The Incurable Constitutional Itch: Transnational Private Regulatory Governance and the Woes of Legitimacy

Global corporations and the governance of standards

“…There is, however, considerable overlap between mandatory standards embedded in public regulations, and voluntary specifications set by standard-setting bodies. Both types of instruments are so much intertwined that studies on legal pluralism refer to such concepts as internormativity or transnational private regulatory governance to describe recent developments in which the law faces much difficulty in ordering such differentiated societal activities (Frydman 2014, p. 33ff;Zumbansen 2015). A landmark report that the World Trade Organization (WTO) published on non-tariff measures is unequivocal in that regard:…”