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7 results

  • Epilogue

  • from Part V - Resilience in Technical Standardization
  • 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 343-356
    • Chapter
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  • Summary

    This chapter aims to offer certain concluding thoughts and remarks, based on the conceptual framework used and the case-studies presented throughout the book. More specifically, it critically reviews whether organisational resilience is an adequate conceptual tool to describe the modes of evolution of transnational private regulation: its birth, development, consolidation and dissolution. After reviewing certain definitional issues relating to transnational private regulation, the chapter explores the interaction between public and private authority as well as certain conceptual issues that arose from previous chapters when discussing the resilience of private rulemakers. The chapter concludes with certain directions for future research

The Evolution of Transnational Rule-Makers through Crises
  • Edited by Panagiotis Delimatsis, Stephanie Bijlmakers, M. Konrad Borowicz
  • Published online:
    27 July 2023
    Print publication:
    10 August 2023
  • In recent years transnational private regulators have emerged and multiplied. In this book, experts from various academic disciplines offer empirically grounded case studies and theoretical insights into the evolution and resilience of these bodies through crises. Transnational private regulators display considerable flexibility if compared to public institutions both in exercising their rule-making functions and adapting and transforming in light of endogenous or exogenous crises events calling for change. The contributors identify such events and reflect on their impact on transnational private rule-makers. This edited volume covers important areas of global production and finance that are associated with private rule-making and delves into procedural, substantive and practical elements of private rule-making processes. At a policy level, the book provides comparisons among practices of private bodies in various areas, allowing for important lessons to be drawn for all public and private stakeholders active in, or affected by, private and public rule-making. This title is Open Access.

  • Introduction

  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book:
    The Law and Practice of Global ICT Standardization
    Published online:
    09 February 2023
    Print publication:
    16 February 2023, pp 1-8

  • Summary

    This chapter conceptualizes technical standards and ICT standards, discussing their types and functions. It then introduces different types of standards development organization (SDOs), focusing in particular on competitive dynamics among standards developers. While discussing ICT standardization as a regime of private transnational governance, this chapter offers a theoretical background on non-State regulatory arrangements and explains how voluntary standards created in different types of SDOs may acquire a binding force. To that end, this chapter reviews the relevant scholarship in the field of global governance, transnational private regulation, and global administrative law, outlining the normative framework of this study.

  • 1 - ICT Standardization as a Normative Regime

  • from Part I - The Ecosystem of ICT Standardization
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book:
    The Law and Practice of Global ICT Standardization
    Published online:
    09 February 2023
    Print publication:
    16 February 2023, pp 11-41

  • Summary

    This chapter conceptualizes technical standards and ICT standards, discussing their types and functions. It then introduces different types of standards development organization (SDOs), focusing in particular on competitive dynamics among standards developers. While discussing ICT standardization as a regime of private transnational governance, this chapter offers a theoretical background on non-State regulatory arrangements and explains how voluntary standards created in different types of SDOs may acquire a binding force. To that end, this chapter reviews the relevant scholarship in the field of global governance, transnational private regulation, and global administrative law, outlining the normative framework of this study.

Regulating Transnational Sustainability Regimes
  • Enrico Partiti
  • Published online:
    12 May 2022
    Print publication:
    12 May 2022
  • The book studies emergence and consolidation of voluntary sustainability standards (VSS); private standards defining sustainability-related product features. The book takes stock of their success and their potential in mediating between economic and non-economic concerns of global production. Despite their private and voluntary nature, VSS generate profound consequences for the producers seeking certification, for the consumers purchasing certified products, and for others affected by their standards. VSS are used by public authorities in the EU as a functional complement to public measures regulating global value chains. At this juncture of market proliferation and public use of private regimes, this book studies how public authority can control, coordinate and review VSS. It studies how the regulation of VSS could unfold through substantive and procedural legal requirements in the domain of European Union law and World Trade Organisation law, as well as through the incentives offered by VSS employment in public measures.

  • Introduction

  • Enrico Partiti, Tilburg University, The Netherlands
  • Book:
    Regulating Transnational Sustainability Regimes
    Published online:
    12 May 2022
    Print publication:
    12 May 2022, pp 1-16

  • Summary

    The introduction presents the subject matter of the book, the structure of the volume, and the questions it attempts to answer. Among these questions, the book investigates the relation and extent of complementarity between VSS and international law rules in the social and environmental domains, as well as trade. It aims to understand the modalities of public use of VSS in market regulation, their complementarity with EU rules and their implications. The book then studies how EU internal market and WTO legal regimes can control, coordinate and review VSS. In particular it proposes a possible interpretation of EU and WTO legal rules and meta-rules, in view of addressing the trade barrier effects of VSS and to possibly scale-up their effectiveness.