Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ttngx Total loading time: 0 Render date: 2024-04-30T21:02:50.156Z Has data issue: false hasContentIssue false

9 - Procedural Safeguards in SDOs

from Part III - Governance Architecture and Decision-Making Process of SDOs

Published online by Cambridge University Press:  09 February 2023

Olia Kanevskaia
Affiliation:
Universiteit Utrecht, The Netherlands
Get access

Summary

This chapter analyses the extent to which the legal instruments discussed in Chapters 3, 4, and 5 apply to the examined SDOs. It also evaluates these organizations’ rules and procedures against the due process requirements of the applicable regulatory frameworks discussed in Chapter 6. While acknowledging the heterogeneity of the organizations’ operational frameworks, this chapter also emphasizes that their organizational rules – while designed in self-regulatory processes – should yet be considered within the legal constraints of the applicable regulatory frameworks. Indeed, SDOs enjoy a wide discretion not only to implement the due process requirements, but also to determine what these requirements mean, defining such terms as “consensus,” “openness,” and “balance” in their procedural rules. While observing that there are different ways to implement due process principles into the organizations’ procedures, this chapter notes that the level of procedural guarantees offered during the different stages of decision-making differs per organization, but is often insufficient from the perspective of legitimacy.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Procedural Safeguards in SDOs
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book: The Law and Practice of Global ICT Standardization
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009300551.014
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Procedural Safeguards in SDOs
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book: The Law and Practice of Global ICT Standardization
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009300551.014
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Procedural Safeguards in SDOs
  • Olia Kanevskaia, Universiteit Utrecht, The Netherlands
  • Book: The Law and Practice of Global ICT Standardization
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009300551.014
Available formats
×