The Eu And Nanotechnologies

This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

Examining one of the fastest growing industries in the world, Ronit Justo-Hanani compares the distinctly different approaches between both sides of the Atlantic when regulating the health, safety and environmental risks of nanotechnology and its novel properties.

An examination of nanotechnology as a lens through which to study contemporary democracy in both theory and practice. In Democratic Experiments, Brice Laurent discusses the challenges that emerging technologies create for democracy today. He focuses on nanotechnology and its attendant problems, proposing nanotechnology as a lens through which to understand contemporary democracy in both theory and practice. Arguing that democracy is at stake where nanotechnology is defined as a problem, Laurent examines the sites where nanotechnology is discussed and debated by scientists, policymakers, and citizens. It is at these sites where the joint production of nanotechnology and the democratic order can be observed. Focusing on the United States, France, and Europe, and various international organizations, Laurent analyzes representations of nanotechnology in science museums, collective discussions in participatory settings, the making of categories such as “nanomaterials” or responsible innovation” in standardization and regulatory arenas, and initiatives undertaken by social movements. He contrasts American debates, in which the concern for public objectivity is central, with the French “state experiment,” the European goal of harmonization, and the international concern with a global market. In France, public debate proceeded in response to public protest and encountered a radical critique of technological development; the United States experimented with an innovative approach to technology assessment. The European regulatory approach results in lengthy debates over political integration; the United States relies on the adversarial functioning of federal agencies. Because nanotechnology is a domain where concerns over anticipation and participation are pervasive, Laurent argues, nanotechnology—and science and technology studies more generally—provides a relevant focus for a renewed analysis of democracy.

Nanotechnologies in Food provides an overview of the products and applications of nanotechnologies in agri-food and related sectors. Following on from the success of the first edition, this new edition has been revised and updated to bring the reader fully up to date on the emerging technological, societal, and policy and regulatory aspects in relation to nanotechnologies in food. This book contains new chapters discussing some of the aspects that have attracted a lot of debate and research in recent years, such as how the regulatory definition of ‘nanomaterial’ is shaping up in Europe and whether it will result in a number of exciting food additives being regarded as nanomaterials, how the new analytical challenges posed by manufactured nanoparticles in food are being addressed and whether the emerging field of nano delivery systems for food ingredients and supplements, made of food materials or other soft/degradable polymers, can raise any consumer safety concerns. The edition concludes by discussing the future trends of the technological developments in the area of nanotechnologies and potential future ‘fusion’ with other fields, such as biotechnology and synthetic biology. This book provides a source of much needed and up-to-date information on the products and applications of nanotechnology for the food sector - for scientists, regulators, and consumers alike. It also gives an independent, balanced, and impartial view of the potential benefits as well as risks that nanotechnology applications may bring to the food sector. Whilst providing an overview of the state-of-the-art and foreseeable applications to highlight opportunities for innovation, the book also discusses areas of uncertainty in relation to public perception of the new technological developments, and potential implications for consumer safety and current regulatory controls. The book also discusses the likely public perceptions of nanotechnologies in the light of past technological developments in the food sector, and how the new technology will possibly be regulated under the existing regulatory frameworks.

This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

"This publication describes the unique nature of nanotechnology, bringing innovation to every aspect of human existence. The publication outlines nanoscience and nanotechnology dedicated research expenditure in Europe over recent years, in particular via the 7th research framework programme (FP7). An overview is given of the main sectors where nanotechnology is enabling significant progress. It highlights a selection of exemplary projects financed through FP7 that are representative of major research themes, such as nanoelectronics, nanophotonics, nanobiotechnology, nanomedicine, self-assembly, catalysts, industrial applications, energy and environment, tools for investing the nanoscale, health/safety/environment and communication/societal impact. Looking forward, the final chapter focuses on future economic benefits for Europe, such as improving health care, rejuvenating traditional industries and bringing solutions to the most major challenges facing Europe, a secure affordable energy supply and reduced greenhouse gas emissions."--Editor.

Ever since the discovery that very small particles of some substances evince different properties than the substances do in ‘bulk’ form, there has been an interest in developing ‘nanomaterials’ for commercial and industrial purposes. Although some nanomaterials exist in nature, most are chemically engineered for application in a wide variety of processes, ultimately entering the environment in many foods, drugs, cosmetics, clothing, sports goods, pesticides, packaging products and electronics, as well as in the particularly controversial form of tiny ‘machines’. Since the long-term effects of these new, laboratory-created materials and tools on health and the environment are unknown ; and as the particles are so small they can frustrate measuring and monitoring devices ; there has been a growing call for regulation of their use. This is the first book to offer a thorough analysis of the problems posed by nanotechnology in the context of existing legal schemes and trends, focusing on initiatives and debates in the European Union but also considering developments at the global level and in the United States, Canada, Australia, Japan and China. Setting out how the current debate has arisen, how existing law deals with the issues arising around nanotechnology in areas such as patent rights and manufacturers’ liability, and how various international organizations are searching for some global consensus, the book addresses topics and issues including the following: patentability of nanomaterial products and processes; trade secrecy and nanotechnology; waste and disposal issues; occupational health and safety issues; international initiatives – OECD, FAO, WHO, UNEP and the International Conference on Chemicals Management (ICCM); intersection of nanotechnology with the most important fields of economic development; the extent to which exclusive rights have been registered over early developments in nanotechnology; the practical viability of pre-market toxicity investigation and postmarketing vigilance; contractual and tortious approaches to real or potential liability for harm; application of the precautionary principle in law and regulation; and political responses to existing legislation. Nanomaterials are already a commercial reality; the regulatory debate centres on the question of how to maximize the benefits they may offer while also limiting the risk from unforeseen hazards. This book clearly and comprehensively describes the range of issues relating to the legal framework and practicalities for commercial exploitation of nanotechnologies, and as such will prove of great value and importance to corporate counsel in many manufacturing sectors as well as to regulators and policy makers in environmental and trade law. Lorna is a partner in the London office of Bird & Bird LLP.