South Africa

Recent Articles

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  26.05.2023

  International

  Per­form­ing ser­vices in a de­cent­ral­ised man­ner un­der Mi­CAR

  At the end of April 2023, the European parliament decided on a uniform regulation of crypto assets across the EU by voting on the MiCA regulation (i.e. markets in crypto-assets). The intended innovations are "explosive" for activities related to crypto assets, in particular if they were not yet regulated in Germany where the legislator had provisions already in place, which are similar to those under MiCAR.MiCAR regulates a broad range of crypto-asset services and requests providers to obtain a license from the competent authorities (e.g. BaFin in Germany). It is therefore crucial to identify MiCAR's...

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  25.05.2023

  International

  North Sea Strikes and Force Ma­jeure

  The latest in a series of strikes by oil & gas workers in the North Sea continues to test the operation and efficacy of force majeure (“FM”) provisions in oil and gas industry contracts.There is no single “industry standard” FM clause, and so each contractual FM clause must be carefully considered in its contractual context to determine how it operates.With many North Sea oil and gas industry contracts based on industry model forms, such as LOGIC and OEUK (formerly OGUK), we consider below the impact of the recent (and proposed) North Sea strike actions.  A review...

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  24.05.2023

  International

  De­Fi and MiCA: How much de­cent­ral­isa­tion is enough?

  The European Union Council has recently adopted a regulation on Markets in Crypto-Assets (MiCA) that applies to crypto-assets, their issuers and service providers, and covers a range of services that are not addressed in the European financial regulation.However, for blockchain-based financial services developed in a highly automated manner with minimal or no intermediaries (commonly known as Decentralised Finance or DeFi) determining whether the MiCA regulation covers these services is not a straightforward task. This issue particularly challenges the provision of crypto-asset exchange services...

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  17.05.2023

  International

  On your radar | Is­sue 21

  Key employment issues to be aware of internationallyWelcome to the latest edition of On your radar. Increasing the state pension age became a significant issue in France which led to protests across the country. Our colleagues in France discuss the employment aspects of these reforms. Pension reform is also covered by Colombia where changes are being proposed to make pensions more inclusive and sustainable, and Turkey has passed a law removing the minimum retirement age for certain employees. Working time also features in this edition;...

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  16.05.2023

  International

  In­ter­na­tion­al De­vel­op­ments in Pri­vacy En­han­cing Tech­no­lo­gies (PETs)

  In March the Organisation for Economic Co-Operation and Development (“OECD”) became the latest in a long line of organisations / public bodies to publish a report (Emerging privacy enhancing technologies: Maturity, opportunities and challenges (oecd-ilibrary.org)) focused on the benefits of PETs (the technology tool, rather than furry kind).  The OECD report reviews recent technological advancements and evaluates the effectiveness of different types of PETs, as well as the challenges and opportunities they present. It also outlines current regulatory and policy approaches to PETs,...

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  10.05.2023

  South Africa

  Let’s bond over green bonds

  This funding method can help move forward SA’s just energy transition goals.As the world grapples with the urgent need to reduce carbon emissions and mitigate the effects of climate change, green finance has emerged as a powerful tool for driving investment in sustainable energy and infrastructure. Green bonds have gained traction as a means of raising capital for climate mitigation projects while providing investors with a source of reliable return on their investment.The bonds can help move forward SA’s just energy transition (Jet) goals by reducing debt burdens, attracting international...

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