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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
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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.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • 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
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  • 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
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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
×