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Tripartite Standards Regime

Chapter · February 2012


DOI: 10.1002/9780470670590.wbeog919

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1

Tripartite Standards Commission (IEC), thousands of large and


small certifying bodies (CBs) such as the
Regime Société Générale de Surveillance (SGS) and
ALLISON LOCONTO, JOHN V. STONE Det Norske Veritas (DNV), as well as accredi-
AND LAWRENCE BUSCH tation bodies (ABs) such as the International
Laboratory Accreditation Cooperation (ILAC)
Standards are exemplary measures against and the International Accreditation Forum
which people and things are judged. They (IAF). Together these organizations are
can be informal, resembling norms and hab- involved in development of diverse types of
its; they can also be formal, resembling laws standards, the certification of persons, firms,
or written codes of conduct or embedded in and objects to those standards, and the accred-
material objects. Both formal and informal itation of certifiers and SDOs that regulate
standards are involved in nearly every aspect global trade in a number of different ways.
of human life. However, we will use the term
“standards” to refer exclusively to “formal
standards” which are those that are primar- BACKGROUND
ily invoked in global governance. In order for
formal standards to create and keep the order- Metrology is indeed the “backbone of stand-
ing that is intended by their use, a number of ards” (Hessenbruch 2003) and the history of
elements employed: (i) processes for certifying standardizing weights and measures is the
compliance to the standards, (ii) processes for history of many organizations involved in the
accrediting the certifiers who audit the stand- TSR. For example, in the standards develop-
ards, and (iii) relatively clear sanctions for vio- ment process, metrology (and other techno-
lation of these standards. Generally referred scientific norms) is used to create standards,
to as “conformity assessment,” these processes which in turn are then sold on the market and
traverse and integrate the public and private form a significant portion of an SDO’s revenue.
sectors domestically and internationally. As However, standards also consist of reference
such, formal standards are part of a “tripartite materials (well-defined materials for calibrat-
standards regime” (TSR), which is a regime of ing instruments, and printed materials such
governance that consists of standards-setting, as handbooks and manuals), laws and formal
accreditation, and certification (Loconto & regulations, and conventions. For example,
Busch 2010). These three processes involved nutritional standards involve the use of fully-
in constructing a TSR emerged pragmatically characterized food product samples as well as
at different times and in different geographic manuals that explain how to compare a given
spaces beginning in the late nineteenth century. batch with the sample to determine equivalence.
Today, a TSR is utilized in the global econ- The history of standards development is
omy as a way to order a number of processes the story of the maintenance of measures and
involved in cross-border trade. In this capacity standards for transferring technology, mainte-
there are a set of organizations that are often nance of consumer confidence, and facilitation
involved but little discussed in the mainte- of international trade. For example, in the late
nance of global trade. These include standards nineteenth century, technical committees of
development organizations (SDOs) such as the engineers set a precedent by meeting to create
International Organization for Standardization standardized measures to ease the transfer of
(ISO) and the International Electrotechnical the new technologies of the century – electrical

The Wiley-Blackwell Encyclopedia of Globalization, First Edition. Edited by George Ritzer.


© 2012 Blackwell Publishing Ltd. Published 2012 by Blackwell Publishing Ltd.
2

power, telecommunications, and mechanized following World War II. More recently, there
production of products with interchange- has been a specific focus on the use of stand-
able parts (for example the Ford model T). ards in the development and maintenance of
This collaboration was facilitated by the 1875 international trade. Here they are used for
Metric Treaty and set the stage for the emer- technical compatibility, consumer protection
gence of numerous SDOs on the national and (such as food safety standards) and as a means
international scene. The early SDOs, which to minimize technical barriers to trade. This
consisted of “interested parties” such as engi- focus on international trade was reinforced
neers and industrialists, were often driven by with the introduction of international trade
domestic needs for consistency in metrology agreements. For example, the Technical
and standards for industrial and war goods. Barriers to Trade (TBT) Agreement attempts to
The history of the British Standards Institute enhance trade by blocking the use of standards
(BSI) highlights the use of standardization as as technical barriers, while the Sanitary and
a vital mechanism for transferring technolo- Phytosanitary (SPS) Agreement does the same
gies and economic development throughout with respect to standards for human, animal,
the British Empire. Following the develop- and plant health. Together they have enhanced
ment of national standards bureaus (BSI was the need for standards and specifically for
the first created in 1901, numbers rose rapidly accreditation (and thus the TSR) within the
in the interwar period and have been steadily framework of facilitating international trade in
rising ever since; today, nearly every nation the current global economy. Both are part of
has one), there was a focus on standardizing the overall framework of the World Trade
military technologies, which were found to Organization.
be nonstandard, and thus incompatible, dur-
ing World War I. Concurrently alongside this
development of SDOs was the emergence of STANDARDS DEVELOPMENT
hundreds, and now thousands, of CBs in the ORGANIZATIONS (SDOS)
private sector, which began mainly in the ship-
ping and agricultural sectors as safety inspec- The last century has been marked by shifts
tion services. With the institutionalization of from a regulation to a coordination role for
SDOs, CBs took on more auditing responsi- SDOs; from a technical/scientific approach
bilities and marketed their services as means to to a business approach in their management;
verify compliance with standards. from a focus on national and regional stand-
During the twentieth century, consumer ards to international standardization; and from
product standards became increasingly impor- intergovernmental and other official organiza-
tant due to changes in industrial production tions to private forums and consortia of stand-
and the emergence of numerous consumer ardization. In recent years, formal standards
goods of dubious quality available in the mar- designed by firms or committees have prolif-
ket. Part of the philosophy underlying the New erated. Standards are developed and managed
Deal in the United States was a shift in empha- by both specialized and generic SDOs, at both
sis from production to consumption. However, national and international levels. Specialized
with a culture of consumption came the prob- SDOs are those that develop standards for a
lem of selection of goods in the market, when specific sector or process (for example the IEC,
consumers faced both opportunities and chal- see below). Generic SDOs cover a wide range
lenges to their ability to distinguish goods of standards and are exemplified by the ISO.
based on quality attributes that went beyond SDOs are responsible for creating, updating
price considerations; thus emerged the need and maintaining technical and scientific stand-
for industrial and consumer standards, and ards for the standardization of any number of
ways to audit their compliance, particularly people, processes and products.
3

within which this organization exists, these


The International Electrotechnical
committees favor those interests with suffi-
Commission (IEC)
cient resources and ability to provide volun-
The IEC prepares and publishes international teers who can participate in the committees
standards for all electrical, electronic and related (Higgins & Hallström 2009). IEC remains
technologies, collectively known as “electro- important today, as its organizational model
technology.” Established in 1906 in London, has established the modus operandi for legiti-
the IEC was the first international technical mate standards organizations: “one based on a
committee to take on the status of a perma- plurality of interests represented.”
nent body whose purpose was to develop and
harmonize technical standards. At its incep-
The International Organization for
tion, the IEC focused on the harmonization of
Standardization
vocabulary, units, quantities and symbols. It is
from this work that a common understanding In 1946 the International Organization for
was reached of what constitutes a volt and the Standardization (ISO) was created from the
names and dimensions of units of measure- union of two organizations: the International
ment, which varied not only from country to Federation of the National Standardizing
country, but even within each country prior Associations established in New York in 1926
to the standardizing work of the IEC. In 1948, and administered from Switzerland, and
the IEC central office moved from London to the United Nations Standards Coordinating
Geneva, Switzerland, where UN agencies and Committee, established in 1944 and admin-
the ISO were also being established. The IEC istered in London. The main purpose of the
has most recently created new technical com- original organizations, and thus also of ISO,
mittees for fuel cell technologies, for methods was to facilitate trade and technology transfer.
to assess human exposure to electric, magnetic The member bodies are national SDOs, such
and electromagnetic fields, and for avion- as BSI and the American National Standards
ics. In 2005, the Commission published the Institute (ANSI), on the basis of one member
most recent edition of the IEC Multilingual per country. The ISO is a nongovernmen-
Dictionary, which now contains 19 400 electro- tal organization that claims to form a bridge
technical definitions in French and English and between the public and private sectors by virtue
equivalent terms in 13 languages. of its member organizations. Some are part of
IEC members are known as National the governmental structure in their countries
Committees and these represent a nation’s elec- or are government mandated. Others, however,
trotechnical interests in IEC management and are purely private, having been established by
standardization work. These interests include: national partnerships of industry associations.
manufacturers, providers, distributors and The ISO serves as an international body
vendors; consumers and users; all levels of gov- that coordinates standards across nations, in
ernmental agencies; professional societies and an attempt to “standardize the standards.” In
trade associations; and standards developers. other words, its member organizations create
The constitution of the National Committees standards that are then adopted by the ISO
is determined at the national level and repre- technical committees as international stand-
sents combinations of public and private sector ards. ISO has developed over 18 000 interna-
actors. The IEC’s organizational model is one tional standards on a variety of subjects; some
centered on technical committees (made up of 1100 new ISO standards are published every
representatives of the National Committees) year. The ISO portfolio is best known for the
on which the interests of the various coun- ISO 9000 management series. However other
tries and functional groups are claimed to be influential standards are: the ISO 14000 series
balanced. However, much like the societies (environmental management systems), ISO
4

22000 (food security), ISO 31000 (risk man- use various forms of audit (such as inspection
agement), ISO 28000 (supply chain security of documents, tests of processes or products,
management), and ISO/IEC 65 (conformity examination of practices and facilities in use)
assessment). ISO is also beginning to develop to ensure the conformity of all sorts of people,
standards for Corporate Responsibility (ISO products, practices, and services to particular
26000). Its work has been influential in the sets of standards.
spread of SDOs globally by linking many CBs are most often private organizations
national standards bodies to the international (either NGOs or commercial firms); how-
standards process. For example, manage- ever, there are also instances of public sec-
ment systems standards have bridged the gap tor organizations. CBs can range in size from
between metrology, product standards and the one to thousands of employees (SGS employs
social and ethical process standards that are 59 000). Most CBs began in Europe and North
becoming increasingly common in the global America, initially working only in these
market. “Quality management” standards are regions. However, as the use of private stand-
intended to improve all aspects of organiza- ards spread globally, many CBs have expanded
tions’ processes, which should result in an their operations to most other nations. For
overall improvement in products. Thus, some example, SGS was established in Switzerland
scholars note that effective incorporation of in 1878 with the original purpose of offering
process standards have pushed some firms agricultural inspection services to grain trad-
to change their overall business strategies ers in Europe. During the mid-twentieth cen-
(Murphy & Yates 2009). tury, the company diversified its services to
also offer inspection, testing and verification
services across a variety of sectors, including
CERTIFICATION BODIES (CBS) industrial, minerals and oil, gas and chemicals,
among others. In 1981, the company went pub-
Certification refers to the issuing of written lic. The current structure of SGS, consisting of
assurance (the certificate) by a body attest- 10 business segments operating across 10 geo-
ing that it has conducted an audit and verified graphical regions, was formed in 2001. SGS
that the product, process or person conforms claims to be an industry leader, which has been
to the requirements specified in the standard. achieved through continual improvement and
This audit is completed by a certifier. There are innovation and through supporting customer
three types of certifiers: first parties (sellers, for operations by reducing risk and improving
example warranties); second parties (buyers, productivity.
such as where contracts require specific rules From their narrow scope of offering inspec-
for the use of licensed objects); but in most tion services in the late 1800s, today CBs are
instances in the global economy, certifications flourishing businesses that offer, for a fee,
are provided by third parties (ostensibly neu- some combination of the following four ser-
tral organizations that are not parties to the vices: (i) standards development; (ii) veri-
exchange). Moreover, most (though not all) fication that the standard is implemented;
of these certifications involve non-state actors (iii) certification and (iv) auditing to ensure
that serve as intermediaries between parties to continued compliance. For example, DNV
various economic and non-economic trans- is an independent foundation established in
actions. Collectively, they involve a dual shift Norway in 1864, with the original mission
of trust from highly personalized relations on to inspect and evaluate the technical condi-
the one hand, and from state-mediated rela- tion of Norwegian merchant vessels. Today it
tions on the other, to trust in the validity of the offers the following services: assessment, cer-
certification process (and by implication the tification, classification, consulting, materials
SDO and certifying agency) itself. Certifiers and technology testing, software solutions and
5

support, technology qualification, training or a combination of the three. There are two
and verification. main types of accreditation bodies: generic
Another characteristic of CBs is that they and specialized. Generic ABs are multipur-
offer an array of accredited and unaccredited pose and are best illustrated by the national
certification services for a number of different accreditation bodies (NABs) and their inter-
standards, rather than just one set of stand- national agglomerations or Accreditation
ards developed by one SDO. Moreover, many Associations (AAs) (e.g., the ILAC and
of the CBs have become involved in develop- the IAF). Beginning as national laboratory
ing their own certification packages where accreditation bodies, ABs first emerged in
one audit will certify to a several standards at Australia in 1947 as a means to ensure stand-
once. For example, DNV verifies sustainability ard weaponry. General purpose national
reporting to the DNV Verification Protocol accreditation bodies began to gain importance
for Sustainability Reporting. The principles in the 1970s in the global North and have
and concepts of the protocol are aligned with grown in the global South in the 1990s, often
the Global Reporting Initiative (GRI) guide- with the help of “development assistance” by
lines, the assurance standard AA1000AS and the United Nations Industrial Development
sustainability reports based on other princi- Organization (UNIDO), the World Bank,
ples. Thus, certifiers have become an increas- and bilateral donors. During the last part of
ingly important component of the TSR, as the twentieth century, accreditation spread
noted by their growth in numbers and range beyond the original mandate of laboratory
of geographic influence. Furthermore, CBs practices, namely to management systems
have tended to expand the scope of their work, certification, product certification, personnel
becoming standards setters themselves. certification, information security manage-
ment and environmental management. This
expansion allowed for the emergence during
ACCREDITATION BODIES (ABS) the 1990s of specialized ABs focused on spe-
cific groups of standards, or on the accreditors
Accreditation refers to the formal recogni- themselves. For example, within the agrifood
tion by a specialized body – an accreditation sector significant ABs are GLOBALGAP, the
body – that a CB is competent to carry out British Retail Consortium (BRC), Fairtrade
certification audits for specific standards Labelling Organizations International (FLO)
and that SDOs are competent to develop and the International Federation of Organic
standards. It is therefore an independent and Agriculture Movements (IFOAM).
authoritative attestation to the competence
of a CB. The history of standards and certi-
International Laboratory Accreditation
fication show that there is significant vari-
Cooperation (ILAC)
ation with respect to the work of certifying
organizations and what is certified (Cochoy The first ILAC Conference was held in
2002). This diversity may be confusing, or Copenhagen in 1977. This conference brought
permit outright fraud, leading to the need for together laboratory accreditation bodies and
accreditation. Thus, accreditation emerged other interested parties from around the world
on the scene much later than SDOs and CBs to contribute their ideas and support for the
(mid- to late twentieth century) as a mecha- creation of the cooperation, whose specific
nism to standardize and regulate certifica- purpose was to help remove technical barriers
tion and to some extent the standards setters to trade. In 1996, ILAC became a formal coop-
as well. eration with a charter to establish a network
ABs are most often government agencies, of mutual recognition agreements (MRAs)
but can also be NGOs, industry associations among accreditation bodies that would fulfill
6

this purpose. In 2000, 36 laboratory accredi- relied upon. In other words, the IAF accred-
tation bodies (full ILAC members) from 28 its the accreditors. This is done first by ensur-
economies worldwide signed an arrange- ing that IAF accreditation body members only
ment to promote the acceptance of technical accredit those who are competent to do the
test and calibration data for exported goods. work they undertake and are not subject to
ILAC’s tiered membership structure includes conflicts of interest; and second by establishing
laboratory and inspection accreditation bod- Multilateral Recognition Agreements (MLAs)
ies that are recognized as offering accredita- between its accreditation body members
tion services in their national economies and whereby members recognize the equivalence
among other requirements comply or are in of other members’ accreditations to their own.
the process of gaining compliance, with ISO/ Thus, IAF is also a private association that
IEC 17011. This membership represents more includes private and public sector members.
than 70 economies and regional organizations. The IAF is looking to create a system
For example, regional cooperation bodies are whereby conformity assessment accredita-
found in Europe (European Cooperation for tion conducted in one country is valid in all
Accreditation), Asia (Asia Pacific Laboratory other countries. This is also the ultimate aim
Accreditation Cooperation), Latin America of the ILAC Arrangement, where they seek
(InterAmerican Accreditation Cooperation), to encourage the increased use and accept-
Africa (Southern African Development ance by industry and regulators of the results
Community in Accreditation), and Central from accredited laboratories and inspection
Asia (Central Asian Cooperation on Metrology bodies, including results from laboratories in
Accreditation and Quality). Thus, ILAC is a other countries. These two organizations are
private cooperation between private and public thus also working together on a global scale
accreditation bodies. to harmonize assessment requirements and
processes. They have declared that June 9th be
celebrated as World Accreditation Day, to help
The International Accreditation Forum (IAF) raise awareness of the importance of accredita-
tion activities and the organizations’ objective
Created in 2000, the IAF is the world associa- of “certified once – accepted everywhere.”
tion of conformity assessment accreditation
bodies and other bodies interested in conform-
ity assessment in the fields of management sys- CONCLUSIONS: THE TRIPARTITE
tems, products, services, personnel and other STANDARDS REGIME PERFORMING
similar programs of conformity assessment. TRADE GOVERNANCE
IAF’s members consist of national accredi-
tation bodies, other organizations that con- The role of SDOs, CBs and ABs in the gov-
duct and administer programs by which they ernance of global trade was solidified with
accredit bodies for certification/registration of the free trade agreements of the World Trade
quality systems, products, services, personnel, Organization (WTO). The WTO reinforces
environmental management systems of simi- ISO, IAF and ILAC’s objectives to remove
lar programs of conformity assessment, and trade barriers through the development and
associations that represent a similar group of use of international standards. This is most
entities internationally or within an economy evident in the case of the TBT Agreement,
or region. IAF’s primary function is to develop which seeks to coordinate global trade and
a single global program of conformity assess- facilitate market transactions. In 1979, the
ment. The purpose of this program is to reduce Tokyo Round Standards Code was signed by
risk for businesses and customers by providing 32 GATT (General Agreement on Tariffs and
assurance that accredited certificates can be Trade) Contracting Parties. This Code defined
7

the rules for preparation, adoption and appli- completely within the state nor wholly out-
cation of technical regulations, standards and side of it, but fully integrated under a market
conformity assessment procedures. Negotiated rationality.
during the Uruguay Round, the updated TBT
Agreement (signed in 1994) has become inte- SEE ALSO: Standardization; World Trade
gral to the WTO and has reinforced the use Organization.
and central role of standards and conform-
ity assessment in global trade. For example, REFERENCES
through the WTO dispute settlement mecha-
nism, which uses both the law and the market Cochoy, F. (2002) Une Sociologie du Packaging ou
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Loconto, A. & Busch, L. (2010) Standards, techno-
of private governance that is based on existing
economic networks, and playing fields: perform-
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standards harmonization processes and the Through Voluntary Consensus. Taylor & Francis,
IAF MLA/ILAC MRAs are negotiated within New York.
the private sector. Thus, the TSR is illustrative
of the theory of neoliberal “governmentality” FURTHER READING
(Foucault 2008). The policy promoted by neo-
Bingen, R.J. & Busch, L. (2006) Agricultural
liberal states is to level the international play- Standards: The Shape of the Global Food and Fiber
ing field and to build competition regimes, System. Springer, Dordrecht.
thus turning the state into an active promoter Boli, J. & Thomas, G. (eds.) (1999) Constructing
of markets. However, through the process World Culture: International Non-Governmental
of eliminating trade barriers (via the WTO Organizations Since 1875. Stanford University
agreements) a new set of political edifices Press, Stanford, CA.
based on the construction and maintenance Bonanno, A. & Constance, D. (1996) Caught in the
of “conformity assessment” have been erected Net: The Global Tuna Industry, Environmentalism
and empowered. It is here where the public- and the State. University Press of Kansas,
Lawrence.
private nature of the TSR becomes increas-
Brunsson, N. & Jacobsson, B. (eds.) (2000) A World
ingly important, as the use of conformity
of Standards. Oxford University Press, Oxford.
assessment as part of supply chain strategies Genschel, P. & Werle, R. (1993) From national hier-
by many of the businesses involved in global archies to international standardization: modal
trade decreases direct reliance on govern- changes in the governance of telecommunica-
ment regulation and increases the importance tions. Journal of Public Policy 13 (3), 203–225.
of mutual recognition of accreditation. Thus, Hallström, K.T. (2006) ISO enters the field of social
a governance regime emerges that is neither responsibility (SR): construction and tension of
8

global governance. In: Schuppert, F. (ed.) Global Higgins, W. & Hallström, K.T. (2007) Stand-
Governance and the Role of Non-State Actors. ardization, globalization and the rationalities of
Nomos, Berlin. government. Organization 14 (5), 685–704.
Hatanaka, M. & Busch, L. (2008) Third-party certi- Marlin-Bennett, R. (1993) Food Fights :
fication in the global agrifood system: an objec- International Regimes and the Politics of
tive or socially mediated governance mechanism? Agricultural Trade Disputes. Gordon and Breach,
Sociologia Ruralis 48 (1), 73–91. Langhorne, PA.

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