But General Biazon questioned draft provisions that an American commander could take "unilateral action" when Philippine forces were "not able" or "unwilling" to "adequately remove the threat".
Suggested draft provisions envision this task being taken on by patent offices, research institutions, scientific journals, and authorities vetting the marketing of natural products.
Its draft provisions to alter the National Science Foundation's (NSF's) peer-review process and restrict funding for social science research elicited howls of protests from the community (also here), and Smith has said repeatedly that he welcomes constructive criticism.
The main legal issue with ouster clauses is whether it is in fact possible to exclude the jurisdiction of the courts by the use of carefully drafted provisions.
(And in March, it used that assessment as a basis for criticizing Facebook and Twitter especially for not doing enough to promptly remove illegal hate speech — and also introduced a draft provision to legislate for fines of up to €50M).
When Louisiana's Board of Elementary and Secondary Education adopted a policy about what types of supplementary classroom materials will, and will not, be allowable under the new law, a draft provision that "materials that teach creationism or intelligent design... shall be prohibited from use in science class" was deleted (Rosenau 2009).
Last month, rights groups helped defeat a draft provision in a U.S. Senate appropriations bill that would have obligated Internet companies and other electronic communication services to report undefined "terrorist activity," a term that, by not being defined, risks overbroad compliance.
It is conceived as a tool for drafting legal provisions concerning assistance to and the protection of child victims and witnesses of crime, particularly within the justice process.
Fortunately, the hard work in drafting this provision has already been done.
Many of the original draft's provisions have been heavily watered down, according to a source close to the process.
