Contemporary Issue on Law - Making

As the problems and needs of the community evolve the legal system needs to design a system of continuous law - making. On one hand, a continuous upgrading of existing laws is necessary, and on the other, laws need to be designed for new areas that were previously ungoverned. Just the formation of these laws is not enough but ensuring precision in the law has become of importance to authorities. Law - making has faced numerous problems as designing safe and widely applicable laws has become a challenge. Establishing procedures for modification of existing laws, involving the community rather than just the state in the law - making process, and ensuring that terms used in the law are interpreted as one by all are some of the issues the law - making process has been facing. This paper is a discussion of one such issue – Communication of the Law.

Issue: Communicating the Law

When applying a law to more than one jurisdiction, authorities have started identifying that communication barriers exist. The interpretation of the terms used in one are might be quite different from the interpretation derived in another leading to a conflict. Despite a general language of international law there seem to be conflicts in its interpretations in different areas. Just the clarification of these language differences takes up a huge time of the jury at all levels and is also a source of potential loopholes for the law breakers. An example of such difficulties arises in the area of trade regulations, where trade agreements require certain countries to base their local law on the international standards whereby, differences in local and international interpretations of the law result in confusions and conflicts. When China made a commitment to liberalize trade in ‘sound recording distribution services’ it did not foresee electronic means of distribution and when ruled against the Chinese government was disappointed to have to increase its commitments with temporal variations in language.

Conclusion

Law - making, therefore, cannot be seen as a one stop shop, but is rather a process of continuous communication as different actors involved in the implementation of the law need to act as one. When the law is international in nature the number of actors involved increases manifold and ensuring that each one is on the same page becomes a challenge. The application of the laws is seen to be one means of giving a meaning to the words used to impose the law; however, varying traditions and norms play a major role in giving shape to the words being used. This multiplicity in meanings can cause problems to uncontrollable ends, and so a common platform needs to be designed where all actors of the law unite in the interpretation and application of law so as to make law an objective element rather than a subjective one.

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