Search Results for: whistleblow

Regulating Cross Border Services

In today’s globalised world, where markets are increasingly borderless, how does the domestic regulator enforce national objectives in consumer protection, professional standards, taxes and competition? Let’s be honest, it’s not easy to enforce these objectives within the border, imagine across borders, where the language and legal systems are different and, most importantly, there is no own state power of the jurisdiction setting up requirements. Cross-border product enforcement has matured in recent years in line with consumer demand for quality and stricter enforcement through customs and sometimes even postal services. Requirements for cross-border services, however, have been more difficult to enforce due to the variety of channels that services consumers and businesses currently use, particularly digital services. This howtoregulate article focuses on how the regulation of cross-border services could be better enforced so that compliance with service requirements by traders outside of the jurisdiction are similar, or at least not too dissimilar, to those within the regulator’s jurisdiction. Continue reading Regulating Cross Border Services →

Regulating alcohol consumption in the absence of a medically determined safe level

According to The Lancet “alcohol use is a leading risk factor for global disease burden and causes substantial health loss”1. In fact, it is the seventh leading risk factor globally for mortality and disease finding that “the risk of all-cause mortality, and of cancers specifically, rises with increasing levels of consumption, and the level of consumption that minimises health loss is zero”2. These results suggest that alcohol control policies and regulations that have traditionally focused on “responsible” or “safe” alcohol consumption might need to be revised worldwide, refocusing on efforts to lower overall population-level consumption. Some states (eg. Australia) are currently reviewing their alcohol consumption control regime and with The Lancet’s recent publication more jurisdictions are expected to follow. This howtoregulate article examines the international and national alcohol consumption control regulations to determine good regulatory techniques that could assist states’ reviews of existing regulation. Continue reading Regulating alcohol consumption in the absence of a medically determined safe level →

Our People

Sarra Nsir, Tunisia General Manager of the Regulatory Institute and researcher and representative of the Regulatory Institute for Africa and the Middle East, Ms Nsir has an excellent academic background and rich experience in civil society. Currently, Ms Nsir is working towards her PhD on “Dispute Settlement Mechanism under the AfCFTA” at the Faculty of … Continue reading Our People →

Report on Artificial Intelligence: Part II – outline of future regulation of AI

This Part II of the howtoregulate Report on Artificial Intelligence presents regulatory approaches for minimizing the harms of artificial intelligence (AI), evidently without putting into question the utility of AI. What should regulation of Artificial Intelligence look like? The answer to this question depends on the goals of the regulator. As was previously outlined in Part I, much of the goals of states today is to focus on incentivizing innovative applications of AI or encouraging breakthrough AI research. We could imagine, however, that the average regulator might also consider such goals as avoiding the risk that AI research or technology leads to the eradication of humankind and reducing other major risks for human beings to the extent that the expected positive effect of AI is not disproportionately hampered. Furthermore, regulators might feel compelled to deal with particular risks linked to specific technological uses. Continue reading Report on Artificial Intelligence: Part II – outline of future regulation of AI →

Tobacco control regulations: Combating the world’s leading preventable cause of death

Tobacco remains the leading preventable cause of death in the world today and accounts for around 12% of all adult deaths worldwide (more than 7 million people)1. Its effects are far-reaching and have implications along the supply chain: from the land used to grow tobacco instead of food, often in countries where food security is a concern, to the 63% of children of tobacco-growing families involved in child labor, to the environmental effects of smoke expelled into the air, the bystander and the smoker’s health2. This howtoregulate article focuses on tobacco control and regulations for the emerging tobacco alternative electronic cigarettes. Continue reading Tobacco control regulations: Combating the world’s leading preventable cause of death →

Regulating End of Life Choices: autonomy versus protection of the vulnerable

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 at a certain end of life situations/choices. 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 choices 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 →

Feathers, Fur, Fins and Fronds: Regulations Against the Illegal Trade in Wild Fauna and Flora

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 →

Cybersecurity: Regulating the Virtual World

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. Continue reading Cybersecurity: Regulating the Virtual World →