All posts by Manfred Kohler

Part 1: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations

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.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

Regulations Campaigner for the Regulatory Institute

The Regulatory Institute seeks candidates to fulfil the role of Regulations Campaigner for a new project to effect regulatory change in the tobacco and/or alcohol sector so that healthy life years of citizens can be improved. We are a start-up non-profit organisation focussed on researching and promoting good law-making and regulatory techniques. This new project is global in nature but with campaign actions in a country/ies to be selected depending on the language credentials of the successful candidate. The focus is to work with allies in effecting regulatory change. Continue reading Regulations Campaigner for the Regulatory Institute

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

Regulatory architecture

Legislative and regulatory acts (hereafter jointly called “acts”) rarely exist in an isolated way. Therefore, it is important to fit them well into the overall regulatory architecture for the given sector or field. We examine in this howtoregulate article how best to position an act in the overall regulatory architecture. To that end, we need to look more closely at how acts relate to each other. Continue reading Regulatory architecture

Typology of referencing in regulations

Referencing in regulations is becoming more common in a globalised and interconnected world. Jurisdictions recognise that other bodies, or organisations both within and outside their jurisdiction, have more expertise in a given sector and so it makes sense to reference such bodies / organisations. In fact such referencing is justified based on efficiency, limited resources and consistency. However, some referencing in regulations has not been conceived well and so this howtoregulate article provides a roadmap of considerations that a regulator ought to take into account before making a reference, external to the piece of regulation. Continue reading Typology of referencing in regulations

How to harmonise decision-making of authorities and conformity assessment bodies?

More than five years after dealing with harmonised decision-making in the Handbook “How to regulate?”, we now re-visit the topic of this article in a more analytical way. We present six key components for a strategy leading to more harmonised decision-making (A). These key components can be integrated into an operational action plan and workflow. Continue reading How to harmonise decision-making of authorities and conformity assessment bodies?

Empowerments (Part I): typology

To ensure the good application of law, authorities must have empowerments. However, we have not yet found any systematic presentation of types of empowerments. We aim at closing this gap by this article. We will see that the focus on empowerment permits a new, complementary view on what regulation should contain. This complementary view can be used to double-check whether draft regulation is complete. Continue reading Empowerments (Part I): typology