Standards In Global Governance And Its Interaction With International Law

Standard is a new and enlightening perspective which could be deployed to reconsider global governance, to reveal its new problems, solutions and further promote its development. When it comes to the construction, duplication and reproduction of standards in global governance, a specific social context and academic backgrounds are out of great necessary to overstepping essentialism. Thus, based on the unique social context of globalization discourse and international law system, the paper explores the meaning and role of standards in global governance, which as a starting point for rethinking the theory and practice of international law.Overall, this paper lists the characteristics and potential drawbacks of global governance, and then proposes the concept of standards in global governance, clarify the meaning of its theoretical framework, and then use specific cases before the final conclusion.First, the article stated the the special function of standard in a complex pattern in global governance, namely, the standard does not only mean to fill the vacuum of international rules or as a breakthrough of the domestic legal framework, its most fundamental contribution is that standard adds the new transnational legal level, and stimulate interaction among rules in diverse organizations.Second, the article illustrates history and theories to further clarify the realistic motivation, potential challenges and possible prospects of standards in global governance. The rise of standards in global governance, stems partly from the need of public-private cooperation in the international community, the consideration of the cost of global governance, international institutional structure of game theory, flourish civil society and the interests of the concept of reconstruction. In particular, realism reveals operational difficulties; liberalism emphasizes the power of a flourishing civil society to explore the prospects for cooperation; and constructivist often modeling interests leading the development direction.Therefore, the article absorbs nutrients from different theories to analysis the sustainable development of standards in global governance.Third, based on the theoretical study of global governance, the article discusses the limitations and new directions of the development of international law system, thereby clarifying the standard position in the global governance. Global governance needs to link diverse governance body, to achieve multi-level regulatory cooperation. However, the traditional international system is clearly difficult to overcome difficulties of soft law and hard law, thereby offering the development of "both hard and soft" features' standard. Standard multi-level multi-creation of the body in the field of sub-national, national and supra-national and other governance models together to create public-private partnerships, enhancing cooperation to achieve multi-level multi-governance.As a combination movement of both soft and hard process, global governance thus needs the combination of both soft and hard tools to strengthen its regulatory effectiveness.The following chapter starts empirical studies on standards in global governance. Through the analysis of effectiveness and legitimacy of standardization regulation under the WTO framework, the paper examines the feasibility of governance by standards in reality. Among them, in particular from internal and external aspects of the legitimacy, the paper reveals its problem-solving capability and impact on international order, so as to promote the self-improvement (not only confened to its effectiveness) of standards in global governance.After these, the paper explores the feasibility of standards as new sources of international law, as well as its influence and restrictions. Overall, the article proceeds from the vertical and horizontal angles to discuss the problem. From the vertical perspective, the paper explores the relationship beween sources of international law and binding force of international law. According to the possibility of changes of traditional sources of international law, Article 38 of ICJ Statute is difficult to reflect the development of international law in the contemporary international practice. However, the development of standards affecting the adequacy of sources of international law change, the assessment of the international practice of abstraction compared to the more intuitive approach is to assess the international rules of the legislative authority has changed (beyond the agreement of countries). According to this, standard can come from sources of international law under Article 38 of ICJ Statute, may also constitute a source of international law outside Article 38 of ICJ Statute. Different categories of standard makes its dual status in the sources of international law, namely market-drived standards constitute sources of international law in a broad sense, the standard arising from public-private hybrid model which is obtained official recognition of the "voluntary best practice standards "can be seen as a new type of sources of international law. Second, from the horizontal comparison, the article examines whether United Nations General Assembly resolution is also the new source of international law. Although there are many differences between the areas, the creation of the subject, methods of standard and the United Nations General Assembly Resolutions, both of them have a relatively soft law feature that can constitute sources of international law, at least in a broad sense.The final part discusses the interactions between Standards and international law. On the one hand, international law promotes the coordination and even integration of standards, and enhances the legitimacy of standards in global governance; on the other hand, standards promote both the deconstruction and reconstruction of extrinsic and intrinsic value of international law, which reshape the creation and implementation of international law.In short, just as a starting point, standards itself needs to be governed. The following studies will consequently include the way of regulating standards, the interactions between standards and other related governance technologies (such as governance by indicators).