Trends in Global Nanotechnology Regulation: The Public-Private Interplay

50 Pages Posted: 24 Sep 2014

See all articles by Reut Snir

Reut Snir

Bar-Ilan University - Faculty of Law

Date Written: September 23, 2014

Abstract

Over the last decade, concerns regarding potential exposure to nanomaterials gave rise to substantial new regulation intended to ensure safe development of nanotechnology applications. This article examines the resultant regulatory system through empirical analysis of trends and patterns in global development of nanotechnology regulations. It argues that rather than a government-driven process, it was private actors who set in motion the regulatory 'wagon'. This article shows that under conditions of scientific uncertainty, governments lacking technical and scientific knowledge to support risk-based regulation often leave a regulatory void. Consequently, businesses apply self-risk-management strategies to fill the gap, leading the way for public regulation to follow. Thus, it is the continual interplay between public and private regulations that shapes the current landscape and drives the regulatory innovation. This article further shows that while formal partnerships are rare, an informal and self-organized collaboration is occurring through reciprocal signals of intent and tacit understanding of the internal and external factors that drive both public and private regulations. It concludes that due to some unique aspects of nanotechnology, private regulation has (and is likely to continue to have) a prominent role in regulating nanotechnologies.

Keywords: nanotechnology, risk governance, regulatory pluralism, private regulation, beyond compliance, emerging technologies, scientific uncertainty

Suggested Citation

Snir, Reut, Trends in Global Nanotechnology Regulation: The Public-Private Interplay (September 23, 2014). Vanderbilt Journal of Entertainment & Technology Law, Vol. 17, 2015. Available at SSRN: https://ssrn.com/abstract=2500240

Reut Snir (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

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