If there is a right to life, is there a right to not choose life? Many jurisdictions have regulations that enable patients to choose life-prolonging, life-shortening, or life-ending (for example do not resuscitate directives or removal of artificial feeding tubes) medical treatments in certain end of life situations. However, very few jurisdictions enable their citizens the choice to end their lives. Several countries are currently debating whether or not to enable their citizens to end their lives with the assistance of the state, and New Zealand is the most advanced in this process with its End of Life Choice Bill. This howtoregulate article examines the regulations of those jurisdictions that have developed end of life regulations on the basis of its complexity and the level of autonomy and protection afforded to those considering to end their life. Continue reading Regulating End of Life Choices: autonomy versus protection of the vulnerable
Paradoxically, the strengthening international and national regulatory regime against illegal wildlife and forest trade[i] (shortened to illegal wildlife trade in this article) has also seen the increasing demand and market for such trade. Elephant numbers have been reducing since 2010 with between 20,000 and 30,000 African elephants killed each year[ii]. The Elephant Trade Information System reports that 45 tonnes of ivory was seized each year between 2010 and 2015[iii]. The price per kilogram of rhino horn is more than the street value of cocaine and gold (approximately €60,000 per kilogram)[iv]. Illegal wildlife trade is an asymmetric problem that has fueled conflict, corruption and money laundering. This howtoregulate article examines the regulatory techniques used by jurisdictions around the world to regulate against the illegal wildlife trade, focusing on those that present useful enforcement techniques. Continue reading Feathers, Fur, Fins and Fronds: Regulations Against the Illegal Trade in Wild Fauna and Flora
The difficulty of regulating against sexual crimes is that it often occurs in private places or where the crime takes place in public, for example in the workplace, it usually involves only two people, which poses problems for detection and eventual prosecution. Usually sexual crimes only become known when the victim breaks the silence, to reveal the sexual crime that has taken place. The purpose of this howtoregulate article is to review the regulations against sexual crimes, particularly around definitions, detection, protection and prevention, and highlight those jurisdictions with novel methods for breaking the silence. Continue reading Breaking the silence: regulating against sexual crimes
Smart grids, electronic commerce, digital government and health services are but a few of the many possibilities offered by the advancement of technology and expansion of cyberspace.
We could only agree with the Indonesian legislator that activities in cyberspace are virtual activities that have actual impacts on our lives. Cybersecurity breaches cover – among others – denial of services, physical theft, crime ware, cyberespionage and web application attacks.
Hence, it is evident that jurisdictions need robust cybersecurity by guaranteeing that products and services offered, meet certain levels of safety and reliability. Moreover, appropriate surveillance is required – without compromising privacy and data protection standards. Continue reading Cybersecurity: regulating the virtual world
Profit from sales of medicines is incentivizing pharma companies to further invest in research and innovation, which is undoubtedly in public interest. Profit is evidently linked to prices. Prices of patented medicines are exponentially rising around the world. As a result, there is an increase in public expenditure and diminution of access to medicines across all income groups of countries. Hence there is a conflict between two public interests: innovation on one hand and affordability on the other.
Whistleblowing has become a dynamic regulatory field. Several jurisdictions have recently opened public consultations in this relation. They recognise the need to protect the good faith whistleblower disclosing alleged wrongdoing to ensure, in fine, the respect of the public interest.
This article presents international framework on whistleblowing (Part I.), model laws (Part II.), national reference regulation (Part III.) and national regulation which is commendable for specific aspects (Part IV.). Continue reading Whistleblowers: protection, incentives and reporting channels as a safeguard to the public interest
From autonomous cars, robotised hotel complexes to surgical and companion robots, the technology of robotics have well advanced. However, have the regulatory measures followed with the same pace? We believe that it has not evolved fast enough. At present, only South Korea has adopted a law that specifically governs the sector of robotics whilst other jurisdictions still struggle how to address immense technological advancements and the related challenges from a legal perspective. Continue reading Robots: no regulatory race against the machine yet
Renewable energy is firmly increasing its share at the world energy market. Albeit light regulatory frameworks, burdensome procedures and lack of incentives can discourage its wider use and the necessary investments in the renewable energy projects. Continue reading For a wider use of renewable energy: incentives & strong legal framework
Not only the International Energy Agency highlights the importance of rationalising energy consumption both for economic and environmental reasons. The environmental reasons have been recognised by the international community with the conclusion of the Paris Agreement on Climate Change in 2015.
National regulators are therefore called upon to adopt rigorous regulations. To facilitate their work, we briefly enumerate international reference documents. We also present a range of national regulations and regulatory techniques which can serve as a reference. Continue reading Promoting energy efficiency by regulation
The donation and transplantation of human organs, tissues and cells is a complex domain that touches on questions of health, law and ethics. These questions are intrinsically connected. Thus, it demands a stringent regulation by public authorities so as to prevent serious health risks and eventual abuses of the consent given by the donor. Furthermore, the increased demand for organs combined with the globalisation has prompted the phenomena of organ trafficking and “transplant tourism”. These phenomena require additional regulation, ideally at global level. Continue reading Transplantation of organs and human tissues