Standard-Setting in Regulatory Regimes

23 Pages Posted: 23 Apr 2009

See all articles by Colin Scott

Colin Scott

University College Dublin (UCD)

Date Written: April 16, 2009

Abstract

Standards of one kind or another are central to all regulatory regimes. Conceived of in most general terms, standards are the norms, goals, objectives or rules around which a regulatory regime is organised. Standards express if not the broad outcomes intended for a regime, then at least some aspect of the behaviour which participants in the regime are intended to adhere to. The first part of this chapter elaborates further on the meaning of standards within regulatory regimes. I consider the variety of ways in which standards may be expressed, in terms both of instrument types and the nature of standards (see further (Black 1995)). I then move on to consider the variety of state and non-state actors who are involved in standard-setting and the processes through which standards are set and applied. The setting of standards is characterised by a diffusion of responsibility - national and supranational levels, state and non-state organisations (Haufler 2001) (Cutler 2002). Whilst these observations are challenging to a traditional model of regulatory governance which focuses chiefly on the role of state agencies, they provide the basis for a revised account which seeks to evaluate both the effectiveness and legitimacy of this more diffused regime (Kerwer 2005).

Suggested Citation

Scott, Colin David, Standard-Setting in Regulatory Regimes (April 16, 2009). University College Dublin Law Research Paper No. 07/2009, Available at SSRN: https://ssrn.com/abstract=1393647 or http://dx.doi.org/10.2139/ssrn.1393647

Colin David Scott (Contact Author)

University College Dublin (UCD) ( email )

Belfield
Dublin 4
Ireland

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