Uses and Misuses of International Economic Law: Private Standards and Trade in Goods in the WTO and the EU

Standardization is a diffuse rulemaking process that raises questions about normativity, legitimacy, and nature. Moritz J. K. Blenk applies a policy-orientated approach to international law to analyze the role of private rulemaking in international economic integration, shedding new light on economic integration.

Format: Paperback / softback
Length: 594 pages
Publication date: 09 September 2022
Publisher: JCB Mohr (Paul Siebeck)

Standardization is a fundamental aspect of rulemaking, yet it remains a complex and contentious topic. Particularly, there is ongoing debate surrounding the standards' normativity, legitimacy, and nature, whether they pertain to public or private entities, national or international contexts. In order to address these issues, Moritz J. K. Blenk employs a policy-oriented approach to international law, specifically focusing on the role of private rulemaking within the framework of international economic integration within the World Trade Organization (WTO) and the European Union (EU). Through this comparative analysis, Blenk seeks to shed light on the enigmatic phenomenon of private standardization from a legal perspective, thereby contributing to a deeper understanding of economic integration.

The concept of standardization has a long history in the realm of rulemaking, dating back to ancient times. It has played a crucial role in shaping societies, economies, and cultures throughout history. In the modern context, standardization has taken on an even more significant role as global trade and interconnectedness have increased.

One of the key challenges associated with standardization is its diffuse nature. Standards can be developed by various entities, including governments, international organizations, industry associations, and private companies. This diversity of stakeholders can lead to disagreements and debates over the standards' content, scope, and applicability.

One of the most contentious areas of debate surrounding standardization is the question of normativity. Normativity refers to the extent to which standards should be considered binding or enforceable. There are differing perspectives on this issue, with some arguing that standards should be treated as legally binding, while others argue that they should be more flexible and voluntary.

Another important aspect of standardization is legitimacy. Legitimacy refers to the extent to which standards are accepted and respected by stakeholders. There are concerns that private companies, particularly multinational corporations, may have undue influence over the development and implementation of standards, which could lead to the erosion of public interests.

The nature of standards is also a subject of debate. Some argue that standards should be based on scientific evidence and technical specifications, while others argue that they should be more flexible and adaptable to changing market conditions. There are also concerns that standards may be used to restrict competition or promote monopolies.

In response to these challenges, Moritz J. K. Blenk employs a policy-oriented approach to international law to analyze the role of private rulemaking within the context of international economic integration. Blenk argues that private rulemaking can play a valuable role in promoting economic efficiency, innovation, and growth. However, he also recognizes the need for appropriate regulatory mechanisms to ensure that private standards are developed and implemented in a fair and transparent manner.

One of the key areas of study for Blenk is the role of private standardization within the WTO and the EU. These organizations play a significant role in promoting international trade and economic integration, and they rely on private standards to ensure the quality and safety of products and services. Blenk argues that private standardization can contribute to the development of a more efficient and competitive global economy, but it is important to ensure that private standards are not used to restrict competition or promote monopolies.

Blenk also examines the legal framework that governs private standardization within the WTO and the EU. He argues that the legal framework should be designed to promote transparency, accountability, and fairness in the development and implementation of standards. This includes the establishment of clear rules and procedures for the development and adoption of standards, as well as mechanisms for dispute resolution and enforcement.

In conclusion, standardization is a complex and contentious topic that has significant implications for global trade and economic integration. Moritz J. K. Blenk's policy-oriented approach to international law provides valuable insights into the role of private rulemaking within the context of international economic integration. By shedding light on the opaque phenomenon of private standardization from a legal perspective, Blenk contributes to a deeper understanding of economic integration and the need for appropriate regulatory mechanisms to ensure that private standards are developed and implemented in a fair and transparent manner.

Weight: 886g
ISBN-13: 9783161616402