All posts by Regulatory Institute

World’s first Model Law on Public Financial Management

The Regulatory Institute proudly assisted the Southern African Development Community Parliamentary Forum (SADC PF) develop the world’s first Model Law on Public Financial Management (MLPFM). The MLPFM was unanimously approved by the 51st Plenary Assembly of the SADCPF on 14 July 2022, representing several months of work, by experts in several countries and an extensive consultation process across diverse sectors of the SADC region. This howtoregulate article outlines the regulatory assistance provided by the Regulatory Institute in the development of this trailblazing model law. Given the value of model laws as a lawmaking tool, the Regulatory Institute is developing a Model Laws Library, the aim of which is to facilitate the work of lawmakers. Continue reading World’s first Model Law on Public Financial Management →

Model Law on Environmental Liability

Environmental liability is a matter of fairness. The deterrence effect of environmental liability also helps to reduce environmental pollution. Unsurprisingly, environmental liability acts have emerged in many jurisdictions around the globe. Quite a number of them will soon go under revision. In view of that, we undertake the development of a Model Law on Environmental Liability. Our model law covers both the public law and the private law side of environmental liability, offering more choices for regulators. Continue reading Model Law on Environmental Liability →

How can regulation solve firearms problems?

Originally born as an instrument for the modernisation of armies, firearms have proliferated to become a contemporary global problem. Over 250,000 people were killed by firearms worldwide in 2019 and higher still, are those affected by firearms-related health problems, both physical and psychological. Strict regulation is required to combat indiscriminate sales to opposition groups, terrorists or criminals who undermine the rule of law, destabilise societies and perpetuate conflicts. With the aim of creating safer societies, lawmakers have established guidelines to regulate firearms. This howtoregulate article aims to cover the life cycle of firearms: manufacture, marking, possession, storage, destruction and deactivation. Continue reading How can regulation solve firearms problems? →

Model Law on Artificial Intelligence

The Model Law on Artificial Intelligence is a continuation of the Regulatory Institute’s popular series of model laws. The scope of the Model Law on AI applies to the development, operation and use of software that constitutes artificial intelligence or of items that use artificial intelligence. Artificial intelligence is a relatively new topic of regulation and presents a good opportunity for lawmakers to regulate in a comprehensive way, free from any legacy legislation. Continue reading Model Law on Artificial Intelligence →

The legislature’s ex post control of public finances (Part 2)

In this Part 2 on regulating the legislature’s ex post control of public finances we provide reference regulation for oversight of the government’s finances and expenditure. Part 1 covered substantive questions to consider for the ex post control of public financial management (PFM) and the international, multilateral and regional regulatory standards for legislative scrutiny. Continue reading The legislature’s ex post control of public finances (Part 2) →

Model Law: Alcohol, Cannabis and Tobacco Products

Model laws have existed since the 19th century. They mostly aim to impose or provide suggestions for particular content of law and thus to harmonise laws. Most model laws pre-empt choices. Model laws of the Regulatory Institute are different. The purpose of the model laws elaborated by the Regulatory Institute are to facilitate the tasks of regulatory practitioners, be they working for administrations or parliaments, to improve the quality of laws by triggering more conscious choices. The model laws of the Regulatory Institute should serve as inspiration, as a toolbox, checklist, raw material or a basis for the development of an adapted law and optimised as such. The model laws are not intended to be used exactly as they are drafted. They try to point to important decisions to be taken by the regulatory practitioners without pre-empting respective choices. Often they present choices, either as alternatives, or add-on modules that can be kept or deleted. Continue reading Model Law: Alcohol, Cannabis and Tobacco Products →

The legislature’s ex post control of public finances (Part 1)

Democratic governance requires government finances to be administered and supervised well so that public goods and services contribute to the prosperity of the state and its citizens. The legislature plays an important role in the public financial management system as an institution of oversight. Parliamentary oversight of government finances can be separated into two broad phases: consideration and approval of the government’s plans for the raising and spending of revenue ex ante, through the proposed budget; and the monitoring of expenditure ex post, to ensure that it has conformed to the terms which parliament approved. This howtoregulate article will focus on the monitoring of expenditure ex post and the regulatory controls necessary to maximise the effectiveness of parliament’s role. Continue reading The legislature’s ex post control of public finances (Part 1) →

Part 2: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations

This Part 2 of addictive products (alcohol, cannabis and tobacco) regulation will focus on national reference regulation covering regulatory measures for demand reduction, supply reduction and harm reduction in both alcohol and tobacco regulatory frameworks. National reference regulation for cannabis regulation will be addressed separately at the end to highlight the range of regulatory controls of the, usually new, regulatory framework. This is in contrast to most alcohol and tobacco control regulation which amends legacy legislation. Continue reading Part 2: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations →

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.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 →