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

The paper undertakes a conceptual analysis of the ‘efficacy’ and ‘efficiency’ dichotomy and 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 a methodology can be apt only in certain vocations could be overcome if it is carried out as an integral part of a wider efficacy analysis of laws. To successfully carry out an assessment of any normative order, the clear identification of the reference standards or criteria upon which the effectiveness or the efficiency can be determined is a sine qua non. The paper delves on the potential reference standards, which could emanate from either legal or non-legal sources. Using the human rights normative order in Europe, the paper identifies the utility of regional legal norms in serving as the source of reference standards in determining the efficacy or efficiency of the domestic laws of the member states. The paper demonstrates how the European jurisprudence has sought to read the obligation of ‘efficient’ conduct of trails as part of the broader obligation to provide an ‘effective’ remedy. In the absence of binding legal references, how the relevant assessment of norms could be carried out is examined finally. Firstly, the issue is examined in the context of economic analysis of law and then the question is raised in the context of promoting the greater bay area regional cooperation in southern China. Specific challenges in achieving efficacy and efficiency in norms governing cybersecurity from the perspective of promoting the greater bay regional economic cooperation are identified. The paper concludes with the identification of some potential reference standards that could be of utility in assessing and improving the norms governing cybersecurity in the three involved jurisdictions.