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This chapter engages with theories of global governance and private regulation to explain how and why standards support what I call a transnational hybrid authority. It shows that the notion of hybrid is mostly used as a default attribute to accommodate multiple and contradictory policies of global governance. Supplementing international political economy literature with semiotics, science and technology studies, and post-colonial studies, I argue that the concept of hybrid allows for seeing such ambiguity as an ontological attribute transforming the relationship between transnational capitalism and territorial sovereignty. Ambiguity thus imbues not only the status of the actors involved in standardisation and regulation but also the scope of the issues on which they operate and the spaces on which they exert their authority. The chapter outlines the analytical framework of the book including the three dimensions of actors setting standards, the scope of the standards and space on which such authority is recognised.
Following the proliferation of private standards in the global supply chain trade, it has become clear that these can have adverse effects on international commerce and world welfare in the same way that government-imposed mandatory regulations do. However, the scope of the obligation of WTO Members in relation to the regulation of private standards remains vague and open to divergent interpretations under WTO law. This article starts from the premise that the debate should move beyond the search for a reasonable interpretation of relevant WTO disciplines and instead begin to consider normative questions concerning the legitimacy and accountability of transnational private regulation in global governance and the potential role of the WTO in regulating such private authority. The article explores what justifies the role of the WTO, a multilateral intergovernmental organization, in regulating transnational private standards and how a regulatory mechanism might be designed and implemented in practice.
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