Part IV Normative Development, Ch.26 Private and Quasi-Private Standards

Subject(s):

International environmental law — Legitimacy

This chapter discusses the concept of private and quasi-private standards in the environmental domain. While many of these standards involve the labelling of compliant products, others do not. The chapter begins by defining the concept of private and quasi-private standards, examining their rise and the reasons for this. A standard is considered to be private when the document in question is adopted by one or more non-governmental entities, including for example firms, non-governmental organizations (NGOs), and trade unions. Private standards may be firm- or sector-specific, or they may focus on a particular commodity such as sugar, palm oil, or soy. Meanwhile, the concept of a quasi-private standard is less clear and needs to be carefully defined. The chapter then looks at how these standards interact with international law in a variety of important ways. It also assesses the effectiveness and legitimacy of private and quasi-private standards.