Disciplining standard-setting: Which approach to choose (if any)?

Olia Kanevskaia

    Research output: Chapter in Book/Report/Conference proceedingConference contributionScientificpeer-review

    Abstract

    In the world of continuous globalization, standards play a crucial role in transnational economic development. Being the drivers of harmonization and innovation, standards do not only facilitate production and exchange in goods and services, but also carry significant policy implications and create value for society. Against this background, the processes of standards development deserve special attention. The interests of various actors, together with a sheer abundance of standards development fora and a scarce knowledge and understanding of their procedures, renders standard-setting a rather unexplored area in legal scholarship, especially when it comes to the field of ICT and telecommunications. This paper seeks to take a first step into procedural analysis of international standard-setting by shedding light on the concept of ‘due process’ applicable to the formulation and adoption of standards within formal Standards Development Organizations and informal consortia. It attempts to examine different approaches to due process, namely those adopted by WTO law, competition law and global administrative law. This paper suggests that, whereas the first two approaches strive to ensure that standards do not constitute unnecessary trade barriers and that standardization activities do not become a vehicle of collusion, global administrative law also addresses the governance of standard-setting groups and organizations and thence offers a more holistic approach to international standardization, but lacks enforce-ability; it further questions whether increased procedural scrutiny will be able to adequately respond to the challenges of modern standardization, or whether a different approach is desirable.
    Original languageEnglish
    Title of host publicationEURAS Proceedings 2017
    EditorsKai Jacobs, Knut Blind
    PagesT97-T116
    Publication statusPublished - Jun 2017
    Event22nd EURAS Conference ‘Digitalisation: Challenge and Opportunity for Standardisation’ -
    Duration: 28 Jun 201730 Jun 2017

    Conference

    Conference22nd EURAS Conference ‘Digitalisation: Challenge and Opportunity for Standardisation’
    Period28/06/1730/06/17

    Fingerprint

    administrative law
    trade barrier
    Law
    holistic approach
    harmonization
    WTO
    telecommunication
    driver
    globalization
    governance
    innovation
    lack
    ability
    economics
    Values
    Group
    Society

    Cite this

    Kanevskaia, O. (2017). Disciplining standard-setting: Which approach to choose (if any)? In K. Jacobs, & K. Blind (Eds.), EURAS Proceedings 2017 (pp. T97-T116)
    Kanevskaia, Olia. / Disciplining standard-setting : Which approach to choose (if any)?. EURAS Proceedings 2017. editor / Kai Jacobs ; Knut Blind. 2017. pp. T97-T116
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    title = "Disciplining standard-setting: Which approach to choose (if any)?",
    abstract = "In the world of continuous globalization, standards play a crucial role in transnational economic development. Being the drivers of harmonization and innovation, standards do not only facilitate production and exchange in goods and services, but also carry significant policy implications and create value for society. Against this background, the processes of standards development deserve special attention. The interests of various actors, together with a sheer abundance of standards development fora and a scarce knowledge and understanding of their procedures, renders standard-setting a rather unexplored area in legal scholarship, especially when it comes to the field of ICT and telecommunications. This paper seeks to take a first step into procedural analysis of international standard-setting by shedding light on the concept of ‘due process’ applicable to the formulation and adoption of standards within formal Standards Development Organizations and informal consortia. It attempts to examine different approaches to due process, namely those adopted by WTO law, competition law and global administrative law. This paper suggests that, whereas the first two approaches strive to ensure that standards do not constitute unnecessary trade barriers and that standardization activities do not become a vehicle of collusion, global administrative law also addresses the governance of standard-setting groups and organizations and thence offers a more holistic approach to international standardization, but lacks enforce-ability; it further questions whether increased procedural scrutiny will be able to adequately respond to the challenges of modern standardization, or whether a different approach is desirable.",
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    Kanevskaia, O 2017, Disciplining standard-setting: Which approach to choose (if any)? in K Jacobs & K Blind (eds), EURAS Proceedings 2017. pp. T97-T116, 22nd EURAS Conference ‘Digitalisation: Challenge and Opportunity for Standardisation’, 28/06/17.

    Disciplining standard-setting : Which approach to choose (if any)? / Kanevskaia, Olia.

    EURAS Proceedings 2017. ed. / Kai Jacobs; Knut Blind. 2017. p. T97-T116.

    Research output: Chapter in Book/Report/Conference proceedingConference contributionScientificpeer-review

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    Kanevskaia O. Disciplining standard-setting: Which approach to choose (if any)? In Jacobs K, Blind K, editors, EURAS Proceedings 2017. 2017. p. T97-T116