The Power of Norms and the Norms of Power: Who Governs International Electrical and Electronic Technology? Paper prepared for the 3rd Conference on "Who Are the Global Governors?" George Washington University, Washington DC, 15-17 November 2007 DRAFT, 4 NOVEMBER 2007 PLEASE DO NOT CITE NOR CIRCULATE WITHOUT AUTHOR'S PERMISSION © Tim Büthe* Duke University and UC Berkeley * Assistant Professor of Political Science and Associate Director, Center for European Studies, Duke University (on leave); 2007-2009: Robert Wood Johnson Foundation Scholar in Health Policy Research, University of California, Berkeley. Email: buthe@duke.edu; http://www.buthe.info. For very helpful comments on a previous draft, I am grateful to Deborah Avant, Martha Finnemore, Jim Goldgeier, Susan Sell, and participants of the "Who are the Global Governors?" conference at George Washington University. For sharing background information, I am grateful to participants in standards negotiations in IEC Technical Committees from various national member bodies of the IEC. I. Introduction "Who governs?" Robert Dahl (1961) asked in his classic pluralist study of New Haven politics. This volume takes his question to the international level, asking a series of related questions about the actors of "global governance." I apply Dahl's deceptively simple core question to the governance of terminology, measures, design and performance characteristics of electrical and electronic phenomena and products, focusing on the standards of the International Electrotechnical Commission (IEC). Here as elsewhere, governance involves the exercise of power and hence warrants political analysis. There are many reasons—at least 5,075 of them, as of the end of 2006—to concern oneself with IEC standards. Three brief examples will illustrate the point. If you take a picture with a digital camera, you can view the image on the camera's LCD screen or send the image to a printer, almost anywhere in the world. While resolution, clarity, and quality might differ by manufacturer and model, the screen and printer will both recognize and produce essentially the same image, even though the LCD screen uses a mix of red, green, and blue light to produce any color whereas the printer uses cyan, magenta, yellow and black ink or dyes. How is this possible? Second, when a patient needs x-ray images, s/he usually can trust that the x-ray machine will emit a sufficiently high dose of radiation to ensure that a usable x-ray image is taken without exposing him/her to exceptionally dangerous doses, even though neither the patient nor the physician has measured the radiation emitted from the x-ray machine (and in fact, neither may fully understand the technology). Why are we willing to have such trust? Third, as recently as twenty years ago, some vacuum cleaners, hair dryers, and other motorized electrical appliances would invariably interfere with the reception of a nearby TV or some radios; some microwaves and cordless phone sets would interfere with each other, etc. Today, a Büthe Power of Norms, Norms of Power (Draft 11/4/07) 2 manufacturer of these products can, usually truthfully, give a blanket assurance that such interference will not occur (or can be easily fixed by the consumer), even though the product in question has not been tested for interference with any specific TVs, radios, phones, etc. How is this possible? The answer to all three questions is, at least in part, IEC standards. IEC 61966-series "color management" standards define colors in such a way that it allows reliable communication of color data between a broad range of devices with very different ways of reproducing those colors (see IEC 2007c for more details).1 These IEC standards thus ensure interoperability. IEC standard 60580, "Medical Electrical Equipment - Dose Area Product Meters" specifies where and how to measure the dosage emitted by radiological devices. This allows the manufacturers of such devices, if they implement IEC 60580, to provide technical data about their products, which can be meaningfully compared across competing products and against regulatory measures that often specify maximum permissible radiation levels based on the same measurement standard. 2 Finally, IEC 61000-series standards for electromagnetic compatibility (EMC) specify thresholds for electromagnetic disturbances that may be emitted by electronic and electrical products and the level of insulation/immunity a product must have from disturbances in its environment, so as to ensure non-interference even when they are operated in close proximity to each other—crucial for pacemakers, electronic components of ABS break systems on cars or trucks, or laptop computers running essential applications. 1 Parts of these standards originated in the strictly private "ICC" standards consortium, founded and operated for profit by Adobe, Agfa, Apple, Kodak, Fogra, Microsoft, Sun Microsystems, and Taligent, but 6196 is a series of IEC standards. 2 As this example illustrates, these non-governmental technical standards are often used (explicitly or implicitly) by governments and regulatory agencies; they also are used by accredited conformity assessment bodies (such as Underwriters' Laboratories in the U.S.), which can certify a product's compliance with a particular standard. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 3 Since all of this sounds rather technical, some observers have concluded that international standardization is a pure science and engineering optimization problem. For Loya and Boli (1999), for instance, international technical standardization is evidence of the triumph of universalistic/global technical rationality over the use of political or economic power to "settle" conflicts of interest. There are, however, many reasons to doubt this harmonious image. Standards are prominent non-tariff barriers to trade; where their harmonization opens markets, it benefits more competitive firms at the expense of less competitive ones. Standards also affect the value of patents—the root cause of Thomas Edison's ruthless multi-year campaign to keep the U.S. from adopting alternating rather than direct current as the standard for household electricity (e.g., McNichol 2006). And although IEC standards as such are merely prescriptive (that is, they are explicit norms in technical language), the increasing reliance of governments on international standards as the technical basis for regulatory measures means that they often effectively are mandatory rules for much of the global economy. Finally, wherever prior practice differs, standardization (i.e., harmonization) entails switching costs and thus distributional conflicts—as shown in Büthe and Mattli's survey about ISO and IEC standardization among firms in five countries and five industries (e.g., Mattli and Büthe 2003). Despite the many indications that standardization is often an intensely political as much as a technical process, however, social science analyses of standardization and standards-developing organizations are still far and few between. The IEC in particular has received hardly any attention, even though it is, to my knowledge, the oldest still operating institution for transnational governance in the international political economy.3 3 IEC might like it that way; the organization is much less transparent than the International Organization for Standardization (ISO), with which it otherwise shares many characteristics. It makes less information public about its standards-setting process and its internal debates, is more protective of information about the historical evolution Büthe Power of Norms, Norms of Power (Draft 11/4/07) 4 In the century since it was founded in 1906, the IEC has grown from 11 to 68 national electrotechnical member bodies (51 with full membership, 17 with associate membership, one per country) and affiliates in 76 further countries (IEC 2007b).4 It has vastly expanded the scope of its activities from the international "standardization of the nomenclature and ratings of electrical apparatus and machinery" (1904 declaration calling for the establishment of the IEC) to setting international standards for measurement, compatibility, performance, design, engineering development, and safety of industrial and consumer products in "all electrotechnologies including electronics, magnetics and electromagnetics, electroacoustics, multimedia, telecommunication, and energy production and distribution, as well as associated general disciplines" (IEC Mission Statement, 2006). As a result, there are now 5,075 IEC standards, most of them developed anew or updated/revised within the last two decades (IEC 2007d; figures are for 12/31/2006). As the predominant standards developing organization (SDO) for international technical standards for electrical, electronic, and related technologies, the IEC plays an important part in governing the international political economy. It derives its authority from at least two of the sources identified by Avant, Finnemore and Sell (this volume): the concentrated expertise assembled in its technical committees and the delegation of authority from the member states of the WTO to this transnational non-governmental organization. How did this happen? Who defined the vastly expanded range of issues over which the IEC came to claim governance authority? Who is the IEC and who really "governs" electrical, electronic, and related technologies? And why, after more than a century of the ostensible international of its membership, and practices tight message control by only allowing written inquiries. Many representatives of IEC member bodies, however, have been very forthcoming with information about the standardization process in particular, as reflected in section II of this paper. 4 Associate membership provides for more limited participation in exchange for greatly reduced membership fees for small or developing countries and countries with a stake in only a limited number of electrotechnologies. The Philippines' membership is suspended for non-payment of membership fees. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 5 standardization of electrical technology, do we still need to carry adapters or even transformers to plug in our razors, hairdryers, and laptop computers when we travel between the Americas, Europe, and Asia, or even between countries within any one of these regions? I make three arguments, based on an analysis of the increasing scope of the IEC's authority (section I), an analysis of who exercises power within the IEC5 (and beyond) during each of the types of governance activities identified by Avant, Finnemore and Sell—agenda setting, rule-making, implementation, monitoring, enforcement, and adjudication—(section II), and a brief illustration of the international (non)standardization of power plugs and sockets/outlets (section III). Most generally, I argue that (at least in the realm of electrical, electronic, and related technologies) the cast of actors is diverse and varies greatly depending on the specific governance activity considered. Even at face value, Dahls' question of "who governs" thus does not have a simple, context-independent answer. Second, I argue that formal and informal institutions at the international and domestic level largely shape who governs and what means they can use to do so. Third, I argue that functionalist explanations, though they go a long way toward answering the questions above, are at best incomplete. We need to recognize the diversity of actors at the various stages of governance—and analyze the ways in which institutions and "institutional complementarity" (Mattli and Büthe 2003) constrain and empower actors—in order to understand both the explosive growth in IEC international standardization and specific gaps in global technological harmonization. 5 As I recognize explicitly below, the IEC has an organizational interest that makes it useful at times to treat the institution as an actor in its own right (see also Büthe 2007b; Hawkins et al. 2006; Haas 1990), but scholars of institutionalized non-state actors in world politics should not replicate at the level of inter-/transnational organizations the analytical sleight of hand for which many of us criticize state-centric theories of IR, namely the reification of structures as agents, such that the individuals and groups disappear who exercise power via the institutional structure. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 6 II. Scope of Electrotechnical Governance II. 1. Founding the IEC: Institutionalizing Cooperation The rapid development of electrical engineering right on the heels of the growth of the scientific understanding of electricity and related phenomena such as electromagnetism led in the late 19th century to the establishment of "electrotechnical societies" in most of the 20th century's "advanced industrialized" countries (see Table 1). Usually, these were professional associations of physicists and electrical engineers, who sought to institutionalize their information exchange. The historical documents of the early meetings, however, also convey a sense that having a national electrotechnical association was at the time considered an increasingly necessary part of being a modern, industrializing country (cf. Meyer 1980). Table 1 Founding Dates of the First National Electrotechnical Societies 1871 Institution of Electrical Engineers (IEE), UK (first founded as Society of Telegraph Engineers) 1883 Société Internationale des Electriciens, France 1883 Elektrotechnischer Verein, Austria-Hungary 1884 American Institute of Electrical Engineers (AIEE) 1891 Canadian Electrical Association 1893 Verband Deutscher Elektrotechniker (VDE), Germany 1897 Associazione Elettrotecnica Italiana The push for electrotechnical standardization—at the domestic and at the international level—arose largely out of these societies, often initially motivated by a desire to have common measures in order to be able to replicate and build on each other's research, but increasingly also out of commercial interest, as the development of electrical technology and machinery proceeded at breakneck speed. This demand for international standardization led to a formal declaration at Büthe Power of Norms, Norms of Power (Draft 11/4/07) 7 the 1904 International Electrical Congress in St. Louis, calling on the "technical societies of the world" to come together and create a "representative commission" to "consider questions of standardization …," which in turn led to the founding of the IEC by representatives from Austria-Hungary, Belgium, Canada, France, Germany, Holland, Italy, Spain, Switzerland, the UK and the U.S., meeting 26-28 June 1906 in London. Why did they create a transnational organization to deal with electrical and electrotechncical standardization—and who were "they?" An important part of the explanation for the creation of the IEC and the initial scope of its authority is functional. There was a wide-spread belief that, for basic research and technological development to be fruitful and cumulative, common terminology, measures, and symbols were needed not just at the national but, given the rapidly increasing transnational flow of ideas and products, at the international level, too (Hughes 1983:esp.47ff, 79ff, 140ff) (see also O'Rourke and Williamson 1999; Rodgers 1998). Market selection can create de facto standards (VHS video format and the MS windows operating system for PCs are prominent examples), but it may be unsuitable to achieve harmonization of basic terminology, measures, etc.6 More importantly, as an empirical matter, most of the participants of the early international electrical congresses saw that harmonization was simply not happening: The exhibits that occupied the "Palace of Electricity" at the 1904 World's Fair in St. Louis, for instance, required not only electricity of numerous different voltages, but differed in whether they needed direct current, or 1-, 2-, or 3phase alternating current, with frequency ranging from 25 to 60 cycles (see also AIEE 1904).7 Moreover, the slow, limited success of attempts to achieve harmonization informally in the 6 Notwithstanding my argument that institutionalized standards-setting is a political rather than just a scientific or engineering optimization process, there is no evidence to suggest that market-driven de facto standardization leads to superior standards and it often fails to lead to broad-based harmonization at all. There is, however, no indication that these issues were considered by the proponents and participants of international standardization at this time. 7 See Erdmann 2007 for details. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 8 context of the international Electrical Congresses, which took place at irregular intervals, suggested that ad hoc cooperation was insufficient: While the delegates of the first International Electrical Congress in Paris in 1881 adopted Ampere, Volt, and Ohm as common "practical units" from among no fewer than 10 different units of electric current, 12 different units of electromotive force, and 15 different units of resistance previously in use, it took another twelve years to agree on common definitions of these units at the 4th international congress in Chicago (IEC 2006a:1). Institutionalizing this kind of cooperation by giving it some formal institutional structure was hoped to facilitate and speed up standardization on a global level. As noted in the introduction, however, harmonization of previous divergent standards creates winners and losers. Devoid of actors, the functional explanation for the creation of the IEC hides this distributional effect. But who actually founded the IEC—to carry out standardization in whose interest? The official delegates at the 1904 Electrical Congress and the 1906 founding meeting in London were mostly private individuals, often highly respected technical experts in physics or engineering at universities or polytechnic institutes but also with an important role in industrial application and usually selected by their national electrotechnical societies. It was this group that initially defined the general issue area over which the IEC was to acquire global governance authority. While scientific considerations and the desire for cumulative research contributions to the understanding of electricity and related phenomena played an important role, commercial interests were the driving force behind electrotechnical standardization at the national and international level. Inventors and commercial developers of electric technology and machinery realized in particular that the lack of standardization of such basics as the type of current (direct vs. alternating) or even the way in which voltage was measured impeded their ability to achieve Büthe Power of Norms, Norms of Power (Draft 11/4/07) 9 economies of scale in the production of anything from incandescent light bulbs and telephones to electrically powered machinery. As one of the participants noted at the time, a difference of "1/10th of a Volt" in 110 Volts could make a difference of "large sums of money in regard to a contract for incandescent lamps" (Erdmann 2007:4). Consequently, usefulness for technological development was a key criterion for decisions of where to focus standardization efforts,8 and protecting or enhancing the value of one's technology and patents often drove support and opposition to the standardization of any particular standard. The rapid development of electrotechnology at the time, however, ensured that standardization would usually open many more new, profitable opportunities than it foreclosed. And IEC standardization—carried out through correspondence and regular plenary sessions every 2-3 years—was often close behind the cutting edge of technological development, allowing the development of international standards often before national ones had been firmly established and before a great many had developed a stake in a particular standard or practice, which can impede shifting to a new standard even if the new one is clearly superior (see David 1985). Drawn-out battles were therefore rare. Equally importantly, who was not sitting at the table? Some governments saw electrotechnology early on as holding great promise for economic and industrial development. The Prussian/German government, for instance, set up the extensive basic research and standardization facilities for the physical sciences at the Physikalisch-Technische Reichsanstalt, founded in 1887, as an incubator of scientific knowledge to supercharge Germany's electricity- 8 Since the scientists and engineers who were the individual actors in the technical discussions in the early years often had a personal financial stake in the commercial applications, the distinction between purely scientific considerations and commercial interests should not be overdrawn. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 10 driven late industrialization (Cahan 1989; Hughes 1983:178) (Warburg 1916).9 Some of the leading figures in national electrotechnical societies also had appointments in public universities or as lead scientists in publicly funded research institutes—though they may have acted there as much as representatives of industry—in which they often also had a stake—as they acted as representatives of the state.10 Governments as such generally played little or no role in the IEC (see below). More important for the question of who governs, however, were other exclusions. Reflecting the prowess and social status afforded to many of the pioneers of the "electrical age," the founding meeting of the IEC in June 1906 was held in London's premier luxury hotel, the Hotel Cecil, assuring in effect (if not necessarily intentionally) the exclusion of stakeholders from poorer parts of the world.11 The organizational features of the IEC (some of them arguably inevitable, given the technology at the time) also meant that only those able and willing to pay the costs of international travel would be able to participate fully in IEC standardization. This in turn affected who the national member bodies would appoint to be the country's official representative on any given IEC technical committee (once they were formed). To what extent those delegates would represent a broader set of interests at the international level depended largely upon the institutions at the domestic level, i.e. the structure, rules, and norms of each national electrotechnical society. Yet, the material costs of participation clearly created a bias in 9 Countries and empires since ancient times, such as the Babylonian and Roman empires, had thrived on trade enabled by the availability of common "weights and measures," and economic historian had begun to understand and advertise this in the late 19th and early 20th century in the context of the intellectual ascendancy of models of free trade. Governments therefore supported and encouraged the development of "basic" standards (such as the U.S. National Bureau of Standards (today NIST), founded in 1901—secure in the knowledge that protection of industry was still available at all times and more profitably achievable (for the government's coffers) by raising tariffs than by fragmenting markets through differing standards. 10 Even the German Reichsanstalt owed its existence and success at least as much to Werner von Siemens as "first man of German industry" as to Hermann von Helmholtz as "first man of German science" (Cahan 1989). 11 It is not clear whether the exclusion of what we would today call developing countries would even have occurred to many observers at the time, given the prevailing ideology of colonialism. Notice, however, that even from among the many already independent countries of the Americas, only the US, Canada, and (rich and highly developed) Argentina were represented in the IEC initially (and Argentina not even at the 1906 meeting). Büthe Power of Norms, Norms of Power (Draft 11/4/07) 11 favor of commercially successful stakeholders from rich countries, though a neat distinction between scientific and commercial interests is nearly impossible for this early history of electrotechnical standardization, since most of the key participants personally had both of these interests.12 In sum, IEC in the early years focused on measurement and nomenclature, establishing electrical and magnetic units such as Hertz and Gauss, as well as developing a unified "International Electrotechnical Vocabulary" (now the 13-language IEC Multilingual Dictionary, first published in 1938). These were essential building blocks in the industrialization process, the formation of international markets, and the development—one might say the social construction—of electrical engineering as a universal (global) scientific profession (see Ruppert 1956:4f) (see also Herrigel 1996). IEC standardization in the early years thus had public goods characteristic with the promise of substantial benefits for most participants (Kindleberger 1983)—and was effectively limited to a small set of countries whose technical and socioeconomic elites shared a common understanding of modern science. Moreover, those who sought electrotechnical standardization had learned from the difficulties of establishing common basic measures of length and volume in the 19th century. That experience suggested that the adoption of another country's or ruler's standard generates far more resistance than the adoption of a standard derived by a transnational body of experts from "universal" scientific principles or 12 Elihu Thomson, for instance, the President of the U.S. organizing committee for the 1904 International Electrical Congress that called for the establishment of the IEC, was scientist, inventor—and founder of General Electric. Lord Kelvin, pathbreaking Irish/British scholar of thermodynamics and the IEC's first president, held 70 patents, including for the adjustable compass and several of the technologies used in the first transatlantic cables, though he was not directly involved in their commercial exploitation. Eugen Wüster, the Austrian founder of terminological lexicography and driving force behind electrotechnical terminological standardization for several decades beginning in the 1920s, started out as a successful industrialist. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 12 from nature (e.g. Trapp and Wallerus 2006:28).13 From the start, the IEC therefore adopted a strong norm that arguments over the specific provisions of a standard or even its desirability had to have a scientific rationale (that would be open to investigation) and be presented in terms of scientific or engineering optimization.14 II.2. Expanding Scope of IEC Governance, 1906 - 2006 While terminology, symbols, and measurement remain important areas of its standardization work, the IEC successively broadened its (claimed) global governance authority over the years. In the 1920s, the IEC added developing standards for consumer products to its portfolio, starting with the (US-chaired) technical committee (TC6) for "lamp sockets and caps." The IEC's committee structure expanded as technology changed, with committees for computing and information processing standards added in the 1960s, laser equipment in 1970s, fiber optics, superconductivity, and wind turbines in the 1980s, fuel cell technology in the 1990s, etc. In addition to broadening, the authority the IEC as a global governor has deepened in recent years. Probably most important for this development has been the Agreement on Technical Barriers to Trade (TBT-Agreement), which is an integral part of the Uruguay Round Final Act and hence binding on all WTO member states. In this treaty, the member states committed themselves and their subunits, effective in 1994, to use international standards as the technical basis for laws and regulations whenever international standards exist that can achieve the legitimate objectives of such laws and regulations, such as health, safety, or consumer protection. In an implicit (and some would argue explicit) act of delegation, the IEC was one of 13 Thus, the meter, which was defined as 1/40,000,000 of the (assumed to be constant) circumference of the earth, was far more palatable as a base metric for length for the kingdoms and principalities of Europe in the 19th century than some neighboring ruler's (ancestor's) foot… 14 These norms, to be sure, were grounded in the broader professional norms of the physicists and engineers that populated the organization. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 13 only three standards-developing organizations recognized in the text of the Agreement as a source of such standards (Marceau and Trachtman 2002).15 Partly as a consequence, many developing countries (including large, fast-growing ones like Brazil and India) often simply adopt IEC standards as domestic standards and require conformity with current IEC standards for market access. Moreover, some newly industrialized countries, such as South Korea, have refrained from setting up a full-fledged standards-development process at the national level. Instead, their national IEC member bodies focus on organizing domestic input into the international standardization process. Similarly, some smaller advanced industrialized countries essentially abandoned national-level standards in the 1990s to concentrate their energies on the regional and international standards-setting processes, allowing Sweden, for instance, to be a very important player within the collective global governor, IEC. But even for Germany's DKE, traditionally one of the biggest sources of national electrotechnical standards, domestic standards-setting had shrunk to 5% of its standards-setting work by 2004 (DKE 2004). Finally, rapid technological development and increasing specialization in recent decades led to the shift of most technical work from broad technical committees to more specialized sub-committees, each with a secretariat (with resources and staff volunteered by a national member body) and a chairman, by custom from a different country (for details see IEC 2006a, 2006b). What explains this evolution of the IEC and specifically the broadening of the range of issues over which it exercises a global governance role?16 Technological development is clearly part of the story and offers again a functional explanation. I propose, however, to think of technological change as merely a necessary condition: Setting up a committee to develop 15 This legal recognition is non-exclusive, but safeguards the IEC against the controversies encountered by some other (mostly US-based) SDOs that have sought to be considered international standards-setters under the terms of the TBT-Agreement. 16 The specific ways in which IEC and other actors "govern" via IEC standards are discussed in the next section. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 14 technical standards that safeguard against magnetic interference from the operation of electrical devices would have made little sense until such interference occurred; a technical committee on fiber optics would have been literally unthinkable until after fiber optics had been invented. Technological developments created the demand for governance. But as noted by Avant, Finnemore, and Sell (this volume), the demand for governance is rarely universal (some would likely prefer the continued absence of governance), and even if it is widespread, demand for governance does not automatically lead to its provision. We therefore must explain why some actors who seek inter-/transnational governance win out over those who oppose it—and supply as well as demand for governance must be explained (Mattli 1999: esp.41ff). I submit that, at a general level, the institutional structure of the IEC provides an explanation both for the predominance of those who seek global governance and for the supply of such governance. Transnational or global technical standardization should always be in the interest of those who are competitive producers and would benefit from increased market size. They are therefore likely to push for the IEC to expand its issue space to cover the technical issue that impedes their global market access by requesting that their national IEC committee propose new/revised standards or the establishment of new technical committees or sub-committees. Moreover, whenever there are network effects or other incentives to settle on a single standard in the end, standards-setting resembles a non-symmetric coordination ("Battle-of-the-sexes") game, shown in Figure 1 with ordinal payoffs. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 15 Player Column: Adopt Standard … Player Row: Adopt Standard … X Y 3 X 4 2 2 1 Y 1 4 3 Figu re 1 Co or dinat io n Ga me w| Distr ibut iona l Co nflict Note: Ordinal payoffs; 2 equilibria: XX, YY. Under these conditions, those who have the technical expertise to develop a particular standard (i.e. make the rules and in that sense supply governance) should be willing to do so as long as the difference between the payoffs a given "player" would obtain at the possible coordination equilibria (i.e., in Figure 1, the difference between obtaining ordinal payoff 3 in the one equilibrium and obtaining 4 in the other) exceeds the costs of supplying governance, conditional on the likelihood of achieving coordination on one's preferred standard. Those who oppose such a broadening of the IEC's issue scope have a number of options, but none of them is particularly promising given the institutional structure of the IEC. They can, to be sure, organize at the national level to keep the national IEC committee from submitting such a proposal to the IEC. Such political opposition may well succeed in any given country, but if those who seek to expand the realm of international standardization can make such proposals in numerous countries, then opponents have to defeat these proposals domestically in each country to keep it from coming up in the IEC—increasingly unlikely as ever more industries have become every more internationally oriented (Milner 1988). Büthe Power of Norms, Norms of Power (Draft 11/4/07) 16 Once the proposal is on the table at the IEC, forestalling the extension of IEC authority requires either building a coalition of national IEC committees opposed to IEC governance or challenging IEC governance in the given realm by establishing competing standards through market mechanisms or through alternative institutional mechanisms. None of these possible courses of action is likely to succeed. While it is certainly possible to build a transnational political coalitions of domestic actors opposed to transnational politics (Bob, this volume), doing so in the IEC would require convincing technical experts who by virtue of being representatives on IEC technical committees devote substantial amounts of time to providing global governance that global governance is a bad thing, at least in the issue area at hand.17 Given the broad-based membership of the IEC, challenging it by seeking competing standards through other organizations is unlikely to succeed, given that creating inter-/transnational institutions is difficult and costly, that a number of other IEC participants would also have to participate for such competing standards to be a serious challenge to IEC standards, and given that the IEC—as an actor interested in its own perpetuation—has struck cooperation and coordination agreements with many other organizations, such as the ISO (joint technical committee 1 and its by now 36 sub-committees). Alternatively, opponents can try to challenge IEC standardization by getting competing standards established through the market mechanism. In particular so-called standards consortia, collaborative ventures of several firms in a given industry, which are usually created to reserve for the participating firms the intellectual property rights to the innovations that arise in the process of developing a particular (set of) standard(s), can be quite successful in establishing de facto standards, sometimes leaving the IEC with little choice but to endorse as an 17 If the argument against IEC standardization were based on specific characteristics of the standard likely to be adopted then the same coalition could presumably ensure the adoption of a different/better standard, so technical arguments are unlikely to be compelling to keep the IEC from developing a standard as such, though they certainly can be successful in changing the specific provisions of that standard. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 17 international standard a technical specification for which some players already hold a patent. But while this may work for any given product, it seems unlikely to succeed for an entire issue area.18 This leaves opponents with the final option of blocking adoption/implementation at the domestic level. As discussed below, this strategy can be lastingly successful, but it does not stop IEC governance for an issue area as such. The institutional structure of the IEC and of international standards-setting thus favors the expansion of the scope of IEC governance by empowering those who (for usually entirely self-interested reasons) seek such an expansion (see also Büthe 2007a). II.3. The IEC as a Non-Governmental Organization IEC has its origin in the decision by the organizing committee for the sixth International Electrical Congress to invite governments to appoint official delegates for a special meeting at the 1904 Congress. Those delegates in turn passed the resolution calling on the technical societies of the world to come together in the "appointment of a representative commission to consider the question of the standardization of the nomenclature and ratings of electrical apparatus and machinery," which led to the 1906 founding of the IEC as sketched above. While the resolution had no legal force and in that sense was simply an assertion of authority, the governmental authorization of the delegates lent it some added legitimacy. Yet, despite this initial seeking of governmental appointment, the IEC was founded and has resolutely remained a non-governmental organization.19 So as to have no "bureaucratic influence imported into the Commission" (IEC 1906:10), national technical societies (i.e., professional societies of electrical 18 Moreover, this course of action would only keep the development of the international standard out of the IEC; it would still lead to the development of an international standard and thus offer little to uncompetitive producers which rely upon standards-induced fragmentation of markets to remain in business. 19 Note, however, that member bodies may be public agencies, hybrid public-private entities, or private bodies with public financial support and regulatory oversight. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 18 engineers, with input from industry as each saw fit) rather than governments were to constitute each country's "local [IEC] committee" and appoint the national representatives to the IEC.20 Governments were to be asked to appoint a local committee only in countries "having no Electrotechnical Institution," and those countries' technical societies, if subsequently founded, could appoint a new local committee once they had been in existence for at least three years (IEC 1906:18, 20). These national "local" committees constitute the IEC's member bodies to this day (see IEC 2007a). Moreover, the founding delegates agreed that "every country joining the Commission [should be placed] on an absolutely equal footing" (IEC 1906:10, 34), with one vote per country whenever decisions were to be taken by vote. A central office staff (financed by similarly equal contributions from by each national member organization) was to coordinate information flow and standardization activities. Why did the founders put such emphasis on IEC being a non-governmental organization, which has persisted to this day? Institutional mimicry may have played some role, as the (nongovernmental) British Institution of Electrical Engineers served as the explicit inspiration for the IEC. But the commitment to the non-governmental character of the IEC had broad support, including from many continental European delegates, because it could serve quite diverse interests. For electrical engineers from Britain and the U.S., self-regulation was among the hallmarks of the traditional liberal profession (law and medicine), which they (along with many other white-collar occupations) sought to emulate (Brint 1994:5).21 In continental Europe with its different political traditions22 and lack of the liberal Anglo-Saxon notion of the "profession" (Jarausch 1990), the explicit recognition of autonomy and self-government in professional and 20 The U.S., today represented by ANSI, was represented initially by the American Institute of Electrical Engineers. And engineering was just starting to become a distinct occupation at the time, see Gispen (1990). 22 See, however, Philip Nord's (1995) historical analysis of France. 21 Büthe Power of Norms, Norms of Power (Draft 11/4/07) 19 industry associations (even if sometimes more apparent than real) compensated for the lack of democracy in political life (Blackbourn and Evans 1991; Sciulli 2005). The sometimes adamantly non-governmental character of the IEC has two important consequences 'til this day. First, it has restricted the fungibility of power resources. Whereas economically or militarily powerful states have in international governmental organizations, such as ITU and WTO, often been able to use seemingly unrelated power resources to influence outcomes—allowing economic interests from these country to sometimes dominate the preferences of smaller/weaker states (through issue linkage and other means, see e.g., Davis 2004; Krasner 1991; Steinberg 2002)—attempts at direct governmental interference in IEC standardization are considered illegitimate and rarely even tried (Mattli and Büthe 2003). Here, norms really have power: Consensus procedures in the standards-setting process guarantee that all arguments for or against specific provisions of a standard or even its desirability have to be considered and accommodated, if possible—except when they fail to provide a scientific or engineering rationale that can be investigated, in which case the technical committee may simply dismiss them for lack of a "technical basis."23 Second and relatedly, the non-governmental nature of the IEC has caused the organization to operate "under the radar" of IPE scholars that take a statist analytical approach to questions of global governance (e.g., Drezner 2007). Its important role in global governance has therefore been overlooked. 23 None of this is to say that all countries are equal in IEC standardization, notwithstanding the one-country-one-vote rule, which has so far only half-heartedly and unsuccessfully been challenged, most notably by the U.S. Countries with greater scientific and engineering expertise and an ability and willingness to devote more of those resources to the IEC standardization process clearly are in a better position to influence IEC standards than poor, developing countries, ceteris paribus, see Büthe and Witte (2004). Büthe Power of Norms, Norms of Power (Draft 11/4/07) 20 III. IEC Standards as Instruments of Governance Standards are (written) norms. An IEC standard (e.g. IEC 61000) specifies in often highly technical language the characteristics that a phenomenon or device should exhibit in order to be considered a device of the particular type that is defined through the standard (e.g. an electromagnetically compatible TV or vacuum cleaner). Standards as such are "merely" prescriptive; they are not binding rules. They become instruments of governance only if those whose behavior they target have legal, material, normative, or other incentives to adopt, implement, or comply with the standards. To understand the role of IEC standards in global governance and properly answer the question of who governs, we must consider five stages in what I call the governance sequence (see also Avant, Finnemore, and Sell, this volume): first, agenda setting in the IEC, focused on the decision whether an international standard for a particular product or process should be developed; second, rule making, that is the process of developing any specific IEC standard; third, the adoption or implementation of the IEC standard by manufacturers and other potential users; fourth, the monitoring of compliance with the IEC standard; fifth, enforcement of compliance in cases where compliance is mandatory.24 For each of these activities, I seek to identify the key groups with a stake in IEC governance, their motivations and resources, and why they do or do not play a role. III.1. Agenda Setting in the IEC Proposals for the IEC to begin work on developing a standard can be made only by an IEC member. The members, as noted above, are the "national committees" of the IEC, i.e., the 24 I do not here consider adjudication, which takes place, with respect to IEC standards, at three levels. The IEC's SMB (described below) adjudicates between competing claims of authority between different technical committees. Second, the IEC has set up various arrangements with other international organizations with which a conflict of responsibility might arise (ISO, ITU, etc.). Third, national and supranational judicial institutions, such as the WTO Dispute Settlement Mechanism, deal with conflicts of interest over the (ab)use of IEC vs. differing domestic standards (e.g. as non-tariff barriers to trade). Büthe Power of Norms, Norms of Power (Draft 11/4/07) 21 dues-paying, national-level electrotechnical societies or official bodies (see IEC 2007b). How any given national IEC committee decides whether or not to make a proposal to the IEC if any of its domestic constituents (scientists, firms, government regulators, consumer advocates, etc.) requests that it do so, depends upon the decisionmaking procedures of each national committee, that is, on the domestic institutions. If it is a proposal to revise and existing standard, the proposal is made in the technical committee with responsibility for the standard to be changed; the members of the committee, only, decided whether to act on the proposal. If the proposal is for a new standard, the IEC central office circulates it among all the members of the IEC for discussion and a vote. This is the main agenda-setting stage, which should be analytically distinguished from the standardsdeveloping process (below). At this point, the member organizations decide "only" whether to put the development of an IEC standard for a particular issue/product/part on the agenda of work to be done in the near future, often without yet having at hand any specific ideas regarding the content of that potential standard. If the national member bodies vote in favor of developing an IEC standard for a given issue or product, then an important next step in IEC governance is carried out by a special committee of the organization, the "Standardization Management Board" (SMB). The SMB today consists of 15 members and a non-voting chairman. 25 Six of the 15 seats on the SMB are reserved for the six member bodies that make the largest contributions to the IEC budget and provide the staff support for the largest number of technical committee secretariats. The remaining nine seats are filled through elections in the assembly of the member body presidents 25 The IEC general secretary also sits on the committee, ex officio (i.e. s/he has no voting power). Büthe Power of Norms, Norms of Power (Draft 11/4/07) 22 (the "Council") for three-year terms (IEC 2005, Art.10). 26 The SMB wields considerable power, coordinating the work of 178 IEC technical committees and subcommittees (TCs) with their 449 working groups and the 1357 standards projects underway, most importantly by appointing TC secretariats and chairmanships, assigning individual standards projects to particular TCs, and adjudicating jurisdictional conflicts between the TCs (IEC 2005, 2007d).27 In sum, at the agenda-setting stage, the key actors are the national member bodies of the IEC (particularly those active in the TCs), with special powers reserved for the six largest contributors to the IEC's work and the nine elected members of the SMB. Within theses national IEC member bodies, the primary actors tend to be firms, especially manufacturers of electrical and electronic products and energy/power suppliers, and secondarily electrical/electronics engineers as a profession. A full analysis of who exercises how much influence through the member bodies is beyond the scope of this chapter, since they differ considerably in their legal status, organizational structure, and voting rules. But since agenda-setting is conducted via the IEC member bodies, it is clear that domestic institutions play an important role in this realm of global governance. III.2. Rule Making: The Development of an IEC Standard The actual technical work of standards setting is carried out in IEC's technical committees or subcommittees (TCs) and their "working groups" and "project teams." These committees and groups are staffed by (often highly specialized) technical experts, mostly from industry but also from government regulatory agencies, academia, and research laboratories. 26 For the six appointed seats, budget contributions and committee secretariats are each calculated as a percentage of the total and the percentages are added together. Should this lead to a tie for the sixth seat, committee secretariats are given greater weight (IEC 2005, Appendix 1). For the election of the remaining nine seats, the Rules of Procedure stipulate that member bodies aim for a "balanced geographical distribution" among qualified candidates. 27 Number of projects underway is for 12/31/2006. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 23 IEC also encourages the participation of labor union representatives and consumer groups, though they constitute only a small portion of the ca. 10,000 technical experts directly involved in IEC standards setting worldwide.28 The participating experts (or their public or private sector employers) volunteer their time, and the resulting technical documents become the common property of the IEC. As far as the rule-making function of global governance is concerned, it is these technical experts who collectively govern. Individual technical experts, however, cannot claim this power on their own. Participation in a technical committee (TC) is limited to those nominated for such a role by their respective national member bodies of the IEC (each of which may nominate several individuals to a given committee, albeit with only one vote collectively). Accordingly, the experts on any TC are to represent the interests of their country's stakeholders as a whole, as established (if so) through the national institutions. Every full member body has the right to nominate participants with voting rights to every committee (which makes the member body a "P-member" of that committee); associate members can become P-members of up to four technical committees only (though they may send technical experts without committee-level voting rights to any number of additional committees). Moreover, standards setting takes place in five stages, as illustrated in Figure 2 and discussed in greater detail in Büthe and Witte (2004:37ff). After the "Planning" or "Proposal" stage, during which preliminary, often informal discussions within and among member bodies leads to the submission of a proposal to develop or revise a standard as discussed above, a first working draft of the new standard is developed during the Preparatory Stage (if the initial proposal is successful). This draft takes into account comments and specific submissions from 28 Many member bodies create "shadow committees" at the domestic level to coordinate input from stakeholders in their respective countries. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 24 the national member bodies represented on the TC that is charged with developing the standard, but is usually drawn up by the leader of a "project team" within that committee. The work then moves to the committee level, where a full-fledged draft standard is developed with participation from all P-members of the TC during the third "Committee" stage (the standard usually goes through several drafts during this stage, with increasing specificity). During the fourth "Enquiry" stage, the bilingual Committee Draft is circulated among all of the national member bodies (regardless of committee representation) for comment and an initial vote. If the Committee Draft passes this vote, the TC may proceed to revising the standard one last time to take into account technical comments that may have been submitted along with or in lieu of a vote. The resulting revised standard is then during the "Approval" stage circulated among all national member bodies as a Final Draft International Standards (FDIS) for a two-months up or down vote (member bodies may vote "abstention"). If approved, the standard is then published by the central office within two months. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 25 1 2 3 4 5 Figure 2 5-Stage IEC Standardization Process Since the specificity of the standard increases as it moves through the five-stage process, early involvement in the process is key to exercising influence (Mattli and Büthe 2003; Büthe and Witte 2004). This makes national member bodies that are involved at the TC level—and able to formulate a coherent position on behalf of their domestic constituencies in a timely fashion—the key actors for the rule-making process. That said, the Enquiry Stage procedures (and to a lesser extent the final Approval Stage vote) ensure that stakeholders from a broader spectrum of countries will also have an opportunity to make their voice heard: For both stages that involve formal voting, every member body has one vote, effectively retaining the onecountry-one-vote system that was set up in 1906. At both stages, moving forward requires that two-thirds of the P-members of the committee that developed the standard vote in favor of the Büthe Power of Norms, Norms of Power (Draft 11/4/07) 26 draft and that no more than 25% of all vote-casting member bodies vote against it. At either stage, if the draft or final draft does not gather the required level of support, it is referred back to the TC, which may either drop the standardization project or re-start the process from stage 2 or 3. Consensus procedures require (at stages 2 trough 4) that all criticisms, objections, or suggestions for improvement of a standard are taken up for substantive discussion and accommodated if possible, though only if underpinned by specific technical arguments. This procedure ensures that sometimes intense conflicts of political-economic interest are blunted, if only in appearance, because they are carried out in terms of scientific/engineering optimization and highly technical language (see Mattli and Büthe 2003). III.3. Adoption—Implementation—Compliance As noted in the introduction, a standard as such is merely an explicit norm. Setting standards by no means guarantees that those whose behavior the norm seeks to influence will in fact adopt or implement the standard, i.e. act accordingly. And the actors at the implementation stage differ from those during the two prior stages except in an ideal-typical case of selfregulation. Reasons for compliance vary for technical standards, just as for other norms. Electrical engineers use the standard international nomenclature and units of measurement, developed by the IEC in its early decades—Ampere, Volt, Hertz, Ohm, etc.—in part simply because they are practical: The internal logic and the relationship between the basic units used in the IEC definitions, along with the reliance on the decimal system, allow simple calculations of various properties of electric phenomena and electronic devices (see Figure 3). But even more important are the positive network externalities obtainable from using these standards: since they are familiar and have an agreed-upon definition around the globe, using them facilitates basic and Büthe Power of Norms, Norms of Power (Draft 11/4/07) 27 applied scientific communication, ensures that product specifications and information about energy use, interoperability, etc. will be easily understood by suppliers and customers, and thus stimulates commerce. Figure 3 International System of Units, incl. Electro-technical Units Note: Source: NIST, "Relationships Among the SI Units", http://physics.nist.gov/cuu/Units/SIdiagram.html The flipside is that standards (and technologies) with strong network effects are hard to dislodge even by technically superior (more rational or more efficient) ones—the persistence of an institution may have very different causes from its creation (Büthe 2002; 2006; 2007a; Pierson 2000; 2004; Thelen 2000). For the same reason, if prior standards differ, harmonization on a single standards entails switching costs at least for some, which may be sufficiently high to ensure that standard nomenclatures or technologies are not adopted—as illustrated by decades of resistance to the introduction of metric units for distance, volume, and weight in the United States. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 28 Essentially the same logic drives decisions about the adoption/implementation of electrotechnical standards by firms. Positive network externalities and the technical quality of standardized solutions to a practical problem create incentives for implementing IEC standards in one's production processes; switching costs create disincentives. But for commercial actors, additional competitive and political considerations come into play. Consumer demand may create pressure for implementation;29 conversely, if deviating from a standard provides an opportunity for product differentiation, producers may consciously decide not to implement the standard.30 Divergent producer-specific standards, especially when they are proprietary, also provide an opportunity to create a captive consumer base: Having unique shapes and placements of connectors between battery and cell phone, for instance, is what allows cell phone service providers to sell replacement batteries at a substantial markup over technically equivalent, but not interoperable batteries. In the implementation decisions discussed so far, the actors are economic agents such as firms, each of which is acts independently, even though network effects mean that many are faced with the decision to implement even if they had no involvement at the agenda-setting or standards-setting stages. 29 Since many IEC standards are primarily used for industrial goods sold from one firm to another, this makes those who make decisions about inputs, such as purchasing managers, key actors in this stage of the standards governance process. 30 Such non-compliance with international standards for product differentiation purposes may—but need not—lead to lower performance: At one extreme is quality-reducig non-compliance in order to cut production costs. While the IEC urges technical committees to specify in international standards the most cost-effective way to address a given problem (if they specify a particular solution at all, rather than simply specifying performance requirements that any given manufacturer's solution must meet), IEC standards generally reflect what is technologically feasible to meet actual or imagined consumer demand in advanced industrialized countries. As a consequence, an electric appliance with metal exterior parts may have double-insulation, auto-shut-off to guard against overheating, and numerous other safety features—which make producing it so expensive as to price it out of the market of many developing countries. Producing for these markets may then require using less stringent standards. At the other extreme, the invention of a new, superior technical solution to a product safety problem might be incompatible with the design specifications of an existing international standard; a firm may nonetheless use it precisely to be able to say that its products are even better than those manufactured to the current international standard. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 29 Instead, local or national governments may be the key actors at this stage if they decide to incorporate IEC standards directly into laws or regulations, or if they reference IEC standards in those legal documents.31 Strictly speaking, economic actors (most often: firms) then still face the individual decision whether to implement the stipulations of the standard, but compliance is no longer voluntary but required. This in turn increases the incentives for firms not to remain atomistic actors but to organize—via industry organizations, issue-specific lobby groups, or via the domestic standards developing organization that is the country's representative in the IEC— to oppose such regulatory measures, if they do not like the content of the international standard, or possibly to ask that governments require compliance with the given standard, so as to level the playing field (Vogel 1995). And as the literature on the faces of power reminds us, politicians' responsiveness to the preferences of key social or economic groups might not require explicit demands but may take place in anticipation. A final motivation for adoption/implementation is firms' anticipation of the consequences of non-compliance in the event of civil litigation, most importantly product liability lawsuits. Since these standards often define "best practice" implementing them often provides one of the few available safeguard against being sued (or against being in a weak position if sued). Firms may therefore try to make sure that their products comply with the applicable IEC standards even if they do not advertise that fact or seek certification for it. This is in fact a key reason why larger manufacturing firms often have a standards manager. 31 The IEC now has a page on its website to guide government agencies in referencing IEC standards, so as to facilitate such referencing in such a way as to make it compatible with continuous updating of the standard as technology develops rather than having governments reference a specific (and possibly soon outdated) version of the standard. Several IEC standards in recent years have been developed because the European Commission has asked the European regional standards developing organization for electrotechnical standards, CENELEC, to develop a standard for a given product or issue so as to allow the EU to reference it in a directive or regulation, prompting CENELEC to request a joint IEC-CENELEC standardization process, so as to have standardization take place at the broadest possible level. In such cases, governments or the EU already play a leading role at the agenda-setting stage, though it is of course possible that these are cases of industry-capture. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 30 III.4. Monitoring As the IEC became increasingly involved in setting standards for industrial and consumer products in the post-WWII period, the question of how to safeguard the value of its trademark (i.e., the value of firms being able to say that their product is manufactured to any particular IEC standard) became more prominent. As the IEC website puts it: "How can the industrial user and the final consumer be sure that the product they buy conforms to the criteria of an IEC standard?" (IEC 2007e). Conformity Assessment has been the IEC's answer. IEC conformity assessment operates largely like a certification scheme (Cashore, Auld, and Newsom 2004; Meidinger, Elliott, and Oesten 2003; Prakash and Potoski 2006): Producers submit their products to a conformity assessment body, which uses a series of IEC-standard-specific but otherwise general procedures to test it. If the product conforms to the specifications of the particular standard, the conformity assessment body certifies this finding and grants the producer a license to use its name in conjunction with statements about the product's compliance with that IEC standard. National member bodies of the IEC can either conduct conformity assessment themselves or accredit independent laboratories within their respective countries to carry out IEC conformity assessment.32 In either case, the IEC does not itself accredit the conformity assessors, but instead oversees a system of "peer assessment" among the different national member bodies to verify the competence and veracity of the conformity assessment bodies within each participating member country. In many countries, conformity assessment is delegated to independent labs and agencies, such as Underwriter Laboratories (UL) in the U.S. 32 There are in fact three distinct IEC conformity assessment schemes, though their general logic is the same: IECEE (-CB or -FCS) for electrotechnical equipment and components, IECQ for quality assessment of electronic components, and IECEx for "electrical equipment for explosive atmospheres." Büthe Power of Norms, Norms of Power (Draft 11/4/07) 31 Moreover, each national member body decides for each standard whether to participate in the IEC-sponsored conformity assessment scheme for that standard or not. This decision is completely independent of any decision whether to participate in the standards-setting work for the standard. A decision to participate in IEC conformity assessment for a given standard, however, entails a commitment to mutual recognition of conformity assessments for this standard by any accredited conformity assessment body in any of the countries whose member body participates in IEC conformity assessment for the standard. In monitoring adoption, implementation or compliance, the national member bodies thus again play a central role, but the main actors are the conformity assessment bodies (CAB). A specific CAB may organizationally be a part or subsidiary of a national IEC member body or it may be accredited by the IEC member body, but for purposes of fulfilling the monitoring governance function, it is acting independently. Alternatively or in addition, anyone can become an agent for monitoring by testing products for compliance and publicizing the results; and when governments write IEC standards into laws and regulations or incorporate them by reference and thus make compliance mandatory, they may empower public regulatory agencies to monitor (and possibly enforce) compliance. Strictly speaking, such government agencies monitor compliance with the law or regulation, but whenever IEC standards constitute the technical basis for these measures, governments directly become actors in the governance of electric or electronic technology at the monitoring and enforcement stage, even when they played no direct role at the rule-making or implementation stage. III.5. Enforcement Firms making capital investments or buying inputs (or, more rarely, individual consumers making purchase decision) can provide "enforcement" if they demand compliance of a product Büthe Power of Norms, Norms of Power (Draft 11/4/07) 32 with certain standards and refrain from purchasing it (or demand a lower price) if it fails to do so. Such enforcement works in part through the market mechanism, relying on a mix of Hirschmannian exit and voice, and is likely to have its greatest effect because its anticipation motivates firms to adapt, or comply with, the standard. Actual "enforcement" action by these actors (in the sense of ex post punishment for non-compliance) should be rarely observable, making it difficult to assess the magnitude of the effect. Notice, however, that the key actors here are third parties—economic agents, including firms other than those whose products or actions are the direct target of the standards—who have played no significant role at prior stages of the governance process.33 The other key actors for enforcement are governments or state bureaucracies. States that use IEC standards in, for instance, consumer and workplace safety regulations tend to put in place various enforcement mechanisms. Regulatory agencies are often empowered to levy fines for non-compliant behavior; private actors may be empowered to bring suits against noncompliant firms, thus involving the judiciary in enforcement. A comprehensive analysis of the full range of ways to bring public authority to bear to enforce compliance with laws and regulations that (may) make norm-consistent behavior mandatory is beyond the scope of this chapter but not necessary to make the main point for purposes of the current analysis: governmental actors that had little role during previous stages, especially during agenda-setting and rule-making, may play a key role at the enforcement stage. By contrast, the IEC itself— including its national member bodies—plays hardly any significant role at this stage. 33 Except through anticipation of their reaction at the adoption/implementation stage. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 33 IV. No Plug for Globetrotters? Power plugs are fundamentally connectors: They (should) allow the user of electrical devices, such as household appliances and portable light fixtures, to connect those devices to any source of sufficient and safe electrical power. A sketch of the history of their (non)standardization provides a telling illustration of the effects of the changing cast of actors during the stages of governance outlined in section IIII. From a functional perspective, plugs and their counterparts ("outlets" or "sockets") should be designed such as to allow any safe connection and inhibit unsafe ones. Given that, at the household level on which I will focus here, there are two common voltages in the world (110-120V in the U.S. and (consequently) large parts of the Western Hemisphere, Japan, Madagascar, Libera, and Saudia Arabia; 220-240V everywhere else)34 and given that supplying household devices with the "wrong" voltage can damage the device and endanger the user, there should be two sets of mutually incompatible plug and socket designs. Instead there are two (unidirectionally compatible) plug types for the 110-120V system and at least eleven different plug types for the 220-240V system, a few of which are mutually or unidirectionally compatible, but most of which are incompatible and sometimes (such as the Israeli 3-pin plug and socket) unique to a single country (e.g., McGregor 2007).35 The result (beyond inconvenience to travelers) is the fragmentation of markets, the loss of economies of scale, and the creation of incentives to resort to often unsafe multi-standard solutions (see, e.g., IDC 2007). 34 A discussion of the reasons for this divergence and further distinctions, such as between 50Hz and 60Hz systems, are beyond the scope of this brief overview. 35 Unidirectional compatibility here refers to a case where plug type 1 is compatible with socket type 1 and socket type 2, but plug type 2 (compatible with socket type 2) is incompatible with socket type 1. The U.S. 2-pin and 3-pin plugs and outlets are an example of such unidirectional compatibility. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 34 A pre-WWII initiative of Dutch and other European electricity suppliers to standardize plugs and sockets among European countries was cut short by the outbreak of the war, and early postwar work in the revived IEC TC 23 produced little more than an inventory of diversity. But it was supposedly first and foremost frustration with inconsistencies in standards for electrical installations (wiring) that resulted in part from the diversity of plugs and sockets (and intensified concern about consumer safety, which is poorly served by some plug-socket combinations) that let to the formation of a special IEC subcommittee in 1970 to develop a "worldwide plug and socket outlet system" (see IEC 2007f). The initiative received some support from major, internationally competitive manufacturers of electrical devices and a small number of individual scientists and electrical engineers committed to improving the safety of power plugs and sockets. These discussions led to a Committee Draft that might have been technically optimal but had been developed sufficiently in isolation that it ran into vehement opposition at the Enquiry Stage of the standards development ("rule-making") process: Its flat pins design would have allowed for no backwards compatibility in any of the 220-240V countries and thus would have required a sudden switch at massive cost. After several additional years' work, the IEC committee developed a dual standard with round pins for 220-240V systems in 1986 (IEC 60906-1), and a new standard with flat pins for 110-120V systems in 1992 (IEC 60906-2). The three-pin plug of IEC 60906-1 was technically unambiguously superior to virtually all plugs previously used in 220-240V countries; it was combined (and perfectly compatible) with a two-pin design that had many of the benefits of the primary, three-pin design while allowing for backwards compatibility with almost all of the sockets in use in European countries and some non-European ones. This should have made the Büthe Power of Norms, Norms of Power (Draft 11/4/07) 35 transition to the new global standard plug for 220-240V systems relatively easy, if led by manufacturers of electrical devices, with building codes and socket manufacturers following suit. Yet, twenty years later, not a single country has IEC 60906-1-type sockets—concerns over switching costs and the loss of a technical barrier to trade that was providing economically significant protection for uncompetitive local industries drove the sometimes intense opposition to any legislative or regulatory commitment to the new standard. In the absence of that route to implementation, any breakthrough for the new standard would have required adoption by a large number of economic actors that lacked an institutional mechanism to coordinate their actions, making change very unlikely, given network effects. As a consequence, the global standard has not taken hold, although Brazil has announced plans for 2009 to phase in a variant on IEC 60906-1 type plugs and sockets.36 In sum, contrary to what the international traveler might reasonably think, there is an international plug standard, which offers a real technical improvement under a variety of conditions.37 But due to the multitude of actors and domestic interests in avoiding switching costs and preserving protectionist barriers, the standard has never made it past the rule-making stage. 36 Note, however, that the two-pin plug standardized in IEC subcommittee 23 as part of 60906-1 became the basis for what is today known as the "Europlug," developed subsequently by CENELEC and almost universally used on any appliances sold in continental Europe and some parts of Africa and Asia. 37 Given the different voltages, this standard was never going to help the transatlantic traveler. Ironically, most of the typical devices used by travels—such as hair dryers, electric shavers, and laptop computers—are today designed to auto-adjust to voltages between 110 and 240 V and frequencies between 50 and 60 Hz, thus making it safe to use them in both systems, but since this is not true for all appliances, a single global standard would not even be desirable as long as the difference in voltage persist. Büthe Power of Norms, Norms of Power (Draft 11/4/07) 36 V. Concluding Discussion As a corollary of the rationalization and ever greater division of labor that are the hallmarks of Weberian modernity, we take for granted the functioning of infrastructures and technologies that most of us do not understand. We want sewer systems to carry our wastewater without emitting unpleasant odors or feedback into the fresh water supply; we think we should be able to plug in electrical devices without worrying about them getting damaged or burning down the house; we are delighted if x-ray machines can wirelessly transmit the image of our bone structure onto the physician's computer screen if that speeds up our visit to the hospital or improves the quality of care. In short, we desire and expect all kinds of technology to be safe, durable, and reliably deliver a certain level of performance without any need for us to worry about how this result is achieved. Technical standards allow for this to happen. And since they succeed, by and large, there is a strong temptation to think that technical standards are just about science. But science is not monolithic. Because science is a social process (Weber 1991 (1919)), it is far from certain that a unique technically optimal solution will be reached, even when (or if) it exists. And because standards are instruments of governance and standardization is therefore a political process, it is far from certain that any technical maximum/optimum constitutes a socio-political equilibrium. Understanding global governance of electro-technology therefore requires political analysis of the actors in the process, the global governors. The cast of actors is diverse and changes across the five stages of the governance process examined here. Outcomes arise from the interactions between these agents and are therefore unlikely to be simply a manifestation of the preferences of any one actor. 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