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50 U. Kan. L. Rev. 779 (2001-2002)
The Quest for International Standards: Global Governance vs. Sovereignty

handle is hein.journals/ukalr50 and id is 791 raw text is: The Quest for International Standards: Global Governance vs. Sovereignty Herbert V. Morais In the twentieth century, for the first time in the history of the human race, most of the peoples of the world have been brought into more or less con- tinual relations with each other. We speak without hesitation of a world economy, a world technology, world-wide communications, world organi- zations, world science, world literature, world scholarship, world travel, world sports. We speak almost as confidently of an emerging world soci- ety, despite the forces of ethnic and territorial disintegration that threaten it. May we not speak also of world law? Professor Harold J. Berman1 I. INTRODUCTION In recent years, the subject of international standards has gripped the attention of the international community. A considerable amount of work has been undertaken in the development and dissemination of various international standards particularly in the business and financial law areas. At the same time, this work has also generated a great deal of debate in various fora as to the manner in which these international standards are being developed, implemented and even enforced. More importantly, several developing and transition countries have com- plained at their exclusion from the legislative process for developing such standards and resent the foisting of the standards on them thereaf- ter. A central question that has emerged from this debate is the extent to which this rapid trend in the development of new international stan- dards, which effectively establishes a framework of global governance, challenges the sovereign right of nations to establish their own regula- tory frameworks and standards. This article proposes to discuss some * Partner, Dewey Ballantine LLP, Washington, D.C. LL.B. Honors, Singapore. LL.M., S.J.D., Harvard. Formerly Assistant General Counsel, International Monetary Fund; Chief Counsel, The World Bank and Assistant General Counsel, Asian Development Bank. This paper reflects the personal views of the author. 1. Harold J. Berman, World Law, 18 FORDHAM INT'L L.J. 1617, 1617 (1995). Professor Ber- man is the Robert W. Woodruff Professor of Law, Emory University, and the James Barr Ames Professor of Law, Emeritus, Harvard University.

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