The Faculty of Law of the University of Amsterdam, where I am a researcher, is seeking paper proposals for a workshop on “Transnational Standards in the Domestic Legal Order: Authority and Legitimacy”, to be held on 24 October 2014 in Amsterdam. The workshop is part of the research project “Architecture of Postnational Rulemaking” at the University of Amsterdam. The keynote speaker will be Professor Nico Krisch, Institut Barcelona d’Estudis Internacionals. Full details are here (pdf).

The workshop explores the evolving interactions between transnational standards and the domestic legal order from the perspectives of authority and legitimacy. The interactions between transnational standards and the domestic legal order have significantly evolved, and reduced regulatory fragmentation across states without the rigidity of concluding any formal international treaties.

Authority appears to be a multi-faceted notion when it is cast against transnational standards. On the one hand, the authority of standard-setting bodies seems to be strongly supported by the expertise of transnational bodies, the industry and scientific “consensus” they formulate at the transnational level, and pressure for regulatory harmonization across states. On the other hand, the authority of standard-setting bodies and their standards appears to be contextual, and constituted by domestic politics and legal contexts.

The authority of transnational standards further gives rise to a multi-faceted question of legitimacy. At the transnational level, standard-setting processes may not allow any formal governmental representation, as contrasted with the conclusion of treaties and the decision-making processes in international organizations. At the domestic level, transnational standards are not subject to parliamentary approval required for the conclusion of formal treaties. The executive organs may defer to transnational standards and avoid domestic deliberation. The technicality of industry or scientific standards makes it difficult for the wider public to review the governmental reliance on transnational standards. Overall, there is a strong indication that transnational standards may escape domestic scrutiny at multiple levels.

The workshop will address the evolving interactions between transnational standards and the domestic legal order, particularly from the following three angles:

►Transnational standards in domestic legal practices
►Authority of transnational standards
►Legitimacy of transnational standards

Paper proposals (max. 500 words) and a CV should be sent to Ms. Angela Moisl at a.moisl@uva.nl. The deadline is 18 May 2014.