EFFICACY AND EFFICIENCY OF LAWS: SOME THOUGHTS ON THE
CONCEPTUAL UNDERPINNINGS AND ASSESSING CYBERSECURITY
LAWS IN THE GREATER BAY AREA ECONOMIC REGION OF
SOUTHERN CHINA Cover Image

EFFICACY AND EFFICIENCY OF LAWS: SOME THOUGHTS ON THE CONCEPTUAL UNDERPINNINGS AND ASSESSING CYBERSECURITY LAWS IN THE GREATER BAY AREA ECONOMIC REGION OF SOUTHERN CHINA
EFFICACY AND EFFICIENCY OF LAWS: SOME THOUGHTS ON THE CONCEPTUAL UNDERPINNINGS AND ASSESSING CYBERSECURITY LAWS IN THE GREATER BAY AREA ECONOMIC REGION OF SOUTHERN CHINA

Author(s): Muruga P. Ramaswamy
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: efficiency; efficacy; norms; assessment; cyber-security; Greater Bay Area;

Summary/Abstract: The paper undertakes a conceptual analysis of the ‘efficacy’ and ‘efficiency’ dichotomyand argues that the latter should form an important component in the assessment of the former.Although an efficiency analysis of laws can stand its ground, the potential arguments that such amethodology can be apt only in certain vocations could be overcome if it is carried out as anintegral part of a wider efficacy analysis of laws. To successfully carry out an assessment of anynormative order, the clear identification of the reference standards or criteria upon which theeffectiveness or the efficiency can be determined is a sine qua non. The paper delves on thepotential reference standards, which could emanate from either legal or non-legal sources. Usingthe human rights normative order in Europe, the paper identifies the utility of regional legalnorms in serving as the source of reference standards in determining the efficacy or efficiency ofthe domestic laws of the member states. The paper demonstrates how the European jurisprudencehas sought to read the obligation of ‘efficient’ conduct of trails as part of the broader obligationto provide an ‘effective’ remedy. In the absence of binding legal references, how the relevantassessment of norms could be carried out is examined finally. Firstly, the issue is examined inthe context of economic analysis of law and then the question is raised in the context of promotingthe greater bay area regional cooperation in southern China. Specific challenges in achievingefficacy and efficiency in norms governing cybersecurity from the perspective of promoting thegreater bay regional economic cooperation are identified. The paper concludes with theidentification of some potential reference standards that could be of utility in assessing andimproving the norms governing cybersecurity in the three involved jurisdictions.

  • Issue Year: 1/2020
  • Issue No: 1
  • Page Range: 163-175
  • Page Count: 12
  • Language: English