Who Recognises Technical Standards in TTIP?

Elaine Fahey (ed.), Institutionalisation beyond the nation state (Springer) 2018

Wageningen Working Papers in Law and Governance 2017/02

22 Pages Posted: 31 May 2017 Last revised: 28 Mar 2018

See all articles by Kai P. Purnhagen

Kai P. Purnhagen

University of Bayreuth; Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics

Date Written: May 29, 2017

Abstract

Current political discussions on the relationship of technical standards to the Transatlantic, Trade and Investment Partnership (TTIP) concern the question whether TTIP can provide a transatlantic level playing field for technical standards, and whether this will negatively affect technical standards in the European Union (EU) and the United States (US). This piece will instead take a different view on technical standards in TTIP. It will switch the perspective to an individual one, namely to the question who decides on standards. It follows the hypothesis that steering principles on mutual recognition and harmonization of technical standards largely depend on who will be given the power to decide on conformity and level of technical standards in the TTIP. As a basis for such an institutional analysis, this piece will evaluate the leaked documents from the TTIP negotiations. The analysis follows the framework for legal institutional analysis identified in the introduction to this book. The introduction highlights that, as legal applications of regime theory and organisation theory, the acts of autonomy and power by institutions are the real subjects of legal investigation of institutionalisation. This largely reflects an approach to institutionalism voiced by Neil Komesar in the 1990ies. As a result, I will identify and map the respective decision-makers and will illustrate the potential impact of these choices on technical standard-setting.

Keywords: TTIP, Technical Standards, Regulatory Cooperation

Suggested Citation

Purnhagen, Kai Peter, Who Recognises Technical Standards in TTIP? (May 29, 2017). Elaine Fahey (ed.), Institutionalisation beyond the nation state (Springer) 2018, Wageningen Working Papers in Law and Governance 2017/02, Available at SSRN: https://ssrn.com/abstract=2976457

Kai Peter Purnhagen (Contact Author)

University of Bayreuth ( email )

Universitatsstr 30
Bayreuth, D-95447
Germany

Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics ( email )

Burgemeester Oudlaan 50
PO box 1738
Rotterdam, 3000 DR
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
69
Abstract Views
461
Rank
615,425
PlumX Metrics