Outcomes-based vs Compliance-based Regulation: Going Beyond Box-checking

CLE: 1 hours of ethics credit (no zoom)

Miriam Goldby, Professor of Shipping, Insurance and Commercial Law, Queen Mary University of London School of Law (also a Fulbright Visiting Scholar at the University of Texas)

The Lecture will engage with the notion of outcomes-based regulation, contrasting it with compliance-based (“box-checking”) regulation, and comparing it with Justice Strong’s outcomes-based approach to the interpretation of legal texts including the Constitution. She will focus on an example of outcomes-based regulation found in the United Nations Commission on International Trade Law (UNCITRAL)’s Model Laws and Conventions in the field of Electronic Commerce. Although these are instruments of private law, they contain a requirement that the methods used to transact electronically in accordance with them be “reliable”. Professor Goldby will consider where this reliability requirement originates, why it is in the nature of an outcomes-based regulatory requirement, and why it has been greeted with some consternation by businesses across the globe. She will use this requirement to illustrate what may be some of the potential benefits of outcomes-based regulation.

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Host or Publisher Widener University Commonwealth Law School