Lawyers must continue defending the rule of law and the independence of the judiciary, especially given the current state of the geopolitical environment, according to International Bar Association (IBA) president Jaime Carey.

In opening remarks at the Biennial IBA Latin American regional forum in Lima on Wednesday (19 March), Carey said that given the difficult times the world is going through with polarisation and legal uncertainty, it is incumbent on IBA members to seek to protect the rule of law and the profession as a whole.

“One of my biggest concerns for Latin America now is the uncertainty of laws, it’s very difficult to be able to advise your clients when laws are unclear or administrative interpretations sometimes exceed what the law says and they are arbitrarily applied,” Carey said.

Uncertainty is something that keynote speaker – Peruvian central bank governor Julio Velarde – knows all about, having been the country’s central bank chief through eight different presidents and dozens of prime ministers and finance ministers, all with different political agendas.

“We have been growing, but if you change the prime minister every nine or 10 months, policy will change,” and that will have an impact on growth and development, Velarde said during his keynote speech.

This disruptive political backdrop formed the basis of the first panel session of the conference – ‘Regulatory change amid perennial political uncertainty’ – which explored how instability and challenges to the rule of law can affect investment and growth in the region.

“The rule of law is a key element in ensuring that the necessary conditions for development actually take place,” said FTI Consultings’ Gustavo Morales Oliver, one of the panellists.

The rule of law is something where Latin America as a whole lags relative to other parts of the world. According to the World Justice Project’s Rule of Law Index, Uruguay is the best in Latin America, ranking 34 out of 142 countries. Peru, by contrast, is ranked 90 and Mexico is ranked 119.

“Is it possible to have true development without a strong rule of law? I think this ranking shows that it’s quite challenging,” said Morales Oliver.

One of the key symptoms that has been identified in those countries that have a weak rule of law include the judiciary becoming almost an extension of the executive branch, with politicians involved in selecting and appointing judges, he said.

The election of Donald Trump in the US and his flip-flopping on trade policy is also causing challenges in Latin America and beyond.

“It’s not so much about having to deal with new rules, it’s a lot more about not knowing what the rules are,” said Morales Oliver, pointing to Trump’s on/off tariff policies against Mexico and Canada.

Moreover, while the region used to look to the US as a beacon for democracy, stability and the rule of law, that is now “changing a little bit”, said Intercorp’s Juan Antonio Castro, another panellist.

Some 700 delegates are attending the IBA conference in Lima, which runs until Friday (21 March). Earlier on Wednesday, Carey was honoured by the Colegio de Abogados de Lima, with the dean of the college, Raul Canelo Rabana, presenting Carey with a gold chained medal.

Carey said: “I am very honoured to have received the highest distinction of the Peruvian Bar Association and to have been accepted as a member. I accept it not only for myself, but also as a recognition to the IBA and to the Latin American Regional Forum.”

The Global Legal Post is reporting from The Road to 2030 in Latin America conference this week. Click here for further coverage.

GLP is the official publisher of the IBA Daily News, which will be distributed to delegates at the IBA’s Annual Conference in Toronto, Canada (2-7 November). Click here for more details about the IBA Daily News and here to access the IBA 2025 Annual Conference website.

For IBA Daily News advertising enquiries, email [email protected].