Into the abyss of standard-setting : an analysis of procedural and substantive guarantees within the International Organization for Standardization (ISO)
Title: Into the abyss of standard-setting : an analysis of procedural and substantive guarantees within the International Organization for Standardization (ISO)
Author: DELIMATSIS, Panagiotis
Series/Number: EUI RSCAS; 2015/35; Global Governance Programme-170; Global Economics
Continuous innovation and a growing consumer demand for better and safer products has led to an increase of transnational technical standard-setting in recent years. The World Trade Organization (WTO) exercises a high level of deference towards international standards, requiring their use. However, practice shows that several international standards are adopted through opaque and exclusionary processes. In line with this observation, in its recent US – Tuna II ruling, the Appellate Body adopted a more critical approach regarding international standards and the processes that lead to their adoption. Against this backdrop, this paper focuses on an analysis of the properties and mechanics of international standard-setting processes within the International Organization for Standardization (ISO), discussing procedural and substantive guarantees regarding transparency, openness, deliberation and participation. As the WTO becomes the de facto arbiter of the legitimacy of international standards, much-needed institutional reform in international standard-setting is bound to occur, in line with emerging demands for a more inclusive global legal order.
Subject: International Organization for Standardization (ISO); Due process; Standard-setting processes; Technical Barriers to Trade (TBT) Agreement; TBT Committee Decision on development of international standards
Type of Access: openAccess
Files in this item
Showing items related by title, author, creator and subject.
Title:Capitalist Divergence and Labour Market Flexibility in the Czech Republic and Hungary: A Comparative Analysis of Standard and Non-Standard Employment Author(s):KEUNE, MaartenDate:2003Citation:Sociologicky Casopis-Czech Sociological Review, 2003, 39, 6, 795-813Type:ArticleAbstract:The article presents a comparative analysis of standard and non-standard employment (part-time employment, fixed-term employment, self-employment and employment without a contract) in the Czech Republic and Hungary. It ...
Title:European integration through standardization : how judicial review is breaking down the club house of private standardization bodies Author(s):VAN GESTEL, Rob; MICKLITZ, Hans-WolfgangDate:2013Citation:Common Market Law Review, 2013, Vol. 50, No. 1, pp. 145–181Type:Article
Title:Competition law and standard essential patents : oscillating between protection of patent rights and access to standards Author(s):PETROVCIC, UrškaDate:2014Citation:Florence : European University Institute, 2014Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:This thesis explores the way in which EU and U.S. antitrust rules address opportunistic conducts that emerge in the context of standard essential patents (SEPs). The analysis finds that the two systems have very different ...