This document contains mostly very general provisions. It is intended as a source of inspiration for those drafting laws and other forms of regulation in any regulatory or policy area. Readers are invited to select provisions that they consider useful for their specific regulatory or legislative task and to adapt them to their specific needs. No provision should be taken without considering the need for adaptation. Continue reading Cross-sectoral Standard Provisions for Regulation
All posts by Manfred Kohler
Draft Convention on Risks to the Existence of Humankind (“existential risks”)
Climate Change Laws
Several recent crises have pushed climate change out of the political spotlight. However, it is still an issue that is attracting significant legislative activity and will continue to do so because of the increasingly apparent catastrophic consequences of climate change. Continue reading Climate Change Laws
Model Law on Corruption
Corruption remains one of the foremost challenges faced by countries worldwide. Its destructive effects impact societies, economies, and individuals globally, with developing nations bearing the brunt of this widespread issue.
While many countries have implemented anti-corruption regulations, their effectiveness may be limited. To address this gap, the Regulatory Institute presents its Model Law on Corruption. Continue reading Model Law on Corruption
Reference Laws and Recommendations for the Fight against Corruption
This short article recommends laws and other references for law-makers who are drafting a law against corruption. It also lists elements to be considered for integration into anti-corruption laws. Continue reading Reference Laws and Recommendations for the Fight against Corruption
Choosing regulatory topics
This Article claims that jurisdictions do not necessarily select their regulatory topics in a rational manner. It introduces criteria and a reflection framework to decide whether a specific topic should be subject to regulation.
Continue reading Choosing regulatory topics
The tragedy of business lobbying for “less regulation”
Business associations and individual economic actors often lobby for “less regulation”. Politicians and officials often feel obliged to follow this call. In some jurisdictions, even entire regulatory policy departments have been created to limit the quantity and the heaviness of regulation. As a consequence, regulations sometimes become “light”, containing general provisions and leaving details out. In this article, we claim that businesses are partly shooting themselves into the foot by calling for “less regulation” instead of “less obligations”. We also state that we are all better served by more and more detailed provisions. Continue reading The tragedy of business lobbying for “less regulation”
International cyber relationships, internet platforms and virtual worlds: project outline and call for support
More and more aspects of life are covered by the internet. This increases the number of relationships that arise between natural and legal persons. These relationships can arise via the internet in general, on platforms like LinkedIn or in virtual worlds like “Second Life”. In the future, the “metaverse” or similar “virtual worlds” may aim to supplant the real world, creating even more complex legal relationships. Continue reading International cyber relationships, internet platforms and virtual worlds: project outline and call for support
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
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