Referencing in regulations is becoming more common in a globalised and interconnected world. Jurisdictions recognise that other bodies, or organisations both within and outside their jurisdiction, have more expertise in a given sector and so it makes sense to reference such bodies / organisations. In fact such referencing is justified based on efficiency, limited resources and consistency. However, some referencing in regulations has not been conceived well and so this howtoregulate article provides a roadmap of considerations that a regulator ought to take into account before making a reference, external to the piece of regulation. Continue reading Typology of referencing in regulations
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Referring to standards: never think there is no further alternative
In particular for technical sectors, regulators tend to refer to international or national standards as a means to set up requirements. This article examines some risks and downsides of (classic) direct and specific referencing, a referencing that makes the standards mandatory (A.). Furthermore it presents a matrix that can be used to generate dozens or hundreds of alternative techniques of referencing that avoid these risks and downsides and describes in more details a few favourite techniques (B.). Continue reading Referring to standards: never think there is no further alternative