We wrote about the dynamic field of whistleblower regulation some time ago and since then several important regulatory updates have occurred that are worth raising. In this update we also dive into how whistleblower protections can be strengthened through robustly empowered supervisory bodies, practical anti-retaliation measures and tackling whistleblowing in traditionally confidential sectors. Continue reading Whistleblower regulations update: strengthening protections
Tag Archives: regulation
Digital government: regulating the automation of public administration
Governments are increasingly looking towards automated decision-making systems (ADS), including algorithms to improve the delivery of public administration. This raises issues in administrative law around legality, transparency, accountability, procedural fairness and natural justice. The provision of public services and government decision-making are regulated by legislation that protect administrative (public) law principles and permit affected persons to seek judicial review of that decision. However, the government use and deployment of ADS has, in many jurisdictions, preceded any prudent analysis of how the ADS fits within the broader administrative legal framework. This howtoregulate article outlines a regulatory framework for the automation of public administration. Continue reading Digital government: regulating the automation of public administration
Cultured Meat: How to Regulate Alternatives to Farmed Meat
Fourteen per cent of the world’s greenhouse emissions is estimated to come from raising livestock, and ethical concerns are rife at different stages of livestock production (eg. live animal exports, slaughter practices, the use of hormones). Health implications are also involved in the consumption of animals, from the novel coronavirus through to non-infectious diseases caused by over-consumption of saturated animal fat. Breakthrough research in alternatives to farmed meat has seen several start-up tech companies promising to bring alternatives to market as early as 2022. Alternatives to farmed meat may be an important lever to encourage people to eat less meat but there is an equal if not more pressing need for regulators outline a clear framework for such alternatives. This howtoregulate article examines the existing regulatory environment for alternatives to farmed meat and suggest regulatory techniques that aim to encourage safer and faster take-up in the market. Continue reading Cultured Meat: How to Regulate Alternatives to Farmed Meat
An Update on How to Promote Energy Efficiency by Regulation
With many workplaces closed or closing, people working from home and the need for business transformation, there are calls for a “green recovery” in line with international climate change agreements to respond to global health, economic and trade shocks. One aspect of this sustainable transition is energy efficiency. This howtoregulate article analyses the best practice regulations jurisdictions use to encourage and incentivise energy efficiency. It builds on, and updates, a previous article written in January 2017, “Promoting energy efficiency by regulation” and so it is recommended both be read. Continue reading An Update on How to Promote Energy Efficiency by Regulation
Regulation under the microscope: the small scale building blocks of regulation
Analysing regulation can be done in a variety of ways. One could start at the macro level as was presented in the howtoregulate article “Regulatory architecture”. Alternatively, one could also begin analysing regulating at the micro level as this article will present. Although it would be more logical to analyse regulation step-by-step from the macro to the micro level, more can learned by presenting first the two poles before presenting regulatory techniques at the intermediate levels. The intermediate levels are better understood when one is familiar with the macro and the micro view on regulation. Continue reading Regulation under the microscope: the small scale building blocks of regulation
The art of setting multi-dimensional limit values in regulation
In many fields of technical, chemical or environmental regulation we use limit values. The purpose of establishing limit values in regulation is to set clear rules that protect safety of people, the environment and policy goals generally. This howtoregulate article analyses situations where there is a trade-off between different or inter-dependent parameters which are subject to limit values. Furthermore, we present a rational approach for deciding the trade-offs between limit values. Continue reading The art of setting multi-dimensional limit values in regulation
Regulating for a sustainable natural resources sector to infinity and beyond
It cannot be be overlooked when regulating the sustainable natural resources (oil, gas and minerals) sector that such resources are finite. The benefits of the extracted sustainable natural resources, usually measured narrowly in financial terms, has diminishing returns once the resource arrives at its final destination. Meanwhile, the loss caused by the extraction can continue to be felt long after the financial benefit has run its course, particularly when externalities are not appropriately accounted for in regulation. This howtoregulate article looks at good examples of regulations with the objective of a sustainable natural resources sector. Continue reading Regulating for a sustainable natural resources sector to infinity and beyond
Beyond a destination and towards a culture: Corporate transparency regulations
The private sector plays a critical role in achieving economic and social goals through providing goods and services, employment and tax revenue. Corporate vehicles such as companies, trusts, foundations, partnerships, and other types of legal persons and arrangements, make up a large share of the private sector. Although corporate transparency is a standard business practice of most companies, other corporate vehicles have less transparency as revealed by the International Consortium of Journalists in the Panama Papers. Corporate transparency regulations need always to balance measures aimed at catching bad actors with measures that encourage voluntary transparency, to avoid overly burdensome rules. This howtoregulate article focuses on good examples of corporate transparency regulations and highlighting opportunities for improvement. Continue reading Beyond a destination and towards a culture: Corporate transparency regulations
Regulatory architecture
Legislative and regulatory acts (hereafter jointly called “acts”) rarely exist in an isolated way. Therefore, it is important to fit them well into the overall regulatory architecture for the given sector or field. We examine in this howtoregulate article how best to position an act in the overall regulatory architecture. To that end, we need to look more closely at how acts relate to each other. Continue reading Regulatory architecture
Caring about older persons in regulation
Good regulations for the care of older persons is critical for states where the share of the ageing population is increasing quickly because the burden on aged services also exponentially grows. The population ageing process is a transversal issue that cuts across several policy areas and regulatory mechanisms, often requiring implementation several years in advance to address future demand. This howtoregulate article looks at best practices for regulating care for the aged in circumstances where the target group are working less, living longer and needing more. Continue reading Caring about older persons in regulation
