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It is difficult to overestimate the importance of comparative law in the legal developments of the restored Republic of Estonia. The country's legislative drafting and jurisprudence frequently refer to and study legal solutions adopted in other countries, with private-law practitioners having even cited the comparative method as the main approach to drafting legislation and the best-practice rules for legislative drafting adopted in 2011 directing that the experience of other countries be considered in both the proposal for drafting and the draft law itself. While the comparative approach is followed so often for legal articles and doctoral theses that foreign law has even been referred to as an everyday tool for Estonian lawyers, reference to solutions in other legal orders is a much rarer phenomenon in application of the law, whether in the case law of Estonia or in that of other countries. The article provides an overview, based on legal literature and Estonian case law, of the arguments related to the admissibility of the use of foreign law in court decisions and examines the role of foreign law in the application of Estonian legal provisions. Its discussion focuses not on decisions that refer to the case law of the European Court of Justice or European Court of Human Rights or that cite case law from other countries with regard to applying international conventions but on those situations in which courts have used references to other countries' legal provisions, case law, or legal literature (i.e., comparative arguments) when applying national law. [ABSTRACT FROM AUTHOR]

This article critically examines the inception of the recent European Commission (EC) proposal for a regulation laying down harmonization rules for Artificial Intelligence (AI Act). By establishing a four-level taxonomy of AI-related risks (non-high, limited, high, unacceptable) and corresponding technical standards, this instrument aims at preventing the occurrence of risks caused, in particular, by so-called high-risk AI systems. Though by virtue of its purpose and design, the AI Act followsarisk-based approach to regulation, it displays a specificity when compared to existing risk regulation in the European Union (EU), in such areas as environment and health. This specificity stems from the operative definition of risk the AI Act relies on: the risks covered in this proposal are not scientifically measurable threats of physical harm but threats of human rights violations which are difficult to quantify. In light of this, this article raises the issue of the evidence, if any, the EC gathered in view of designing a proportionate (i.e., reality conform) regulatory framework on AI. Through a critical analysis of the discovery procedures (public consultations) the EC launched for the purpose of drafting the AI Act, this article finds that the Commission disregarded the evidence gathered on several important points, namely the type (horizontal or sectoral) of regulation best suited for AI-related risk prevention. Considering the limited impact of empirical knowledge on the design of the AI Act, this article seeks to determine if, in lieu of beinganormative response to factual reality, the instrument under consideration gives specific normative expression to fundamental values and rights, as well as to strategic objectives (trust and excellence) associated with the EU’s Digital Single Market. This analysis allows to uncover two key standards having served as referents for the drafting of the AI Act: its axiological congruence with overarching Union values and its consistency with corresponding and already existing EU regulatory instruments. By delving into the origins of the AI Act, this article provides a unique insight into its normative rationale, uncovering the reasons for the relative obsolescence of empirical knowledge in its design and shedding more light on its specific legal nature as both a rights-protecting and risk-regulating instrument. [ABSTRACT FROM AUTHOR]

Combining the Multiple Streams Framework and Rose et al.'s (2020) tips for environmentalists to approach policy windows, we examined which strategies policy entrepreneurs from Brazil's National Cabotage Program and National Biofuels Policy adopted to ensure their approval. In the National Cabotage Program, the employment by the Ministry of Infrastructure of the capacities to foresee and create a policy window, reflected in the decision to create a Navigation and Waterways Department, and to persevere, continuously negotiating the draft bill of the Program with the executive and the legislative branches, contributed to policy approval. In the National Biofuels Policy, the employment of the capacities to respond by the association of sugarcane producers, through sending a market-based proposal to a call for policy proposals opened by the Ministry of Mines and Energy, and to frame, by emphasizing the biofuel policy as a solution for Brazil to attain its climate commitments, was key, sparing the use of other strategies. The findings suggest that more than one combination of strategies can lead to policy approval, whereas it is not necessary to adopt all of them in a single process, with seeming compensation between them. Future studies could investigate the outcomes of different combinations of capabilities and qualities of public policy entrepreneurs in other public policy processes. • Environmentalists can employ different strategies to influence policy processes. • More than one combination of strategies can lead to policy approval. • The framing of a Biofuel Policy as a climate policy likely reduced public opposition to it. • Policy entrepreneurs need to persevere in the absence of climate framing. [ABSTRACT FROM AUTHOR]

After having played a minor role in European politics for a long time, national parliaments were empowered to "guardians of subsidiarity" under the Lisbon Treaty. This article scrutinizes whether they have succeeded in influencing European Union legislation with reasoned opinions over the past ten years. A statistical analysis of all opinions up to 2020 shows that the Commission recalls draft legislative acts significantly more often after receiving at least one reprimand. A comparison of the parliamentary chambers suggests that these withdrawal decisions were not driven by strategic considerations such as a member state's voting weight in the Council. Both indicate that the "Early Warning System" works better in practice than previously assumed. This result should encourage members of national parliaments to make more active use of this instrument of subsidiarity control. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

While anti-corruption scholars have analyzed and explained theoretically citizen-based anticorruption approaches, studies on one of the most important aspects of a leading anti-corruption non-governmental organization (NGO) has been limited: the role of Transparency International (TI), in particular national branches of TI, as a think tank. Drawing on data from an interview with a former head of TI in the UK (TI-UK), this study will conduct a preliminary review and analysis of the effects of TI-UK in anti-corruption policymaking. The analysis shows that TI-UK was not only involved in the drafting of legislation but also had an impact on the outcomes during the legislation and initial implementation processes. This study is expected to contribute to understandings of anti-corruption policymaking processes and development of theories and practices of anti-corruption reforms. [ABSTRACT FROM AUTHOR]

This Article addresses a specific question around bills of rights: How are these instruments drafted? Drawing upon the findings of research projects funded by the Joseph Rowntree Charitable Trust (the "~RCT"), the Article examines the Northern Ireland experience, a place where the process is ongoing. In particular, the Article explores conceptual and practical matters involved in drafting bills of rights in post-conflict societies. The Article suggests that Northern Ireland merits consideration when one rejlects on models for the facilitation of public participation in constitutional projects. What happened to the course of the debate on a bill of rights in Northern Ireland also raises hard questions about how to design an effective process in the context of ethno-national division. This Article contributes to discussions on human nghts refonn in deeply divided societies by examining the Northern Ireland experience. [ABSTRACT FROM AUTHOR]

New Zealand is in the process of refreshing its central bank ( Reserve Bank of New Zealand-Te Putea Matua-RBNZ) legislation, with a draft bill containing proposed institutional arrangements for the RBNZ expected to open for public consultation later in 2020. The COVID-19 pandemic is not only affecting the proposed timeline, but also the RBNZ's ongoing intervention activity. [ABSTRACT FROM AUTHOR]

This article explores the expectations associated with self-driving vehicles and the role of public trials in testing and upscaling this technology. Using a two-pronged empirical approach, we first analyze public responses to draft legislation circulated in preparation for Norway's 2017 Act Relating to Testing of Self-Driving Vehicles. Drawing on the sociology of expectations, we investigate the anticipated benefits of self-driving technology and identify a possible tension between calls for a flexible legal framework and concerns regarding the thoroughness and purpose of testing. Thereafter, the article analyzes interviews with actors conducting the first public trial under the new law, drawing on literature on upscaling and public experimentation to investigate the effects of societally embedded testbeds. We argue that public testing influences the understanding of self-driving technology and its relation to traffic. Additionally, the analysis shows how these understandings enter processes of policymaking, lawmaking, and technology development, indicating that actors conducting testing have been granted significant influence over current institutional understandings and future technical requirements for self-driving vehicles. We conclude that as trial experiences mold current understandings of autonomous transport, companies conducting testing guide expectations toward specific self-driving futures, thus rendering these futures more probable than others. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the draft bill of a "Law to Strengthen Integrity in Business" (Gesetz zur Starkung der Integritdt in der Wirtschaft), the key part of which is the Act on Sanctions for Associations (Verbandssanktionengesetz--VerSanG), the German legislator took the next step in establishing a corporate crime regime in Germany. It introduces a modernised sanctions catalogue and brings various procedural changes. [ABSTRACT FROM AUTHOR]

This article explores the expectations associated with self-driving vehicles and the role of public trials in testing and upscaling this technology. Using a two-pronged empirical approach, we first analyze public responses to draft legislation circulated in preparation for Norway's 2017 Act Relating to Testing of Self-Driving Vehicles. Drawing on the sociology of expectations, we investigate the anticipated benefits of self-driving technology and identify a possible tension between calls for a flexible legal framework and concerns regarding the thoroughness and purpose of testing. Thereafter, the article analyzes interviews with actors conducting the first public trial under the new law, drawing on literature on upscaling and public experimentation to investigate the effects of societally embedded testbeds. We argue that public testing influences the understanding of self-driving technology and its relation to traffic. Additionally, the analysis shows how these understandings enter processes of policymaking, lawmaking, and technology development, indicating that actors conducting testing have been granted significant influence over current institutional understandings and future technical requirements for self-driving vehicles. We conclude that as trial experiences mold current understandings of autonomous transport, companies conducting testing guide expectations toward specific self-driving futures, thus rendering these futures more probable than others. [ABSTRACT FROM AUTHOR]

The Palestinian Basic Law ("BL") was released with much fanfare, optimism, and promise. Indeed, the BL was said to signal the dawn of a new Palestine state: it was hailed as a building block towards Palestinian self-determinism and used as an example to showcase progressive diplomacy with Israel. Since the birthing of the BL at the Oslo Accords, however, the onset of constitutional crises over the past fifteen years--namely the international intervention in 2003, the death of Arafat in 2004, and Hamas-Fatah clash in 2007--the BL today is viewed rather cynically, as "a document not worth the paper it is written on." The BL has thus come under scrutiny from numerous scholarly angles that have tried to explain why the BL has failed to reach its lofty expectations. This Article seeks to follow the process that lead to the drafting of the Palestinian BL, an angle which shows that the BL did not need much comparative or theoretical analysis to highlight the gaps it had, the actual process was leading to a certain executive concentration of powers. The history that led to the creation of the BL, however, consists of many direct and indirect factors. Combining these factors indicate that the current dilemma created by the BL during Hamas-Fatah clash was expected. Executive concentration of powers, which was strengthened by the BL, is a common phenomenon that Palestinian constitutional history experienced in the previous documents governed Palestine. It is indeed, through combining all factors sit directly in front of scholars: the Oslo Accords, other Arab State's Constitutions which affected the BL drafters' mentality, and past Palestinian Constitutional struggles. It is these factors, and imposed circumstances on the Palestinian people, that created the flaws, and ultimate failure, of the Basic Law as a constitutional document. [ABSTRACT FROM AUTHOR]

The author discusses aspects of the legislation on higher education and also focusses on teaching framework in Great Britain. He is critical of the legislation which is to be drafted by the parliament. Efforts to bring educational reforms and establishing co-operatve universities are also discussed.

The article analyzes safe harbors. Topics discussed include ways in which legal regimes' use of combinations of rules and standards resulted in creation of safe harbors; differences between safe harbors and sure shipwrecks; bright-line rules and legal standards and questions that inform how policymakers should use safe harbors and sure shipwrecks.

The article presents third reading report from Parliament of British Columbia. Topics discussed include Bill 22 makes a number of amendments to the Freedom of Information and Protection of Privacy Act; Sonia Furstenau expressed concern about the legislative drafting process, indicating that the Bill did not incorporate the recommendations of a 2016 Parliamentary Committee and Forest Amendment Act on timber harvesting rights of existing forest tenure areas.

Although legislation is at the center of legal debates on statutory interpretation, administrative law, and delegation, little is known about how legislation is actually drafted. If scholars pay any attention to Congress at all, they tend to focus on what happens after legislation is introduced, ignoring how the draft came to exist in the first place. In other words, they focus on the legislative process, not the drafting process. The result is that our account of Congress, the legislative process, and the administrative state is impoverished, and debates in statutory interpretation and administrative law are incomplete. This Article seeks to demystify important elements of the legislative drafting process. Descriptively, it provides a comprehensive typology of the origins of legislative drafts, outlining the many ways in which drafts emerge. At times, the descriptive insights are surprising: for example, when a committee drafts legislation in a bipartisan manner, it sometimes uses a "legislative notice-and-comment" process, sharing a draft publicly prior to its introduction so that stakeholders can review the draft and comment. At other times, the descriptive insights add substantial complexity to our accounts. For example, the executive often drafts legislation. This creates a principal-agent drafting problem between Congress and the Executive parallel to the principal-agent problem that emerges with delegation, but operating prior to a legislative enactment. The Article goes on to explain why members of Congress pursue different drafting processes and to explore the consequences of variety in legislative drafting for theories of statutory interpretation, for identifying reliable sources of legislative history, and for arguments about congressional delegation and judicial deference to agencies. [ABSTRACT FROM AUTHOR]

The article discusses several views about the drafting of partnership laws in places such as Texas as of 2015, and it mentions a dispute about whether to draft the partnership legislation based on the entity theory which deals with a partnership as a separate legal entity, or on the aggregate theory which deals with a partnership as an association of persons carrying on a business as co-owners. Great Britain's Partnership Act of 1890 and the U.S. Uniform Partnership Act of 1914 are examined.

Chevron, the most famous rule of administrative law, is also a central doctrine of statutory interpretation. But Chevron is understood and operates quite differently from most of the other statutory interpretation rules. This Essay explores six such divergences and how they illuminate of some the most important, unanswered questions of the statutory era. First, thirty years of Chevron highlight the enduring puzzle over the legal status of statutory interpretation methodology in general. Chevron is a "precedent;" the remaining statutory interpretation doctrines do not even rise to the status of "law." But second, Chevron's own fate is inextricably tied to these other rules, because Chevron relies on them in its famous two-step test. Critics blame Chevron's manipulability, but arguably the blame lies more with the legal indeterminacy of all of the other statutory interpretation rules upon which Chevron relies. Third, as the Chevron doctrine has evolved, it has become more attendant to the realities of how Congress drafts statutes--realities in which the Court seems wholly uninterested when it comes to the rest of statutory interpretation. Relatedly, the Court shows no shame in acknowledging Chevron's source; the Court created the doctrine. The jurisprudential status of the other interpretive rules, however, remains ambiguous, with the federal courts loathe to admit that they have fashioned a common law of statutory interpretation. Fourth, Chevron, as further developed by Mead, is the one instance in which the Court has explicitly used interpretive doctrine to influence the procedures that Congress uses. Again in contrast, across the rest of the statutory landscape, the Court has refused to enter the sausage factory, continuing to reject the idea that courts should interfere in the lawmaking process, or that how a law is made should affect its interpretation. Fifth, Chevron's evolution has blown a hole through conventional notions of statutory stare decisis, but at the same time the Court now seems afraid that it has given away too much. Today, agency statutory interpretations may displace judicial precedents but, when agencies are not in the picture, the Court hoards power: it gives its own statutory precedents "super" stare decisis effect; is stingy when it comes to interpreting congressional overrides; and won't cede any control over interpretive rules to any other branch. Finally--and this is a shared feature--both Chevron and the rest of the statutory interpretation rules rest on an outmoded, "Schoolhouse Rock!" understanding of Congress and agencies that is no more, if it ever was. Thirty years of Chevron thus reveal a statutory law--landscape in remarkable flux, and a Court making few connections between the closely linked administrative and statutory domains. [ABSTRACT FROM AUTHOR]

The article discusses the thirtieth anniversary of the U.S. Supreme Court's ruling in the 1984 case Chevron U.S.A. v. Natural Resources Defense Council which deals with American administrative law and the judicial deference that is owed to statutory interpretations by U.S. federal agencies. Legislative- and administrative-drafting theories and practices are mentioned, along with the U.S. Congress and the nation's Administrative Procedure Act (APA). Standards of review are also examined.

The article discusses the need for a legislation that would allow the U.S. Federal Trade Commission (FTC) to regulate online privacy of consumer with a Do Not Track mechanism. Topics discussed include the online behavioral tracking, the approaches of organizations for the implementation of the mechanism, and the self-regulation alternative of the advertising organization Digital Advertising Alliance (DAA).

Copyright of Cuadernos de Vivienda y Urbanismo is the property of Pontificia Universidad Javeriana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the concept of gridlock legislative procedure that is created by constitutional institution or practice which has given powers to legislative minorities. It informs about filibuster reform which is essential to protect the majority party's right to legislate drafting, aggressive action to transcend partisan divisions in the U.S. It emphasizes to focus on common law and public opinion in order to evaluate and reconstitute the electoral system in the U.S. constitution.

The article discusses Supreme Court of Canada's ruling in the 2012 case SOCAN v. Bell Canada which deals with Canadian copyright law, the fair dealing legal principle, and legal protections for excerpts of musical works. Users' rights and copyright exceptions are addressed, along with analyses of the amendments which were made to the Canadian Copyright Act in 2012. Legislative drafting and Canada's Federal Parliament are mentioned, as well as several other copyright-related legal cases.

The article focuses on the sales criterion and types of transactions and disclosure information requirement regarding the residential property under the Ordinance included in the Lands Department Consent Scheme of Hong Kong, China. It discusses the Ordinance for all first-hand residential properties named as standard preliminary agreement for sale and purchase (PASP). It informs that the Ordinance is appropriate and effective in revealing transparency between developers and buyers.

This article discusses the legitimacy of the Guatemalan constitution of 1945, as a response to the book "Constitución y Constituyentes del 45 en Guatemala," by lawyer Jorge Mario García Laguardia. The author comments on the process of the drafting of the constitution by the National Constituent Assembly and details the questions of its legitimacy.

The article offers information on New York's state budget presented by the Governor of New York, Andrew Cuomo. It explains that Governor Cuomo has launched a student loan forgiveness program for dentists which is named the Primary Care Service Corps. It also informs about the Internet System for Tracking Over-Prescribing (I-STOP) legislation which is related to prescription drug abuse issues in New York.

The article offers the insights of Sri Lankan Parliament Member Harsha de Silva on his call for major reforms to improve the debate in making laws for the country. He says that the process of enacting laws in the country where no Bill is presented to the full House or Senate unless it gets past the committees. He mentions that law in the country is made without any public discussion and he believes that the time has came for the people to join in the process.

An essay is presented on the need of providing students with material and industrial foundation through higher education. The history of technical and vocational education in public schools, related federal legislation and the current state of education system is discussed. The issues related to college matriculation, employment status in young people and the mismatch between the education and the economic and industrial requirement of the nation is also discussed.

Copyright of Iberica is the property of Asociacion Europea de Lenguas para Fines Especificos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents information on international organizations and the public law related to it. The development in research and globalization creates the need of drafting rules and standards for standardizing, regulating and controlling the functions of these organizations. The need of new principles and accountability mechanisms and its juridicity and legitimacy are focused. The Romanist and common law traditions prevailing in administrative law systems are also discussed.

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents information on disclosure by the companies in Australia. It discusses the political genesis of the legislation that prohibited disclosure of information especially the banking sector and also discusses the statutory schemes. Information on the adoption of precautions like liability control by the councils for the extension of legislation and the effect of the legislative drafts on the implication of disclosure is also presented.

The article focuses on the origin and possible solution for the drafting error in Section 43 (c)(6) of the Lanham Act. It states about the proposed amendment which promotes greater consistency in federal trademark law and increases the protection of famous marks, and also reveals the legislative history of the federal registration defense. It further states the limitation of current dilution law which is not that good in protection of famous marks.

The article focuses on the legal impacts and influence of the Convention on the Rights of the Child (CRC) on the global legal systems. It further discusses the history and drafting process of the convention, the obligations faced, its contributions to the law based on children's issue and its impact on courts including European Court of Human Rights and the U.S. Supreme Court. It also reviews the legal status of the convention.

The sovereign debt crisis has made it clear that the economic coordination within the Eurozone is insufficient. While there are a wide range suggestions about how coordination could be improved at the European level, the reality of what is actually happening reveals a different picture. The economic and political elite of the European Union resemble a "dictatorship of creditors" in which economic competitiveness has become the key theme. This article challenges the current indicators used to assess competitiveness and poses the question of whether it is not actually the instability of the financial markets that is the Eurozone's real problem. [ABSTRACT FROM AUTHOR]

The article offers tips on the proper use of trusts in estate and long-term care planning for the older people. It highlights the common pitfalls among legislators when drafting trusts for estate and long-term care planning purposes for the elderly. The authors as legislators are particular on the assumption regarding the shift from crisis planning into pre-planning due to the uncertainty of financial security and that people at the age of 60 are more likely to pre plan.

'Participation' has become a mantra and is common practice in governance. Yet only preliminary efforts have been made to examine how participatory and deliberative designs may be constrained in their effectiveness by the impacts of governance context. At the institutional level, this article examines alternative forms of political participation and the persistent barriers to participatory and deliberative approaches that are inherent in representative democracy and network governance. At the level of policy making, it highlights the practical perplexities that arise time and again in the input, throughput and output/outcome phases of running such participatory and deliberative policy projects. [ABSTRACT FROM AUTHOR]

The article examines the role of priest and philosopher Anders Chydenius in drafting the Swedish Freedom of Information Act (FOIA), which is considered as the first law governing the freedom of information in the world. A brief historical overview of the inception of the FOIA is given, along with the steps taken to put the different elements of this law into practice. It also explores the preparations made by Chydenius for the formulation of the FOIA as revealed in his memoirs, and describes how other writers including Henrik Hassel and Johan Arckenholtz understand the freedom of opinion, writing and the press.

The article discusses the comments of Article 19 or the Global Campaign for Free Expression in the Pakistan Ordinance, which provides transparency and freedom of information, in relation to the invited submission of the federal government of Pakistan. The federal government hopes that the comments will be used to produce legislation that promotes freedom of information and transparency. It states that the draft ordinance includes positive features such as the clear time frame for the release of information while its weakness includes a limited definition of public record. In addition, the Universal Declaration of Human Rights (UDHR) guarantees the right to freedom of expression and binds all states as a matter of customary international law.