Category Archives: All Articles

Cross-sectoral Standard Provisions for Regulation

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

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”

Model law on cross-border internet activities and virtual worlds

This model law boldly aims to regulate cross-border internet activities comprehensively, covering most their facets, including up to the level of complexity if “virtual worlds”. Our model law contains comprehensive lists of obligations for all actors from which legislators are invited to choose as appropriate. The model law also creates manifold interfaces with the national legal order into which it is to be embedded. Lastly, our model law establishes a system in which actors control each other as as to complement and even partly replace the work of enforcement authorities. Continue reading Model law on cross-border internet activities and virtual worlds

Fair and competitive: how to regulate elections?

Organising fair and competitive elections is no easy feat. The probity and logistics involved requires clear rules and careful planning. Many jurisdictions around the world are examining their election laws as a way to strengthen democracy and cultural support for democratic systems, the latter being particularly important to sustain societal support generally. But how clear are the rules for elections really? How fair and competitive are they? Is the electoral management body as independent as it could be? This howtoregulate article examines the laws regulating elections, highlighting good examples of electoral laws and regulatory techniques. Continue reading Fair and competitive: how to regulate elections?