, which is doneinside rather than on a hill side.The dudeln has been recognised byUNESCO as part of Austria’s in-tangible cultural heritage and tra-ditionally the best place to listen toit is in a wine tavern, otherwiseknown as a Heurige. Wine loverscould take a tour of the vineyardsor visit a Heurige, many of whichare located in the 21st District,north east of the city centre nearthe vineyards.

Other gustatory treats are theBeisl, traditional laid-back restau-rants typically decorated by pan-elled walls and wooden tables withchecked tablecloths. The Beisl serve

up Austrian dishes such as Tafel-spitz (braised beef), Vanillerost-braten (roasted meat), Schnitzel(fried meat) and Apfelstrudel(apple strudel) alongside local beeron tap.

The city also has an array ofMichelin starred restaurants, thebest known of which are the Steir-ereck, Silvio Nickol and RestaurantBauer, and a healthy obsessionwith chocolate embodied by exclu-sive chocolatier Xocolat. Gutenapetit!

The Best of ViennaCity of music, city of dreams: Vienna has plenty for lovers of history, art, music and architecture, writes James Wilson

“The most visitedpalace andarguably amust-see isSchönbrunn,where in 1772 thesix-year oldMozart gave aconcert”

“Visitors can seekout the housewhere Mozartbriefly lived”

News V I E NNA10 IBA Daily News

Changes in the balance ofpower in the trade of globalresources can become ei-

ther the source of immense wealthto a nation and security to its peo-ple, or of upheaval and economicdisaster. The way these markets arestructured and how the shifts arenegotiated will be at the core ofthis morning’s session run by theIBA’s Energy, Environment, Natu-ral Resources and InfrastructureLaw Section (SEERIL): ‘Supply ofEnergy and Resources: geopoliticalchallenges’.

According to one of the session’sco-chairs, Amsterdam-based Allen& Overy partner Arent van Wasse-naer, at the forefront of today’s con-cerns is how to best manage changes

that impact the demand for a re-source or threaten the stakeholdersthat have an entrenched or unbal-anced interest in that resource.

For Wassenaer the structure ofthe markets is also crucial and theexistence of monopolies can greatlyincrease the stakes. “About 80% of

the phosphate market is controlledby Morocco and if they close themarket for two weeks, prices glob-ally go up 40-50%. This is impor-tant because phosphate is anessential substance for food produc-tion all over the world. If it is man-aged well it is ok but if not there will

be problems.”Parallels are evident in the very

different oil market, where unex-pected low prices, exacerbated bypropped up production levels, arehaving a multitude of good and badeffects on other energy resources, en-ergy security, the power balance be-

tween producers and consumers orupstream and downstream players,and the balance sheets of oil produc-ing nations.

Equally, political tensions withRussia have raised questions aboutthe security of continued natural gassupply, while the opening of the USshale gas market and the discoveryof vast gas reserves in East Africacould indicate a seismic shift in gasmarkets and undermine power cen-tres. “Changes in prices and the endof monopolies can lead to threats tointernational safety,” says Wasse-naer, or in other words: rock theboat too fast and the boat may tip.

The same geopolitical questionscan be raised in relation to water, asa resource, and more broadly to cli-mate change, as a key driving forceof resource trends.

Common themesIn moderating the discussionWassenaer wants to ask whatcommon themes can be drawn

from experiences in very differentsectors, particularly diamonds, oiland gas and nuclear. The sessionwill also discuss the roles of the in-ternational community and legalcommunity. Helping him will beco-chair Jean-Andre Diaz, specialcounsel to the legal department ofTotal E&P in Paris.

Among the five speakers is Ed-ward Asscher, president of RoyalAsscher Diamonds and the WorldDiamond Council. Asscher will usehis time to speak about the KimberleyProcess (KP), which has tackled con-flict diamonds and helped bring tojustice Liberia’s Charles Taylor.

Francis Perrin, founder and pres-ident of Stratégies et PolitiquesEnergétiques (SPE), will lookthrough the lens of oil prices to ex-amine energy, economics andgeopolitics and issues such asOPEC, Iran, Iraq and unconven-tional oil. From across the Atlantic,

Akin Gump partner and formercommissioner of the Federal EnergyRegulation Commission (FERC)Suedeen Kelly will provide a US andCanadian perspective on gas, oiland shale gas. Peri Lynne Johnson,legal adviser to the InternationalAtomic Energy Agency (IAEA) andthe director of the IAEA Office ofLegal Affairs, and legal counsel ofthe International Energy AgencyPascal Laffont will take on nuclearand in particular the developmentsin Japan, Germany and Iran.

Diamonds and oil:The power of parallels

“About 80% of the phosphate market iscontrolled by Morocco and if they closethe market for two weeks, pricesglobally go up 40-50%”

SESSION

Supply of energy andresources: geopoliticalchallenges

COMMITTEE

Energy, Environment,Natural Resources andInfrastructure Law Section(SEERIL)

TIME/VENUE

Today, 9:30am –12:30pm, Hall L8

Key takeawaysThis session will root out com-•

mon geopolitical themes acrossseveral resource sectors globallyEdward Asscher, president of•

the World Diamond Council, willexplore the Kimberley Processand conflict diamondsSpeakers from the International•

Atomic Energy Agency and Inter-national Energy Agency will dis-cuss the Iran nuclear deal andGerman and Japanese with-drawal from nuclear Panellists will look behind the•

scenes of current oil prices andthe growing gas market

Arent van Wassenaer

News V I E NNA12 IBA Daily News

The first of this week’s ‘Aconversation with…’; a se-ries of lunchtime interviews

with leading figures across the fieldsof law will be Fatou Bensouda,chief prosecutor at the InternationalCriminal Court (ICC).

It promises to be a fascinatingsession. Bensouda is at the veryfront of international criminal jus-tice, having been elected by con-sensus by the Assembly of StatesParties to serve as the prosecutorof the ICC in 2012.

When Bensouda became thecourt’s chief prosecutor she hadplenty of work to do. The courtwas nine years old at the time,having been established with no-tions of ending impunity for“unimaginable atrocities that

deeply shock the conscience of hu-manity”.

But the arrest in Libya in June2012 of four members of thecourt’s defence team, who were vis-iting Muammar Gaddafi’s son, Saifal-Islam, marked a new low in thecourt’s history. And with only oneconviction in its history, an exclu-sively African caseload, and rela-tions with other African states alsoat breaking point, the court’s rep-utation left much to be desired.

In stepped Bensouda, the Gam-bian who became chief prosecutor– the second in the court’s historyand the first African woman.

She was nominated and sup-ported as the sole African candidatefor election to the post by theAfrican Union. But any suggestions

of tokenism have been batted away.“I am an African and I am veryproud of that, but I think it is notbecause I am an African that Iwas chosen for this position,” shesaid at the time. “I think my trackrecord speaks for myself … I havebeen endorsed by the AfricanUnion, but I am a prosecutor for121 states parties and this is whatI intend to be until the end of mymandate.”

She certainly has the trackrecord. Between 1987 and 2000,Bensouda was successively seniorstate counsel, principal state coun-sel, deputy, director of public pros-ecutions, solicitor general andlegal secretary of the Republic,and attorney general and ministerof justice, in which capacity sheserved as chief legal adviser to thepresident and cabinet of theGambian government.

She has served as delegate toUnited Nations conferences oncrime prevention, the Organizationof African Unity’s Ministerial Meet-ings on Human Rights, and as del-egate of The Gambia to the meetingsof the Preparatory Commission forthe ICC.

Court of last resortThe court has had plenty more suc-cess since Bensouda’s arrival, too.As a court of last resort, it exercisesits jurisdiction only where nationalcriminal justice systems are unableor unwilling to do so genuinely.

The court is investigating ninesituations and is conducting eightpreliminary examinations. ICCjudges have issued 28 arrest warrantsand nine summonses to appear.

Proceedings against a total of11 accused persons are currentlyat the trial stage. Seven suspects

are in the court’s custody while 13remain at large. At the time ofwriting 36 people have been indictedin the ICC, including Ugandan rebelleader Joseph Kony, Sudanese pres-ident Omar al-Bashir, Kenyan pres-ident Uhuri Kenyatta, Libyan leaderMuammar Gaddafi and Ivorianpresident Laurent Gbagbo.

Putting the questions to Ben-souda will be the moderator of thesession, IBA executive director DrMark Ellis. Ellis is perfectly placedto lead the discussion having servedas legal adviser to the IndependentInternational Commission on Koso-vo and appointed by OSCE to ad-vise on the creation of Serbia’s WarCrimes Tribunal.

He was actively involved withthe Iraqi High Tribunal and alsoacted as legal adviser to the defenceteam of Nuon Chea at the Cambo-dian War Crimes Tribunal. In 2013,Ellis was admitted to the List ofAssistants to Counsel of the Inter-national Criminal Court.

The ICC’sshining lightToday’s lunchtime interview with theInternational Criminal Court’s chiefprosecutor, Fatou Bensouda, promises to bea fascinating start to the series

PREVIEW

SESSION

A conversation with…Fatou Bensouda

TIME

Today, 1.15 pm – 2.15 pm

VENUE

Hall E1

www.iflr.com NewsMonday, 5th October 2015 13

Awarding excellenceThe winners of this year’s IBA Human Rights, Pro Bono and Outstanding Young Lawyer awards have beenannounced. They will be presented this week

A message fromLexisNexis

LexisNexis is extremely proudto partner with the IBA onthese very important andmeaningful awards. Wecongratulate the 2015honorees and we commendeach for their commitment anddedication.

We also have a higherpurpose at LexisNexis, thatencompasses both ourcommercial work and ouractions as a responsiblecorporate citizen; that purposeis to advance the rule of lawaround the world. Theseawards inspire lawyers topursue these same values andrecognize outstandingindividuals for theircommitment to society.

Ian McDougall,EVP and General Counsel,LexisNexis Legal &Professional

The 2015OutstandingYoung Lawyer ofthe Year AwardAdeserving recipient of this

year’s award, FedericaD’Alessandra has been

named the IBA’s OutstandingYoung Lawyer of the Year.

The IBA Young Lawyers’ Com-mittee, in recognition of WilliamReece Smith Jr, annually present anaward to a young lawyer who hasshown not only excellence in theirwork and achievements in their ca-reer to date, but also a commitmentto professional and ethical standards.

Federica D’Alessandra is a fel-low at the Carr Center for Human

Rights Policy, Harvard KennedySchool, as well as a UN Represen-tative, Public International Law &Policy Group, where she serves asan advisor to various governmentsand institutions on peace negotia-tions, war crimes prosecutions, andthe establishment of transitionaljustice mechanisms.

She is actively involved in theIBA, serving as the co-vice chair ofthe War Crimes Committee as well

as the Secretary of the HumanRights Law Working Group. Asher nominator states, “Federicahas led a much needed effort to col-lect a set of guidelines and bestpractices for the investigation anddocumentation of gross humanrights violations to be made avail-able to civil society and local ac-tors. She is a catalyst for change,and she is gifted with a broad-range vision.”

WHEN

The presentation will bemade at the YoungLawyers’ Committee’ssession, ‘Young lawyersintroductory session’today from 9:30 am -12:30 pm

VENUE

Rooms 1.85 & 1.86

The winner of this year’s IBAPro Bono Award is MarcusRoberto Fuchs. Fuchs is

the executive director of the Insti-tuto Pro Bono and was one of thefirst professionals to advocate forpro bono practice in Brazil. The In-stituto Pro Bono has been a pio-neer institution in the area and aleading force for culture change inBrazilian society, encouraging probono as a more common practice

within private law firms. His nom-inator praises his “outstandingrecord in the defence of pro bonolegal services”.

Each year, the IBA Pro BonoAward, established in 2010 by thePro Bono Committee, honours alawyer who has shown an out-standing commitment to pro bonowork as part of their legal career.

The award includes free regis-tration for the IBA Annual Confer-ence, a contribution towards travelcosts for the same, and a year’s freemembership of the IBA. Previousyears’ winners have includedNicholas Paul (2014), Susan Fine-gan (2013) and Tong Lihua(2012).

The winner of this year’sHuman Rights Award isIntigam Aliyev, a widely re-

spected human rights defender andlawyer in Azerbaijan. Currentlyimprisoned on what Amnesty In-ternational believes to be trumpedup charges and persecuted for hishuman rights activities IntigamAliyev is a prisoner of conscience,detained solely for his work as ahuman rights defender.

Others agree. Stephen Macliver,secretary-treasurer of the IBA’sHuman Rights Institute and amember of the selection committeepanel this year said: “In IntigamAliyev we have a person who hasdedicated more than two decadesof his life to the promotion, de-fence and development of humanrights. And doing so in the face ofsignificant adversity and at greatpersonal cost.”

Aliyev has led the Legal Educa-tion Society (LES) since it was es-tablished in 1998 and also coordi-nated local lawyers and regional

NGOs to better promote humanrights. He has done so in often in-credibly hostile and antagonisticpolitical environments though. OnApril 22 2015, he was sentencedto seven and a half years’ impris-onment, having been found guiltyof large-scale embezzlement andfraud, illegal business and tax eva-sion, claims that are widely be-lieved to be fabricated attempts tohalt his work.

Aliyev has personally advo-cated numerous petitions in var-ious non domestic courts. He hashad a particular focus on politi-cal prisoners, human rightsabuses and challenging the judi-cial system.

His cases have involved freedomof expression and association,democratic rights, the prohibitionof torture, and due process rights.Aliyev has strived for the legalprotection of victims of humanrights violations for more than 15years and has to date representedthem in proceedings before the

court in more than 200 cases(around 40 cases are currentlyawaiting decision).

When he was detained he wasdefending more than 140 people.By detaining him, the Azerbaijaniauthorities have also deprivedtheir citizens the right to appealand seek justice before the court.

He will not be able to accepthis award this week due to his re-maining in prison though hisadult children are expected to col-lect it on his behalf.WHEN

The presentation will bemade at the Pro BonoCommittee’s sessionentitled, ‘Internationalpro bono: charity doesn’thave to begin at home’today, from 9:30 am –12:30 pm

VENUE

Room -2.31

WHEN

The presentation will takeplace at 12:15 pm onFriday October 9, duringthe morning session ofthe Rule of LawSymposium

VENUE

Hall F1

The 2015Human RightsAward

The 2015Pro BonoAward

“Aliyev is a prisonerof conscience,detained solely forhis work as ahuman rightsdefender”

News V I E NNA14 IBA Daily News

Is rape in marriage illegal? Doesthe law forgive the rapist if hemarries the victim? Are rape

laws implemented? NGO EqualityNow has harnessed the power ofcrowdsourcing to compile a globaldatabase of laws governing sexualviolence in order to drag the issueinto the light.

In December 2012 large parts ofthe world were shocked by a fatalattack in Delhi in which a 23 year-old woman named Jyoti SinghPandey was gang raped and fatallyassaulted on a bus by six men.Pandey died two weeks later in ahospital in Singapore and the casetriggered protests and worldwidepress coverage and condemnation.As India’s laws prohibited the nam-ing of rape victims, Pandey wasgiven the nickname Nirbhaya,meaning ‘fearless’.

The case shone a painful spot-light on the glaring inadequacy ofglobal efforts to combat sexual vio-lence against women, the struggle toeliminate rape and an entrenchedsocial response of laying blame atthe door of the victim to excuse theperpetrator. Comments by somepublic figures in the wake of theNirbhaya case further revealed what

is likely the tip of the iceberg in atti-tudes towards victims of rape,which are often then carried into in-adequate laws or their application.

Indeed, according to JacquiHunt, director of the Europe officeof the NGO Equality Now that hasspearheaded the global project tocrowdsource global rape laws, “oneissue that has been drawn intogreater focus during this work, is theway law frequently appears to re-flect the current thinking of societyrather than reflecting agreed humanrights standards. For example, manyrape laws are written in terms ofmorality rather than bodily integrityso focus more on defending publicmorals than the personal rights of

the survivor”. Hunt argues thatgiven “continuing widespread dis-crimination against women in allour societies, this makes it harder ei-ther through the law or in its imple-mentation for women survivors ofsexual violence to get justice”.

Recent and current casesaround the world abound and theproject is not a response specifi-cally to the case of Nirbhaya. Cur-rent cases include the ongoingplight of 11 year-old Mainumby inParaguay or the instance of rapebeing used as a punishment by eld-ers against two sisters in UttarPradesh; a practice which theSupreme Court has deemed illegal.

Equality Now’s project aims toanalyse how different countries de-fine their rape laws and to identifybest practice. “We have collected in-formation from around 80 jurisdic-tions, covering every area of theworld,” says Hunt, adding that “wewant to elevate the conversationabout rape. We want to reinforcethe message that rape is not in-

evitable and to ensure attention isfocused on this issue at the national,regional and international level”.

Issues at handHunt will present findings from thereport while session speakers Olu-funmi Oluyede, Ruwani Danta-narayana, Gillian Rivers and MegStrickler will discuss policy issues,harmful provisions in the law in var-ious states and avenues for promot-ing change.

All panellists have legal back-grounds and an intimate knowledgeof laws from their different states.Oluyede is co-founder and partnerof TRLPLAW in Lagos, Nigeria;Dantanarayana is a senior associatein John Wilson Partners inColombo, Sri Lanka; Rivers is apartner and head of the family lawteam of Penningtons Manches inLondon; and Strickler is co-founderand partner of Conaway & Stricklerin Atlanta, USA.

The panel will focus on problemsin the law itself and “highlight goodpractice procedures from around theworld so that countries can learnfrom each other”, says Hunt, inorder to convince governments to“take a step back, see that they are

failing their girl children in particu-lar and look to develop an inte-grated programme of law reformand civic education to change atti-tudes and provide girls with thelegal protections they need”.

Answering Nirbhaya’s call SESSION

IBA and Equality Nowrape laws crowdsourcingproject: final report

COMMITTEE

Crimes Against WomenSubcommittee, FamilyLaw Committee

TIME/VENUE

Today 2:30pm – 3:45pm,Hall L1

Key takeawaysThe report used crowdsourc-•

ing to collect information onsexual violence laws fromabout 80 jurisdictionsThe panel will analyse spe-•

cific issues in the laws of differ-ent states and discuss waysforward to change attitudesand improve legal protectionfor girls and womenThe session will stress that•

lawyers are well poised to playa key role in ensuring thatgood laws exist and that theyare properly implemented

“We want to elevate theconversation about rape. Wewant to reinforce the messagethat rape is not inevitable”

www.iflr.com NewsMonday, 5th October 2015 15

The challenge of incorporat-ing a comprehensive aware-ness of human rights into

everyday business practice may becomplex, but it is being increasinglyconfronted. The global standardthat guides states and businesses inthis process, as accepted around theworld by governments and institu-tions including the OECD andWorld Bank, are the provisions inthe UN Guiding Principles on Busi-ness and Human Rights (UNGPs).

Although the UNGPs are non-binding, the observation of fun-damental human rights, and bydefault the UNGPs, is becomingincreasingly hard to ignore forbusiness – and by extension forbusiness lawyers. A mixture of so-cial pressure, expected standardsfor raising finance from stock mar-kets and international lenders andcostly punitive actions are pushinghuman rights closer to the core ofbusiness transactions.

“Human rights in the corporateenvironment is a very importantfundamental principle over whichthere is now much more sensibilityin the public and in legislation,”says Felix Ehrat, general counsel ofNovartis.

In May 2015, the world footballgoverning body FIFA officiallyrecognised the provisions of theUNGPs and made it compulsory forboth contractual partners and thosewithin the supply chain to complywith them. The move is an instanceof what Stéphane Brabant, partnerat Herbert Smith Freehills and chairof today’s session, calls “soft lawsoftly becoming hard law”; humanrights standards evolving from non-binding soft law into contractu-alised legal obligations.

“These norms [UNGPs] are inthe process of morphing from softlaw into hard law and it is nowseen as something you have to dorather than something you can do,”adds Jeffrey Collins, senior counselfor International Policy at Chevron.

The current trend in non-finan-cial reporting has also broughtwith it increased focus on humanrights in business and again, by de-fault, on the UNGPs.

In this respect, the EuropeanUnion and national entities such

as the UK’s Financial ReportingCouncil have put particular pres-sure on foreign investors, publicly-listed companies, public interestcompanies and large enterprises.About 8,000 companies are sig-natories to the UN Global Com-pact, which also requires non-fi-nancial reporting.

Human rights is often incorpo-rated in best practice guidelines forsuch reports and in 2015 globalbrands including Unilever and Er-icsson issued the first ever companyreports explicitly based on theseprovisions.

Finally, there are the costly puni-tive consequences for businessesthat may have failed to either con-duct thorough human rights duediligence or enforce best practicestandards. Examples range fromlong running and high profile casessuch as the $9.5 billion damagessuit against Chevron for allegedcontamination of part of the Ama-zon in Ecuador to the case againstNestlé for allegedly aiding andabetting child-slavery in the IvoryCoast.

Live casesThe OECD’s National ContactPoints (a mediation and concilia-tion system) are currently hosting29 cases, over half of which relate

to alleged human rights abuseswith companies such as BGGroup, Eni and Van Oord on thereceiving end. Cases before Cana-dian courts have also highlightedthe fine line between public state-ments made by companies endors-ing corporate social responsibility

(CSR) and human rights standardsand their potentially being held li-able for neglecting a duty of careto uphold the UNGPs. On thisbasis Tahoe Resources was beingsued in Canada by Guatemalanplaintiffs allegedly fired on by anindirect Guatemalan subsidiaryand Eritrean plaintiffs were suingNevsun Resources for allegedlybeing forced to work under threatof torture by the Eritrean state.

The big pictureAccording to Brabant, businessesshould follow UNGPs in order tobe in a position to know how torespect human rights so that theycan declare they respect humanrights and have evidence to showit and prove it. “In my view, thebest manner to get the UNGPs im-plemented is to win over not onlyCEOs and business managers butmost importantly lawyers,” headds.

This is a key year for the de-bate, marking, as it does, 15 yearssince the UN Global Compact andMillennium Development Goalswere established. This week theIBA Council will also consider andvote on draft Bar Guidance inorder to guide bar associationsaround the world on how to helptheir members more fully put theUNGPs into practice. The IBAalso plans to submit for adoptionits Practical Guide for BusinessLawyers in May 2016.

In order to make the case forthe importance of the UNGPs for

business lawyers, in the first ses-sion Brabant and Jane Nelson, di-rector of the Corporate SocialResponsibility Initiative at HarvardKennedy School, will moderate adiscussion with Kofi Annan, chairof the Kofi Annan foundation, andJohn Ruggie, who between themformulated the UNGPs and the UNGlobal Compact.

According to Collins, this firstsession will be a high-level andbroad brush discussion, coveringthe relevance to lawyers of Annan’swork with the Africa ProgressPanel, the visions that Annan andRuggie have of the UNGPs andtheir perspectives on the rolelawyers can play in their imple-mentation.

At the coalfaceThe second session brings togethera large panel of speakers to discusswhat the UNGPs mean to in-houseand external business lawyers on apractical day-to-day basis.

“The most pressing issue forlawyers is demystification,” saysJohn Sherman, general counsel ofShift and a former adviser to Ruggie.“Lawyers who advise on businessare sometimes less comfortable ad-vising on human rights for a varietyof reasons, but the problem of de-mystification can be dispelled by tak-ing a look at how lawyers advisebusinesses to stay out of humanrights problems [and] finding whatthey mean for each area of practice.”

Sherman will argue that lawyersneed both the technical legal

expertise, to know how to file acourt pleading, cross-examine awitness or paper an M&A dealand the ability to play the role ofwise counsellor, says Sherman. “Itis on the request of companiesthemselves that this role is chang-ing,” adds Brabant.

Successful implementation meansdifferent things for different sectors.But according to Collins it broadlynecessitates companies having ahuman rights policy and takingsteps to implement this throughhuman rights due diligence andgrievance mechanisms.

Collins will moderate the secondsession alongside Rae Lindsay, Clif-ford Chance’s publications officerof the Corporate Social Responsi-bility Committee. “This means aholistic approach to human rightsin business, from the formation ofa contract to its execution and sub-sequent monitoring of contract per-formance” says Collins.

The session will hear from busi-ness speakers, including Ehrat, No-vartis general counsel; Geoff Healy,chief legal counsel of BHP Billitonand Emmanuel Lulin, senior vice-president and chief ethics officer ofL’Oréal. It will also include repre-sentatives from civil society groupsincluding Mark Hodge, executivedirector of Global Business Initia-tive on Human Rights, ChrisJochnick, CEO of Landesa, andSherman from Shift. ChristiannaWood, chairman of Global Report-ing Initiative, will examine develop-ments in non-financial reporting.

Embeddingthe rightmentalityKofi Annan, John Ruggie and civil societyrepresentatives will make a case for humanrights in the business legal community thisafternoon

SESSION:

LPD Showcase: UNGuiding Principles onBusiness and HumanRights

COMMITTEE:

Corporate SocialResponsibility Committee,Legal Practice Division

TIME/VENUE:

Today 4:15pm – 6:30pmHall F1

Key takeaways: The panel will discuss the•

role in-house and externalcounsel play in making surebusiness is in a position toobserve human rights andtackle negative impacts ofbusiness on human rightsSpeakers will show how the•

global standard for humanrights, the UN Guiding Principleson Human Rights, is increasinglymorphing into hard lawThe session will explore•

practical implementation ofhuman rights in business lawIt will feature the experiences•

of Novartis, BHP Billiton,l’Oréal, Chevron and othersKofi Annan and John Ruggie•

will explore the history, globalconcept and importance of theUN Guiding Principles

“These norms[UNGPs] are in theprocess ofmorphing fromsoft law into hardlaw”