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Norway: Supreme Court Rules Organization May Bring Claim Questioning Constitutionality of Parliamentary Decision

(Mar. 30, 2021) On March 1, 2021, the Norwegian Supreme Court, sitting in banc, declared that the organization “Nei til EU” (No to the EU) may bring a claim in court that a parliamentary vote decided by simple majority violated a Norwegian constitutional provision requiring certain matters be decided by a supermajority. (Norwegian Supreme Court, […]

Australia: New Legislation Establishes Code of Conduct for Negotiations between News Media and Digital Platforms over Payments for Content

(Feb. 26, 2021) On February 25, 2021, the Australian Parliament passed the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 (Cth). The bill, which has been the subject of considerable domestic and international discussion, establishes a “mandatory code of conduct that applies to news media businesses and digital platform corporations […]

International: New ICSID Caseload Statistics Reveal Trends in Arbitral Appointments and Case Distribution

(Feb. 22, 2021) On January 28, 2021, the International Centre for the Settlement of Investment Disputes (ICSID) published its caseload statistics for the first six months of 2020 (FY2020). Some had predicted that disruptions due to the COVID-19 pandemic would have a significant impact on the number and type of investment disputes brought to ICSID […]

Switzerland: Popular Initiative to Hold Businesses Accountable for Human Rights Abuses or Environmental Harm Abroad Fails

(Feb. 10, 2021) On November 29, 2020, the popular initiative “For Responsible Businesses – Protecting Human Rights and the Environment” (Responsible Business Initiative) failed to reach the necessary majority for approval in Switzerland. The initiative aimed to introduce stricter statutory requirements for Swiss businesses abroad to comply with human rights obligations and environmental standards. It […]

International: New App Developed to Combat Illegal Fishing in West Africa

(Dec. 1, 2020) Illegal fishing in West Africa has been a longstanding challenge in the region, threatening livelihoods, nutritional security, and export revenues, while also causing damage to marine environments and contributing to increased pollution. Now a new app, developed by the Environmental Justice Foundation (EJF) and launched on November 10, 2020, can be used […]

Turkey: Presidential Decree Extends COVID-19-Related Dividend Payment Limit by Three Months

(Oct. 7, 2020) A presidential decree published in Turkey’s Official Gazette on September 18, 2020, extended by three months the term of a rule that temporarily limits the amount of profits that companies can pay out to shareholders as dividends. The rule was included in the Turkish Commercial Code (TCC) on April 17, 2020, as […]

Switzerland: Gender Quotas for Boards of Large Companies to Take Effect January 1, 2021

(Sept. 29, 2020) In its session of September 11, 2020, the Swiss Federal Council, the country’s government, decided that a provision requiring large companies to introduce a gender quota of 30% for their boards of directors and of 20% for their executive boards will enter into force on January 1, 2021. This amendment to the […]

Australia: Law Commission Report Recommends Reforming Law on Corporate Criminal Responsibility

(Sept. 22, 2020) On August 31, 2020, a report by the Australian Law Reform Commission (ALRC) titled Corporate Criminal Responsibility (Report) was submitted for consideration in the Australian Parliament. The Report contains a series of 20 recommendations aimed at improving Australia’s law regarding corporate criminal responsibility, including with respect to the types of offenses in the law, corporate […]

European Union: Court of Justice Invalidates U.S.-EU Privacy Shield

(Aug. 4, 2020) On July 16, 2020, the Court of Justice of the European Union (CJEU) held that the Privacy Shield Adequacy Decision of the European Commission on personal data transfer from the European Union (EU) to the United States (U.S.) was invalid because the level of data protection in the U.S. was not essentially […]

Italy: Supreme Court of Cassation Addresses Required Evidence in Corporate Shareholder Claims

(May 12, 2020) On February 19, 2020, the Italian Supreme Court of Cassation (SCC) clarified the evidence a corporate shareholder must present to prove a claim for repayment from the corporation. (Decision No. 4261 of February 19, 2020 (Decision).) Background of the Case The SCC reviewed a case submitted by the Appellate Court of Lecce, […]