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  • 3 - Corporations and the Making of Public Standards in International Law

  • from Part I - Global Governance and Politics
  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp 66-82
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  • Summary

    Transnational private regulation poses distinct questions of coherence and legitimacy within the international legal order. Regretfully, international legal scholarship is not sufficiently concerned with the interplay between public and private authority in spite of the proliferation of the latter. This contribution critically studies this interaction while zooming in on the dynamics of standard-setting through two case studies: the growing need for coherence and legitimacy of global food safety standards, and the growing (security) concerns for regulatory capture in the critical standard-setting domain of international communication within the International Telecommunication Union. Focusing in particular on international trade law rules such as those applying to sanitary, phytosanitary and technical barriers to trade, but also on those at the regional level such as in the EU, the contribution studies how democratic accountability and legitimacy of transnational private rule-makers is enhanced both ex ante as well as ex post though forms of recognition.