Legal Drafting Research Articles

The Modal Verb ‘Shall’ in English Translations of Thai Legal Texts: The Plain Legal English Point of View

This study was designed to investigate the translation of laws from Thai into English with a focus on the use of modal ‘shall’ in the translations. As the trend of plain legal English continues to rise in the contemporary legal environment, some legal practitioners – lawyers, judges and legal drafters – have perceived that the use of the modal verb ‘shall’ (or the modal ‘shall’) may seem inappropriate and even to some extent, unclear in legal texts. Observing this phenomenon ultimately led to the formation of this study, and in following this line of argument, the research focuses on the extent to which the modal ‘shall’ is used by translators in the English translated versions of Thai laws, thus raising the research question: in which circumstances and to what extent do translators use the modal ‘shall’ in law translations from Thai into English? The study mainly adopted the concept of translation equivalence, focusing on the source-text and target-text clauses and sentences of the legal language, as an overall theoretical framework. The concept helps to indicate the extent to which the modal ‘shall’ is used in the English translations. As for the data, a total of 17 Thai laws (published by the Office of Council of the State of Thailand) and their corresponding translations were collected and used. The clauses where the modal ‘shall’ is used were then sorted out to create a parallel corpus for the analysis. The findings show that the modal ‘shall’ represents multifaceted denotative meanings of the verb in the Thai-source texts – referring to 1) obligation; 2) declaration of facts; and 3) futurity in Thai laws – which interestingly, deviate from the plain legal English movement. From the perspective of plain legal English, the modal ‘shall’ is only used to serve the language of obligation, often referring to a situation where ‘someone has a duty to do something’.

Language and style of a legal act: analysis of the Law of Ukraine «On lawmaking»

The article examines the peculiarities of language and style of a legal act in the context of studying Article 35 of the Law of Ukraine «On Lawmaking». It is determined that compliance by public authorities and local self-government bodies with the basic requirements for drafting and adopting regulatory legal acts is an integral part of an effective law- making process in Ukraine. In our opinion, the requirements to the language and style of a legal act are also important, since lawyers-drafters should have additional knowledge in this area, in particular, the linguistic features of writing legal norms. The author`s conclude that the issue of language aspects of legal drafting is relevant because the use of clearly defined and prescribed legal terms not only avoids ambiguity and different understandings, but also ensures the accuracy and unambiguity of the law’s interpretation. Therefore, a law should be written in a language that is understandable to everyone, but it should also use legal terminology to avoid misunderstandings and misinterpretations. It is noted that the Law of Ukraine «On Lawmaking» in Article 35 defines the basic rules of text presentation and peculiarities of the style of a legal act. However, for lawyers, the linguistic aspects of writing a legal provision are not always clear, so it is necessary to analyse in more detail the requirements of the law regarding the language of a legal document and to highlight the general principles of using terms and linguistic rules in the legal sphere. The author`s identify problems in the implementation of the provisions of Article 34 of the Law, in particular: 1) the lack of developed and adopted standards of Ukrainian legal terminology, which creates difficulties in the construction of legal norms; 2) the absence of a separate linguistic department which would deal with proofreading of draft legal documents, both in the Verkhovna Rada of Ukraine and in other state and non-state structures; 3) the absence of a Unified Glossary of Legal Terms, which also affects terminological consistency in the drafting of a legal document.

К вопросу о применении юридической техники в отечественном законодательстве

This scientific article examines the application of legal drafting techniques in domestic legislation. The study includes a literature review, identification of key methods and techniques of legal drafting, and emphasizes the importance of studying these fundamentals in higher education institutions to prepare students for practice-oriented professional activities. In addition, the article presents the results of a survey conducted among university students, focusing on the challenges related to gaining experience in drafting legal documents or normative legal acts during their studies. It is noted that the study of legal drafting techniques in universities can enhance the quality of education and prepare highly qualified personnel for activities related to the writing of legal documents and legislative texts. The work is of practical importance for educational institutions of higher education and specialists in the field of law and pedagogy.

Net Zero and Natural Resources Law: Sovereignty, Security and Solidarity in the Clean Energy Transition (Oxford University Press, 2024)

The IBA’s Section on Energy, Environment, Natural Resources and Infrastructure Law is advised by the Academic Advisory Group (AAG), a group of leading academics from around the world. Every two years, the AAG publishes a book about a key topic of interest to the entire Section. This year’s book focuses on the legal issues involved with the clean energy transition. In response to the climate emergency, several countries, corporations and other actors worldwide have announced programmes aimed at reducing global emissions of greenhouse gases that contribute to climate change to net zero by the year 2060 or earlier. While the need for a clean energy transition is clear, incoherently designed transition programmes could produce complex environmental, social and governance risks, including legal liability and protracted disputes. At the same time, the growing rush for minerals needed to manufacture clean energy technologies raises fundamental questions. Most crucial is how to ensure the exploration and development of energy transition minerals in a manner that does not exacerbate resource conflicts, resource nationalism, human rights violations, protectionism, energy insecurity, social exclusions and inequity, especially in conflict-affected and high-risk regions. These scenarios raise the need for net-zero and climate-aligned natural resource contracts, legislation and investment agreements to drive a just and inclusive energy transition. With presentations from some of the expert contributors to the latest AAG book, Net Zero and Natural Resources Law, this panel session reflected upon innovative legal drafting, contract negotiation and policymaking approaches needed to address the wide range of resource sovereignty, security and solidarity questions posed by the net zero transition.

GENDERED LANGUAGE IN THE CONSTITUTION OF NIGERIA – REPHRASING TO ACHIEVE GENDER NEUTRAL DRAFTING

The use of words to portray gender and therefore apportion benefits or disadvantages is true in both verbal and written communication. This is even truer in legislative drafting, as the use of gendered language may depict a more serious problem of sexism, discrimination and paternalism in the society. Using the doctrinal approach, this paper examined gendered language in the Constitution of the Federal Republic of Nigeria 1999 relating to the qualification and appointment of judicial officers, to analyse the effect of such gendered language on the interpretation of the constitution and the likelihood of the female gender suffering disadvantage thereby. The paper found that the gendered language used in the 1999 constitution of Nigeria in the qualification and appointment of judicial officers, is gender insensitive, ambiguous and capable of excluding the female gender from consideration for appointment to such offices. It also found that the gendered language in the relevant constitutional provisions exhibit masculinity and does not promote the required gender equality in a legal draft. The paper recommended amendment to reconstruct the language of the constitution to achieve gender neutrality.

Thinking Outside of The Box! It Is High Time - Riddance of Archaic Methodology

The overarching objective of this opinion piece is endlessly learning and adjusting to the challenges of the modern academic world. These observations and reflections are based on first-hand experience teaching three courses: civil procedure, the law of evidence, and legal drafting. Throughout the semester, there was extensive interaction with the students - thrice a week for approximately 3 hours each class. This opinion underscores the importance of thinking outside the box and strictly adhering to the rules, regulations, and university policies in its letter and spirit across the board, whether it pertains to student attendance, assignments, projects, or grading. Also, the opinion touches on the demerits of archaic teaching and offers few recommendations for fixing it.The semester has flown away in a blink of an eye. It seems like yesterday flying from New York to Islamabad. My enthusiasm peaked and was entirely driven by the desire to give back to my birth country by teaching law as taught in the United States of America – specifically, to those who would never have a chance to go abroad for studies. The underlying desire had been and will always be - to share my approximately forty (40) years of experience, knowledge, and daily breathing in the life of law in the world's litigious society – the United States of America. In April 2023, Dr. Asif Khan, NUST head of the law department, came to Washington, DC. We both were judging the JESSUP Competition. We discussed the idea of my teaching Civil Procedures, Evidence, and Legal Drafting for the fall semester of 2023. Despite fierce opposition from family and close friends, I agreed to the proposal. I started preparing the coursework/syllabus and everything needed for the semester.

Large language models in cryptocurrency securities cases: can a GPT model meaningfully assist lawyers?

AbstractLarge Language Models (LLMs) could be a useful tool for lawyers. However, empirical research on their effectiveness in conducting legal tasks is scant. We study securities cases involving cryptocurrencies as one of numerous contexts where AI could support the legal process, studying GPT-3.5’s legal reasoning and ChatGPT’s legal drafting capabilities. We examine whether a) GPT-3.5 can accurately determine which laws are potentially being violated from a fact pattern, and b) whether there is a difference in juror decision-making based on complaints written by a lawyer compared to ChatGPT. We feed fact patterns from real-life cases to GPT-3.5 and evaluate its ability to determine correct potential violations from the scenario and exclude spurious violations. Second, we had mock jurors assess complaints written by ChatGPT and lawyers. GPT-3.5’s legal reasoning skills proved weak, though we expect improvement in future models, particularly given the violations it suggested tended to be correct (it merely missed additional, correct violations). ChatGPT performed better at legal drafting, and jurors’ decisions were not statistically significantly associated with the author of the document upon which they based their decisions. Because GPT-3.5 cannot satisfactorily conduct legal reasoning tasks, it would be unlikely to be able to help lawyers in a meaningful way at this stage. However, ChatGPT’s drafting skills (though, perhaps, still inferior to lawyers) could assist lawyers in providing legal services. Our research is the first to systematically study an LLM’s legal drafting and reasoning capabilities in litigation, as well as in securities law and cryptocurrency-related misconduct.

INTERMUNICIPAL COOPERATION AND DEVELOPMENT OF COMMUNITIES IN THE POST-WAR PERIOD

The article is devoted to the problems of inter-municipal cooperation, practical foreign experience of administrative-territorial reform. The experience of European countries shows that local self-government bodies are endowed with broad powers in the field of spatial development. The aspect of the delegation of powers of European countries, the peculiarities of the functioning of the municipalities of France, the Netherlands, and the communes of Spain are considered. Attention is paid to the statistics of concluded agreements between communities from 2016 to 2023, the issue of concluding cooperation agreements is highlighted. The author examines the financial capacity of communities in the economic crisis, taking into account the changes to the Budget Code of Ukraine regarding the creation of the Rural Development Fund. Advantages for communities that participate in cooperation due to pooling of resources and delegation of authority are analyzed. The main risks that stand in the way of fruitful cooperation are identified: the insufficient level of competence of the heads of territorial communities; low legal education of representatives of local self-government bodies, which in turn is an obstacle when choosing a form of cooperation and legal drafting of agreements; budget conflicts of communities, which thereby create unreliable conditions for more capable communities when pooling resources with less capable communities. An assessment of the potential of community cooperation, indicators related to security issues, and an increase in the population share due to the influx of temporarily displaced persons during the war period was provided. Based on the best domestic and foreign practices, recommendations for communities were formed, which will be useful for further inter-municipal cooperation.

Implementation of EU Regulations in Czechia

Abstract Implementation of EU regulations requires many changes in the Czech legal order. It is often necessary to repeal incompatible national provisions, provide for new penalties and provisions on competence of national institutions, or set up a new system only sketched by the EU regulations. Further, the implementation in Czechia has to match with the other parts of the Czech legal order to be effective. And it must comply with the Czech constitutional imperatives and legal drafting rules which follow from the principle of legal certainty and a rule of law. The main problem appears with European Parliament and Council regulations which establish only very general rules. Also, too many delegated and implementing regulations of the Commission are causing problems, specially when they have short implementation deadlines and change quickly. The article therefore contains examples of loopholes, presents methods to deal with them and sketches paths to be taken in the future.

Proper Legal Drafting of Arbitration Clauses

Objective: This article analyses the main and necessary features on drafting an arbitration clause properly. Thus, the article identifies and debates the major points that shall be considered in drafting arbitration clauses, namely, ambiguity of drafting, scope of arbitration, institutional or ad hoc arbitration, international or domestic arbitration, choosing the place and seat of arbitration, choosing arbitrators, language of arbitration, and reconciliation before entering into arbitration. This article does not contest that we shall have a uniform or standard template for arbitration clauses. Rather, it only provides guidance for drafting a proper and legal arbitration clause. Theoretical framework: Arbitral disputes arise when there is a written arbitration clause that leads to arbitration instead of litigation. Such clauses shall be drafted properly and legally, where if such drafting is not proper and legal, the arbitration clause will not be applicable, and in consequence, it shall be considered null and void. Method: The method used in this research is practical legal research including statutory and comparative approaches. Results: The results of this study explain that the drafters of arbitration clauses shall be cautious and knowledgeable in their writing given the significance of the arbitration clause's terms. Conclusions: The conclusion of this study is that there is no universal arbitration clause that can be followed, but there are several critical provisions in an arbitration clause that can help parties to avoid spending time and money on the arbitration proceeding. Thus, arbitration clauses shall be drafted properly and carefully.

Democracy Assistance to Global South: A Case Study of Konrad-Adenauer Stiftung (KAS) Freedom Agenda in Indonesia

This paper aims to investigate and analyze the democracy promotion carried out by Konrad-Adanauer Stiftung (KAS) in Indonesia. Our provisional findings on the case show that the hegemony of the North over the South is also perpetuated through political and economic assistance. Through the German political foundation of KAS, Germany seeks to foster a Western "better democracy" in Indonesia through several programs in collaboration with local actors. These "Freedom Agenda '' include training for civil apparatus and legal drafting training for national legislation. The Freedom Agenda carried out by KAS in Indonesia is associated with Germany's pursuit of democracy promotion policy. This study utilizes Neo-Gramscian Approach by Coxian Critical Theory (CCT) to investigate the role of KAS in maintaining the hegemonic order of Western Democracy in Indonesia through Cox's historical structure. By using library research, this study seeks to explain the reciprocal relationship between Cox's social forces in hegemony structure of Western democracy.Keywords: Konrad Adenauer Stiftung; democracy promotion; hegemony; social forces

Modernisation of Islamic Family Law in Indonesia (Analysis of Counter Legal Draft- Compilation of Islamic Law in Inheritance Law)

This article explains the construction of inheritance law built by the Counter Legal Draft-Compilation of Islamic Law (CLD-KHI) and how it is relevant to the challenges and agenda of reforming Islamic family law in Indonesia in the future. For data collection, a literature review in the form of primary, secondary and tertiary legal materials is used. The specification of this research is descriptive analytical, which aims to provide a description carried out using qualitative methods from legal theories and legal doctrines as well as the opinions of Islamic law experts. It can be concluded that the concepts and ideas of CLD-KHI thinking in inheritance law have the spirit of legal liberalisation. The method used is to capture the spirit of a Qur'anic text or prophet's hadith so as to obtain the universal message of the text, namely the public good and the purpose of the sharia, not the literal meaning contained in the text of the verse. So it is very natural that since its inception in 2004 until now, the ideas and thoughts of CLD-KHI have not only caused prolonged polemics, but also tremendous rejection from various groups.

A Comparative Investigation of Gender Terminology in the Egyptian and Tunisian Constitutions

Gendered language is becoming a matter of serious concern for legal drafters and policymakers because 'it is always changing as societal views change' (The University of Calgary: Office of diversity, equity and protected disclosure 2017:1). Many western countries have made considerable progress towards using inclusive legal language. However, inclusive language is not implemented in other parts of the World; the Arab World is no exception. This may be due to the violation of language rules, the decline of language, and the lack of enough evidence that changing the language will change society (Brown in ABA J, 2019) and (Brown in ABA J: 24–26, 2018). In this paper, I explore the challenging socio-cultural and linguistic factors that may hinder the implementation of gender-inclusive language in Arabic and explain the current situation in two current constitutions of Egypt and Tunisia in particular. The main aim of this paper is to conduct a comparative analysis of terminology representing gender in the Egyptian (2014, amended 2019) and Tunisian (2014) Arabic-English Constitutions using corpus-based tools. The analysis shows inconsistent attempts at a more inclusive source text through using neutral terms and adding inclusive pre-modifiers to these terms. It also shows inconsistent translation of gender-specific terminology and pronominal references. Both constitutions explicitly stress the ‘eradication of violence against women’ and express parity between ‘women’ and ‘men’ in terms of ‘equal rights’ and ‘appropriate political representation’ (e.g. in the Egyptian House of Representatives (28%) and the Tunisian Assembly of People’s Representatives (26%)) (International Institute of Democracy and Electoral Assistance, IDEA 2021). Although these percentages are not far away from the representation of women in European countries such as the United Kingdom (35%) (International Institute of Democracy and Electoral Assistance, IDEA 2021), it is the reality of women’s actual roles, change they initiate and their impact in the society that counts.

Sharia Compliance and Economic Efficiency in Minangkabau Traditional Sharecropping

Islamic financing contracts currently marketed in Indonesia use Arabic terminology that might sound strange to many Indonesian Muslims. Even though these financing contracts comply with the sharia components, they may be inefficient in the context of local wisdom. This paper identifies traditional contracts that are potentially modified to become sharia compliance. We analyzed the traditionally practiced business contracts of sharecropping in Minangkabau West Sumatra and tested whether the contracts fulfilled sharia compliance and economic efficiency. We interviewed seventy practicing sharecroppers and fourteen local leaders and clerks to seek their perceptions about two types of Minangkabau traditional contracts of paduo and patigo, regarding economic efficiency, fairness, and sharia compliance. We found that the respondents in general believed that the practiced sharecropping contracts fulfilled most of the sharia requirements. However, the need for the written agreement, presence of witnesses, and definite duration were unsatisfactory to avoid gharar. The majority of respondents believed that the contracts were fair but inefficient. Modification of contracts in terms of proper legal drafting, presence of witnesses, and finite duration is necessary. The modified contracts will be beneficial to support the emergence of formal Islamic financial institutions which are culturally compatible.

Hukum Islam Dan HAM: Tinjauan Hukum Poligami dan Kesetaraan Hak dalam Perkawinan

The Declaration of Human Rights (HAM) in 1948 by the General Assembly of the United Nations (UN) has become a reference for the international community and has influenced aspects of international law. However, the interpretation of human rights and their implementation within the national scope often clashes with local culture and laws. As Islamic law is codified in various Muslim countries which are also part of the United Nations. Is there a conflict between International Human Rights Law and Islamic Law then what is the solution, also how is the harmonization between Islamic Law and Human Rights regarding the permissibility of the practice of polygamy which violates the Principle of Equality is a question that must be answered thoroughly from the perspective of both. The dialogical approach finds answers that are very relevant, through the rule of "Mashlahah", Islamic law and international human rights can dialogue in order to reach a common understanding in order to realize human rights in the Muslim world. By utilizing women's legal rights, namely "ta'liq al-thalaq and tafwidh al-thalaq" or the marriage agreement in the marriage contract not to be polygamous, the practice of polygamy becomes everyone's "free choice". In the Indonesian context, it is regulated in Law no. 1 of 1974 concerning Marriage Chapter V Article 29, and Compilation of Islamic Law (KHI) Chapter VII Articles 45-52. The marriage agreement is also listed in the Counter Legal Draft Chapter V Articles 21 and 22. This is in accordance with Islamic Law and also fulfills the obligations of Muslim countries to guarantee equal rights in marriage.

On the scientific scope of the “legal drafting” concept

The article attempts to define the content of “legal drafting”, as well as its place and role in the categorical apparatus of the theory of law. It investigates the main scientific approaches to the definition of the concept and classification of types of legal documents technology. The paper determines its axiological significance through a functional methodological approach, the impact on the effectiveness of legal regulation, as well as the place and role in the categorical apparatus of the theory of law. The findings of the research show that the terminological feature of the concept of “legal drafting” is described through a number of aspects. First of all, this term performs the function of a “framework concept” and is often subjected to erroneous idealization. At the same time, the term “legal drafting” has a polysemantic character and, therefore, enjoys a poly conceptual scientific maintenance; basically, it refers to the instrumental part of legal activity. The research concludes that the legal drafting technique occupies a special place in the categorical system, which is primarily due to the difference in approaches to its interpretation, and the large volume of its content.

The reception of OHADA law in anglophone Cameroon: appraisal and proposals

Abstract This article assesses the extent to which the law under the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA) has been received in anglophone Cameroon after 26 years of existence, with specific focus on the Fako judicial division.1 With regard to the tenets of qualitative research, it is observed that, from the viewpoint of the legal reception technique, it is indisputable that OHADA law has been infused into the English-speaking legal system in Cameroon through legal techniques of transposition. Through the use of interviews and questionnaires as our research tools, it is revealed that this reception remains limited because most judicial actors still find it difficult to implement legislation that they have not yet mastered. Linguistic issues and the difficulties faced in accessing the Common Court of Justice and Arbitration based in Ivory Coast in Abidjan on OHADA-related matters are serious obstacles to its effective implementation. This situation has been worsened by the poor articulation of clichés that tend to radically oppose OHADA law compared to common law principles. This article tries to deconstruct the ideas received as it shows some of the similarities in the substantive law under the two systems and consequently advocates on this basis the idea that efforts be made to familiarize common law jurists with the content of OHADA law. The article recommends that linguistic issues be tackled by OHADA lawmakers right from the stage of legal drafting by using drafting techniques that will reduce the feeling that the common law is being neglected. For uniform acts yet to be translated, the translation process should associate experts in comparative law to enable the use of appropriate legal language in translation from French into English. Only such efforts will entice the common law African countries that are still hesitating to join OHADA law and, by so doing, will render investment in Africa more attractive.

Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury?

Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented.
 Keywords: legal drafting, definitions, improvement of law, legal security.

JOB CREATION LAW: HEALTHY INVESTMENT CLIMATE OR INJURED CLIMATE COMMITMENT?

To overcome the problem of overlapping regulations and complexities of investment in Indonesia, on 5th October 2020, the Jokowi government passed Law Number 11 of 2020 concerning Job Creation (“Job Creation Law”), which is still a controversy to this day. This law has drawn broad criticism, particularly regarding the formal law-making and its problematic substances. Critics argue the legal drafting process is not in accordance with the characteristic of good law making aspired by the 1945 Constitution and Law Number 12 Year 2011 concerning the Establishment of Legislation (“Establishment of Legislation Law”). Noting that the academic text of this law does not address the importance of protecting forests and the environment, but only focuses on increasing economic development and investment. The public is faced with a dilemma of trust whether there is a trade between economic growth and environmental sustainability that is hidden by the government. The pro-deforestation articles in this law generate fundamental changes in the framework of protecting Indonesia's environment which it is feared could open the door to massive deforestation and have a global impact on violating Indonesia's climate commitment under Paris Agreement. Through this writing, the author questions the consistency of the Indonesian government in carrying out its climate commitments to prevent future deforestation. The authors will identify weakening instruments for environmental protection and forest management under the Job Creation Law as well as their impact to environmental protection efforts and Indonesia's future climate commitments. At the end of this study, the author found that due to weakening of forest and environmental protection instruments, Indonesia risks failing to meet its climate commitments targeted in the first Nationally Determined Contribution (NDC) to reduce deforestation to below 3.25 million hectares by 2030 or a maximum of 325,000 hectares / year during 2020 to 2030 either on their own or with international assistance.

REPEATED TAX AMNESTY DECONSTRUCTION IN FULFILLING JUSTICE ACCORDING TO ACCOUNTING

Research Purposes. This study aims to explain the process of deconstructing justice in the recurring tax amnesty policy as economic events that are recorded and reported using accounting so that justice according to accounting is accommodated in it. Research MethodsThis study uses a qualitative approach in which the researcher adopts a poststructuralist paradigm, especially Derrida's deconstruction. Research Results and Findings. The practice of deconstructing justice can be seen clearly in discussions on the legal plan at the government level, debates on the legal draft, ratification of laws, judicial review, adoption of accounting standards for assets, attempts by taxpayers to file objections and post-implementation monitoring goals recurring tax amnesty. The accountant also accommodates all of these deconstruction processes and is involved in them, thereby strengthening the concept of justice according to accounting. This study provides a theoretical and practical description of the deconstruction process of universal justice and justice according to accounting in the recurrent tax amnesty policy.