International Bar Association
Encyclopedia
The International Bar Association (IBA) is an international association of lawyer
s and lawyers' associations. The IBA's stated purpose is to promote an exchange of information between legal associations worldwide, support the independence of the judiciary
and the right of lawyers to practice their profession without interference, and support human rights
for lawyers worldwide through its Human Rights Institute. The organization acts through sections and committees to enable an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of commercial law
throughout the world. In doing so, the IBA seeks to "influence the development of international law reform" and "shape the future of the legal profession" globally.
reform and to shape the future of the legal profession throughout the world. It has a membership of more than 40,000 individual lawyers and 197 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community.
worldwide, representatives of 34 national bar associations gathered in New York on 17 February 1947 to create the IBA. IBA membership grew steadily and in 1970 was accelerated by the admission of individual lawyers to the Association and the formation of the Section on Business Law. In 1974 the Section on Legal Practice was formed and in 1982 a third section, the Section on Energy and Natural Resources Law, was created. The Standing Committee on Human Rights and the Just Rule of Law was formed in the 1980s. In 1992 an Action Plan was adopted to establish a Trial Observer Corps and investigate cases where judges and lawyers or the independence of bar associations was threatened. In 1995, the formation of the Human Rights Institute expanded this work and gave the opportunity for member organisations and individual members to contribute actively.
and professional interest activities of the legal profession throughout the world; to support and promote those activities, the Rule of Law
and the defence of human rights; to facilitate communication among Member Organisations and its members; to provide the opportunity to Member Organisations and all members to be active in the Division through its Bar Issues Commission ('BIC'), committees, fora and other groupings; and to undertake such related projects as may be approved from time to time by the Division’s Council.
, regulation
, and the core values of the legal profession.
passed in Prague
in September 2005, 'to speak out in support of the Rule of Law within their respective communities'.
world financial markets and take a firm stand against protectionism
by regulation; defend the rule of law as the fundamental principle and prerequisite of free trade
; communicate through statements, reports and conferences; and as appropriate, meet in the major jurisdictions of the world with politicians, regulators, market participants and other interested parties to consult and discuss its ideas and proposals.
.
s and prosecutors in human rights law and international humanitarian law
; pioneering training programmes to strengthen the judiciary in post-conflict countries or countries where basic state infrastructure may have been eroded; undertaking fact-finding missions and sending trial observers to countries where the rule of law has deteriorated; making representations to authorities worldwide where individuals or the independence of the judiciary has been threatened; galvanising international support to lobby for change through media and advocacy campaigns; and providing long-term technical assistance to under-resourced bar associations and law societies. The Institute works closely with international and regional human rights organisations and produces newsletters and other publications to highlight issues of concern to worldwide media
(ICC) monitors fair trial and defence related issues at the ICC and encourages the legal community to engage with the work of the Court. The IBA’s monitoring work includes thematic legal analysis of the ICC’s pre-trial and trial
proceedings, and ad hoc evaluations of legal, administrative and institutional issues which could potentially affect the rights of defendants, the impartiality of proceedings and the development of international justice. The Programme also acts as the interface between the Court and the global legal community. As such, special focus is placed on monitoring emerging issues at the Court of particular relevance to lawyers and collaborating with key partners on specific activities, such as the IBA/ICC List Counsel Campaign, to increase engagement of the legal community on ICC issues.
, counsellors, solicitors, barristers, advocates, members of the judiciary and professors of law are all eligible to apply for membership of the IBA.
and equitable access to the legal system and, particularly in more economically disadvantaged parts of the world, infrastructure improvements, competent legal services and legal services administration. Since 1986, the foundation has funded law-related projects throughout the world.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s and lawyers' associations. The IBA's stated purpose is to promote an exchange of information between legal associations worldwide, support the independence of the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
and the right of lawyers to practice their profession without interference, and support human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
for lawyers worldwide through its Human Rights Institute. The organization acts through sections and committees to enable an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
throughout the world. In doing so, the IBA seeks to "influence the development of international law reform" and "shape the future of the legal profession" globally.
About the IBA
The International Bar Association (IBA), established in 1947, is an organisation of international legal practitioners, bar associations and law societies. The IBA works to influence the development of international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
reform and to shape the future of the legal profession throughout the world. It has a membership of more than 40,000 individual lawyers and 197 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community.
Structure of the IBA
The IBA is grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – which together cover all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of business law around the globe.History of the IBA
With the aim of supporting the establishment of law and administration of justiceJustice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
worldwide, representatives of 34 national bar associations gathered in New York on 17 February 1947 to create the IBA. IBA membership grew steadily and in 1970 was accelerated by the admission of individual lawyers to the Association and the formation of the Section on Business Law. In 1974 the Section on Legal Practice was formed and in 1982 a third section, the Section on Energy and Natural Resources Law, was created. The Standing Committee on Human Rights and the Just Rule of Law was formed in the 1980s. In 1992 an Action Plan was adopted to establish a Trial Observer Corps and investigate cases where judges and lawyers or the independence of bar associations was threatened. In 1995, the formation of the Human Rights Institute expanded this work and gave the opportunity for member organisations and individual members to contribute actively.
Committees and Fora
Individual members of the IBA join committees depending on their practice areas and interests, and benefit from being able to communicate with colleagues across the world that practice in the same field. The committees publish regular news and articles for their members in hardcopy newsletters and/or e-bulletins. These groups also organise specialist conferences throughout the year, where members can meet to discuss the latest issues within their field.Legal Practice Division
The stated objectives of the Legal Practice Division are to promote an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of law throughout the world; to facilitate communication among its members; to provide the opportunity to all its members to be active in the division through its sections, committees, fora and other groupings; and to undertake such related projects as may be approved from time to time by the division’s council.Public and Professional Interest Division
The PPID constitutes a wide array of projects, activities, committees and other entities focusing on issues and professional interests that make the practice of law a profession and not only an occupation. The stated objectives of the Division are to promote an interchange of information and views among Member Organisations of the Association and its individual members about the publicPublic interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
and professional interest activities of the legal profession throughout the world; to support and promote those activities, the Rule of Law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and the defence of human rights; to facilitate communication among Member Organisations and its members; to provide the opportunity to Member Organisations and all members to be active in the Division through its Bar Issues Commission ('BIC'), committees, fora and other groupings; and to undertake such related projects as may be approved from time to time by the Division’s Council.
Bar Issues Commission
The Bar Issues Commission was established in 2004 to address the interest of the IBA’s Member Organisations. The BIC has five officers who are elected by the IBA Council and it is responsible for instigating discussion amongst bar associations and law societies worldwide. Through its Policy Committee, the BIC proposes resolutions and guidelines for approval by the IBA Council that are of relevance to member organisations. The Committee is made up of representatives from bar association societies around the world and looks at key issues facing the profession such as continuing professional developmentProfessional development
Professional development refers to skills and knowledge attained for both personal development and career advancement. Professional development encompasses all types of facilitated learning opportunities, ranging from college degrees to formal coursework, conferences and informal learning...
, regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
, and the core values of the legal profession.
Rule of Law Action Group
The Rule of Law Action Group (RoLAG) was formed in early 2007. RoLAG's purpose is to encourage and assist the membership of the IBA, both member organisations and individual members, to respond on a continuous basis to the call of the IBA Council, at the end of its resolutionResolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
passed in Prague
Prague
Prague is the capital and largest city of the Czech Republic. Situated in the north-west of the country on the Vltava river, the city is home to about 1.3 million people, while its metropolitan area is estimated to have a population of over 2.3 million...
in September 2005, 'to speak out in support of the Rule of Law within their respective communities'.
Task Force on the Financial Crisis
The task force is meant to develop proposals for changes to the regulatory architecture and rules system, looking at both international aspects (it being widely acknowledged that a global market needs some form of global regulation) and issues applicable to the major financial jurisdictions; review and comment on ideas and proposals developed by other contributors to the discussion; advocate the continuance of liberalEconomic liberalism
Economic liberalism is the ideological belief in giving all people economic freedom, and as such granting people with more basis to control their own lives and make their own mistakes. It is an economic philosophy that supports and promotes individual liberty and choice in economic matters and...
world financial markets and take a firm stand against protectionism
Protectionism
Protectionism is the economic policy of restraining trade between states through methods such as tariffs on imported goods, restrictive quotas, and a variety of other government regulations designed to allow "fair competition" between imports and goods and services produced domestically.This...
by regulation; defend the rule of law as the fundamental principle and prerequisite of free trade
Free trade
Under a free trade policy, prices emerge from supply and demand, and are the sole determinant of resource allocation. 'Free' trade differs from other forms of trade policy where the allocation of goods and services among trading countries are determined by price strategies that may differ from...
; communicate through statements, reports and conferences; and as appropriate, meet in the major jurisdictions of the world with politicians, regulators, market participants and other interested parties to consult and discuss its ideas and proposals.
Task Force on International Terrorism
In 2003, the IBA formed a Terrorism Task Force to analyse the challenges posed by international terrorism. The Task Force draws on the expertise of its high-profile members, the input from specialised IBA Human Rights Institute working groups and information gained during meetings with high-level officials around the world. The Task Force provides conclusions and recommendations for policy makers and practitioners working in the field of counter-terrorismCounter-terrorism
Counter-terrorism is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed.The tactic of terrorism is available to insurgents and governments...
.
Conferences
The IBA stages around 40 conferences each year in major cities throughout the world. Conferences are open to both IBA members and non-members, with discounted rates offered for early registration and IBA members. Attendance at IBA conferences provides a way to meet Continuing Professional Development requirements. All IBA Conferences carry CPD/CLE accreditation.Mission Statement
"The International Bar Association’s Human Rights Institute (IBAHRI) works to promote, protect and enforce human rights under a just rule of law. The IBAHRI operates under the belief in the fundamental right of the world’s citizens to have disputes heard and determined by an independent judiciary, and for judges and lawyers to be able to practise freely and without interference. In order to advance human rights and the rule of law across the globe the IBAHRI undertakes a variety of projects to build capacity, lobby for change and highlight issues of international concern to the public, the media and the legal community."History
Established in 1995 under the honorary presidency of Nelson Mandela, the IBA's Human Rights Institute (IBAHRI) works to promote the rule of law worldwide. The IBAHRI works to promote, protect and enforce human rights under a just rule of law in a variety of ways. These ways include: training lawyers, judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and prosecutors in human rights law and international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
; pioneering training programmes to strengthen the judiciary in post-conflict countries or countries where basic state infrastructure may have been eroded; undertaking fact-finding missions and sending trial observers to countries where the rule of law has deteriorated; making representations to authorities worldwide where individuals or the independence of the judiciary has been threatened; galvanising international support to lobby for change through media and advocacy campaigns; and providing long-term technical assistance to under-resourced bar associations and law societies. The Institute works closely with international and regional human rights organisations and produces newsletters and other publications to highlight issues of concern to worldwide media
IBA ICC Program
The IBA Programme on the International Criminal CourtInternational Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(ICC) monitors fair trial and defence related issues at the ICC and encourages the legal community to engage with the work of the Court. The IBA’s monitoring work includes thematic legal analysis of the ICC’s pre-trial and trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
proceedings, and ad hoc evaluations of legal, administrative and institutional issues which could potentially affect the rights of defendants, the impartiality of proceedings and the development of international justice. The Programme also acts as the interface between the Court and the global legal community. As such, special focus is placed on monitoring emerging issues at the Court of particular relevance to lawyers and collaborating with key partners on specific activities, such as the IBA/ICC List Counsel Campaign, to increase engagement of the legal community on ICC issues.
Membership
Members of the legal profession including attorneysLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, counsellors, solicitors, barristers, advocates, members of the judiciary and professors of law are all eligible to apply for membership of the IBA.
Publications
The IBA produces a wide variety of publications, covering many aspects of legal practice. These publications include 9 different journals and magazines, books published on topical issues in international legal practice, over 50 specialist committee newsletters, conference papers from the IBA annual conference and other conferences throughout the year, and IBA guides and free materials.Education and Internships
The IBA works to provide educational programmes for those with an interest in the legal profession on a global scale. These include the IBA Latin American Training Programme, the LL.M in International Legal Practice, the Legal Internship Programme, the PPID’s Training Course Programme, and Online CLE programmes.IBA Human Rights Institute Trust
The IBA set up the IBA Human Rights Institute Trust in 2009 and this now replaces the IBA Charitable Trust as their main charitable vehicle in the United Kingdom. The charity supports the work of the IBA Human Rights Institute and projects that meet with its objectives to promote human rights and the administration of justice worldwide.IBA Foundation
The IBA Foundation’s stated mission is to engage in a wide variety of international charitable endeavours related to the rule of law, including continuing legal educationLegal education
Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business...
and equitable access to the legal system and, particularly in more economically disadvantaged parts of the world, infrastructure improvements, competent legal services and legal services administration. Since 1986, the foundation has funded law-related projects throughout the world.