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By Andrew Lang and Joanne Scott

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The operation of the SPS committee is more formalized than many transgovernmental networks, but its mode of operation is still characterized by the flexibility and adaptability of governmental networks. On the services side, the analogy with transnational regulatory networks is less strong, as the direct participation of regulators in the work of these committees is at present not as significant. Even here, however, there are some echoes of the kinds of activities which are the focus of attention in the transgovernmental network literature.

The activities of this committee are suggestive of a missing dimension; one which could be important in determining the ability of this framework to respond to legitimacy concerns. The SPS Committee reveals 155 156 157 Grant and Keohane, ‘Accountability and Abuses of World Power in Politics’, 99 Am Political Science Review (2005) 29, at 32. , WTO Doc. G/SPS/36 (2nd Review Report), at para. 71, and WTO Doc. G/SPS/R/37/Rev. II. For a fuller discussion see Scott, supra note 63, chs 7 and 8. See also Livermore, ‘Authority and Legitimacy in Global Governance: Deliberation, Institutional Differentiation and the Codex Alimentarius’, 81 NYU L Rev (2006) 766.

158 It is characterized by a critical self-awareness about its own role and operation and about the agreement which it administers. This is reflected in the iterative nature of its work. The committee revisits its own procedures and decisions on a regular basis, with a view to amending and improving them in the light of lessons learned. Reflexivity emerges, along with transparency, contestation, and reasoned decision-making, as a key feature of the committee’s approach. Consistent with the idea that the content of global administrative law is to be at least as much determined by practice as it is by rules, this commitment to reflexivity begs the question whether the reflexive approach of this committee might not be suggestive of a new candidate norm.

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The Hidden World of WTO Governance by Andrew Lang and Joanne Scott


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