Category Archives: Other Abstract Topics

Attributing legal personality to nature as an effective means for protection

Nature is increasingly being recognised as a holder of rights both in legislation and in court judgements. The relationship between regulations and nature has usually been one of protection, where regulations focus on prohibiting or regulating activities that pose threats to nature. This howtoregulate article explores the burgeoning regulatory landscape attributing legal personality to nature and suggests other regulatory requirements to strengthen the governance and administrative structure supporting legal personhood of nature. Continue reading Attributing legal personality to nature as an effective means for protection

Reference rules of procedure

In a bilateral contact with a development aid agency we learnt that some governments struggle to find a consensus amongst ministries or departments, and this in particular when regulating. If your government is in such a situation, you might wish to check whether the establishment or the amendment of rules of procedure could help. We recommend as a reference the Rules of Procedure of the Czech Republic and the supplementing rules for the Government’s Legislative Council available here.

The downside of requiring justifying data

Requesting data as justification for new legislation is useful, but has an important downside. Requesting justifying data can delay or render impossible the new legislation. It can also be extremely costly, bind too much manpower, increase the influence of lobby groups and reduce the choices of political decision-makers. In a view of this downside, it is preferable to establish a pragmatic case-by-case approach that takes account of the situation of the sector in the respective jurisdiction. Continue reading The downside of requiring justifying data