According to the Lancet’s latest Global Burden of Disease Study, around 11 million global deaths are attributed to tobacco and alcohol consumption, over 11.5 million if you include illicit drug (opioids, cocaine, amphetamines and cannabis) use.1 This is more than the number of deaths from all cancers in the world.2 Lancet’s study shows that tobacco use is declining, albeit from a very high rate, highlighting the success of stricter tobacco control regulations worldwide. Consumption of alcohol and illicit drugs are, however, on the rise. This Part 1 howtoregulate article analyses techniques for regulating alcohol, cannabis and tobacco so that the regulatory control measures can effectively control the public health and welfare costs of the harms caused by these addictive products. Part 2 will look at reference regulations showing how such regulatory techniques operate in the jurisdictions that have implemented them. Continue reading Part 1: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations
Part 2: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
We published Part 1 of this two part howtoregulate article on moving beyond traditional prevention of animal cruelty legislation to regulating animal welfare and now we present Part 2. Part 1 provided an overview of animal welfare regulatory frameworks at the international, supra-national, national and state levels. Part 2 focuses on regulatory techniques for strengthening particular aspects of animal welfare regulation (A) and highlights some missed regulatory opportunities (B). Continue reading Part 2: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
Part 1: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
Modern history has come to expand the net of rights holders: slaves, women, indigenous people and children. Before their rights were ‘recognised’, various regulations concerned their protection as property. The rights of animals are also gaining recognition and jurisdictions are starting to move away from animals as property to animals as sentient beings whose welfare is important in a humane society. This two part howtoregulate article focuses on moving beyond traditional prevention of animal cruelty legislation to regulating animal welfare, recognising either animal rights, animal sentience or the requirement for humane treatment. This Part 1 provides an overview of animal welfare regulatory frameworks at the international, supra-national, national and state levels. Continue reading Part 1: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
Whistleblower regulations update: strengthening protections
We wrote about the dynamic field of whistleblower regulation some time ago and since then several important regulatory updates have occurred that are worth raising. In this update we also dive into how whistleblower protections can be strengthened through robustly empowered supervisory bodies, practical anti-retaliation measures and tackling whistleblowing in traditionally confidential sectors. Continue reading Whistleblower regulations update: strengthening protections
Digital government: regulating the automation of public administration
Governments are increasingly looking towards automated decision-making systems (ADS), including algorithms to improve the delivery of public administration. This raises issues in administrative law around legality, transparency, accountability, procedural fairness and natural justice. The provision of public services and government decision-making are regulated by legislation that protect administrative (public) law principles and permit affected persons to seek judicial review of that decision. However, the government use and deployment of ADS has, in many jurisdictions, preceded any prudent analysis of how the ADS fits within the broader administrative legal framework. This howtoregulate article outlines a regulatory framework for the automation of public administration. Continue reading Digital government: regulating the automation of public administration
Cultured Meat: How to Regulate Alternatives to Farmed Meat
Fourteen per cent of the world’s greenhouse emissions is estimated to come from raising livestock, and ethical concerns are rife at different stages of livestock production (eg. live animal exports, slaughter practices, the use of hormones). Health implications are also involved in the consumption of animals, from the novel coronavirus through to non-infectious diseases caused by over-consumption of saturated animal fat. Breakthrough research in alternatives to farmed meat has seen several start-up tech companies promising to bring alternatives to market as early as 2022. Alternatives to farmed meat may be an important lever to encourage people to eat less meat but there is an equal if not more pressing need for regulators outline a clear framework for such alternatives. This howtoregulate article examines the existing regulatory environment for alternatives to farmed meat and suggest regulatory techniques that aim to encourage safer and faster take-up in the market. Continue reading Cultured Meat: How to Regulate Alternatives to Farmed Meat
An Update on How to Promote Energy Efficiency by Regulation
With many workplaces closed or closing, people working from home and the need for business transformation, there are calls for a “green recovery” in line with international climate change agreements to respond to global health, economic and trade shocks. One aspect of this sustainable transition is energy efficiency. This howtoregulate article analyses the best practice regulations jurisdictions use to encourage and incentivise energy efficiency. It builds on, and updates, a previous article written in January 2017, “Promoting energy efficiency by regulation” and so it is recommended both be read. Continue reading An Update on How to Promote Energy Efficiency by Regulation
Regulation under the microscope: the small scale building blocks of regulation
Analysing regulation can be done in a variety of ways. One could start at the macro level as was presented in the howtoregulate article “Regulatory architecture”. Alternatively, one could also begin analysing regulating at the micro level as this article will present. Although it would be more logical to analyse regulation step-by-step from the macro to the micro level, more can learned by presenting first the two poles before presenting regulatory techniques at the intermediate levels. The intermediate levels are better understood when one is familiar with the macro and the micro view on regulation. Continue reading Regulation under the microscope: the small scale building blocks of regulation
Regulating the police in service of the public
Regulating the police, particularly use of force and oversight of police power, received global attention following the death in Minneapolis police custody of George Floyd on 25 May 2020. The police is one of a few state institutions (others include the military, prisons) that are authorised to use force. According to German sociologist Max Weber the successful monopoly over legitimate physical force is what defines a modern state. Recognising that the police provide important services such as law enforcement and public safety, this howtoregulate article focusses on how best to regulate the police noting the range of functions they must perform in service of the public interest. Continue reading Regulating the police in service of the public
The art of setting multi-dimensional limit values in regulation
In many fields of technical, chemical or environmental regulation we use limit values. The purpose of establishing limit values in regulation is to set clear rules that protect safety of people, the environment and policy goals generally. This howtoregulate article analyses situations where there is a trade-off between different or inter-dependent parameters which are subject to limit values. Furthermore, we present a rational approach for deciding the trade-offs between limit values. Continue reading The art of setting multi-dimensional limit values in regulation