Symposium Introduction. Transnational Standards in the Domestic Legal Order: Authority and Legitimacy

Abstract

Transnational standard-setting bodies, which guide the conduct of states and non-state actors in multiple fields of global governance, affect the content of domestic law in a manner that may reduce domestic input. This journal symposium approaches the evolving interactions between transnational standards and domestic legal orders through questions of authority and legitimacy. Jaye Ellis’ piece sheds light on the role of law in mediating democratic legitimation and scientific rationales. Vesco Paskale examines how food safety standard-setting advances the notion of epistemic subsidiarity, and thereby leaves autonomous decision-making space for state authorities. Finally, Ka Lok Yip’s article highlights variables in the field of humanitarian law which facilitate and hinder the domestic acceptance of guidance and standards.