In an effort to reduce transaction costs resulting from regulatory diversity, health and environmental harmonized standards have been mushrooming. The run of the mill process at the ISO (International Organization of Standardization) and other SDOs (Standard-Development Organizations) involves private actors participating in their adoption. These actors sometimes do, and sometimes do not have (intense) links to the governmental function.
De facto however, they are integrated in policy-making, as standards developed in recognized SDOs (in the realm of health and environment) are binding on 166 (trading) nations that are members of the WTO (World Trade Organization). Increasingly, references to SDO-standards are made in FTAs (free-trade areas).
Either de jure (for the 166 WTO members) or de facto (for the few outsiders wishing to trade with the WTO members), compliance with similar standards has become the norm worldwide. In this course, we will ask questions regarding the legal validity but also the political economy of the standardization process, as well as the institutional consequences of standardization in the realm of litigation in the WTO (and/or within FTAs).
We will be discussing, inter alia:
The relevance of standards
The nature and quality of the regulatory process
Developing countries and the standardization process
De facto however, they are integrated in policy-making, as standards developed in recognized SDOs (in the realm of health and environment) are binding on 166 (trading) nations that are members of the WTO (World Trade Organization). Increasingly, references to SDO-standards are made in FTAs (free-trade areas).
Either de jure (for the 166 WTO members) or de facto (for the few outsiders wishing to trade with the WTO members), compliance with similar standards has become the norm worldwide. In this course, we will ask questions regarding the legal validity but also the political economy of the standardization process, as well as the institutional consequences of standardization in the realm of litigation in the WTO (and/or within FTAs).
We will be discussing, inter alia:
The relevance of standards
- Why do nations follow international standards?
- How is conformity with standards ensured?
- What is the role of expertise in the realm of adjudication?
The nature and quality of the regulatory process
- Have governments outsourced regulatory authority to the private sector?
- What is the insurance policy against socially nefarious interventions?
Developing countries and the standardization process
- Are they active participants?
- Can they live up to the standards adopted?
