Meta-Regulation of Private Standards: The Role of Regional and International Organizations in Comparison with the WTO

Yoshiko Naiki

World Trade Review, 2021, vol. 20, issue 1, 1-24

Abstract: The rise and proliferation of private standards have been recognized in international trade law, and various concerns have been raised. Existing literature analyses how the World Trade Organization (WTO), particularly the SPS (Sanitary and Phytosanitary) Committee and the TBT (Technical Barriers to Trade) Committee, have responded (or cannot respond) to the proliferation of private standards. This paper goes one step further by focusing specifically on the meta-regulatory function performed by regional and international organizations other than the WTO. This paper sheds light on three types of governance techniques that can serve as meta-regulatory activities in relation to private standards by regional and international organizations: (1) governance by delegation; (2) governance by information; and (3) governance by soft law. This paper analyses features of these governance techniques and considers the relation between these governance techniques and the WTO's approach.

Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:cup:wotrrv:v:20:y:2021:i:1:p:1-24_1

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