Documents Bowman, Diana M. 8 results

"Ultraviolet radiation is recognized as a human carcinogen by the International Agency for Research on Cancer, the world's authority on cancer research. In particular, exposure to ultraviolet radiation can lead to melanoma of the skin, which is the deadliest form of skin cancer in the United States. Yet despite the significant public health burden that is associated with skin cancer in the United States, each year over a million Americans engage in indoor tanning where exposure to artificial ultraviolet radiation occurs. In this article, we argue for an immediate ban on the use of commercial indoor tanning by minors and, based on international precedents, the phasing out of all commercial tanning operations in the United States. We consider the use of indoor tanning devices in the United States, epidemiological data on indoor tanning devices and cancer, regulation of tanning devices, and scientific evidence for increased government intervention."

"This article examines the rise of nanotechnology-specific codes of conduct (nano-codes) as a private governance mechanism to manage potential risks and promote the technology. It examines their effectiveness as well as their legitimacy as regulatory instruments in the public domain. The study first maps the rise of voluntary nano-codes and the roles played by different actors. Focusing on five specific nano-codes, the article then discusses their adequacy in terms of scientific uncertainty, gaps in existing regulatory regimes, and broader societal concerns. It concludes that these voluntary nano-codes have weaknesses including a lack of explicit standards on which to base independent monitoring, as well as no sanctions for poor compliance. At the same time it also highlights the potential power of these governance mechanisms under conditions of uncertainty and co-regulation with government. It is likely that nano-codes will become the “first cut” of a new governance regime for nanotechnologies. "

"There is little doubt that the development and commercialisation of nanotechnologies is challenging traditional state-based regulatory regimes. Yet governments currently appear to be taking a non-interventionist approach to directly regulating this emerging technology. This paper argues that a large regulatory toolbox is available for governing this small technology and that as nanotechnologies evolve, many regulatory advances are likely to occur outside of government. It notes the scientific uncertainties facing us as we contemplate nanotechnology regulatory matters and then examines the notion of regulation itself, suggesting new ways to frame our understanding of both regulation and the regulatory tools relevant to nanotechnologies. By drawing upon three different conceptual lenses of regulation, the paper articulates a wide range of potential regulatory tools at hand. It also focuses particularly on the ways various tools are currently being used or perhaps may be employed in the future. The strengths and weaknesses characterising these tools is examined as well as the different actors involved. The paper concludes that we will increasingly face debate over what is likely to work most effectively in regulating nano technologies, the legitimacy of these different potential approaches, and the speed at which these different regimes may be employed. "

"The implementation of the European Union's comprehensive new regime for chemicals, as governed by the Registration, Evaluation, and Authorisation of Chemicals (“REACH”) Regulation, signals a fundamental shift in the way in which manufactured and imported chemical substances will be regulated within the E.U. While REACH does not expressly refer to nanoscale substances, the wide scope of the regime will ensure that nanoscale substances are captured under its provisions. This article presents a brief overview of the new E.U. chemicals regime. It then evaluates the regulatory stance adopted by the E.U. within the context of nanotechnology, including a shift in burden of proof regarding safety to industry, the express inclusion of the precautionary principle within Article 1, and the use of mass as a trigger for registration and testing procedures. The authors conclude with a discussion on the broader and longer term impact of REACH on manufacturers and importers of nanoscale substances and products containing nanoparticles, with particular reference to the implications of REACH beyond the E.U."

"Rapid technological advances and commercialisation within the emerging field of nanotechnology will challenge traditional regulatory regimes. Yet while the promising nanotechnology phenomenon has attracted extensive scientific and commercial interest, there has been only limited debate on the associated regulatory and legal aspects. This paper examines the current domestic and international regulatory frameworks into which nanotechnology is now being thrust. Using the context of the world's leading public sector investors, the United States and Japan, as well as Australia and the United Kingdom, the effectiveness of these regulatory frameworks is investigated. The paper argues that current national frameworks relevant for nanotechnology contain visible gaps. Furthermore, these regulatory fissures are magnified at the international level. As an example, the paper examines the role of the World Trade Organisation's Trade-Related Intellectual Property Rights Agreement and its applicability as one important regulatory mechanism in the commercialisation of nanotechnology. This paper concludes that if we can now learn from past regulatory successes and failures, nanotechnology offers a unique opportunity to re-evaluate the efficacy of current regulatory regimes, thereby circumventing some of the primary regulatory difficulties experienced with earlier technological advances."

"In November 2009 the member states of the European Union (EU) agreed to recast some 55 directives relating to cosmetics into a single regulation on cosmetic products that is intended, among other things, to streamline human safety requirements and increase transparency. The adoption of this regulation is significant, not least because it is the first piece of national or supranational legislation to incorporate rules relating specifically to the use of nanomaterials in any products."

"As scientists and technologists discover how to engineer matter at the nanoscale in increasingly sophisticated ways, conventional approaches to ensuring safe use are being brought into question. Nanotechnologies are challenging traditional regulatory regimes; but they are also prompting new thinking on developing and using emerging technologies safely. In this Handbook, leading international authors from industry, government, non-governmental organisations and academia examine the complex and often controversial regulatory challenges presented by nanotechnologies. Across several disciplinary boundaries, they explore how the future regulatory landscape may evolve. From the Europe Union to the United States, workplaces to personal products, and statutory instruments through to softer approaches, it is clear that considerable vigilance will be needed in governing these powerful and novel technologies. To succeed, society will need new thinking, new partnerships and new mechanisms to balance the benefits of these technologies against their possible downsides. Anything less will prompt cries of illegitimacy and potentially compromise a promising new realm of technology innovation.

This Handbook draws on contributions from leading nanotechnology regulation scholars around the globe. It goes beyond articulating how certain nanotechnologies are currently regulated and the significance of existing regulatory gaps, to assessing how the future regulatory landscape may evolve. As well as considering potential legislative responses that could be employed by governments, the Handbook examines a range of other options available to stakeholders. The Handbook employs new and innovative lenses through which to view these regulatory challenges and by adopting an in-depth, systematic and whole-of-life-approach, synergistically combines contributions from many countries, many fields and many disciplines. Informative and insightful, it presents thought-provoking and stimulating perspectives on the coming nano-age and on how we as citizens will govern its future. "

"Our growing ability to manufacture materials at the atomic scale will change our lives for the better, and tomorrow's nano-economy will outperform today's information age. Or so its proponents claim. Others maintain that a future dominated by commercial incentives risks a toxicological nightmare to rival the sorry global story of asbestos.This important volume is a timely contribution to increasing international calls to regulate nanotechnologies. By investigating the ways in which we could regulate these advances, and what we are learning from regulating existing biotechnologies and information technologies, the book debates the roles of government, business actors and the professions in protecting and enhancing the lives of citizens. In placing particular emphasis on the lessons of earlier technology advances, this study is unique in its broad consideration of the ethical, legal and social issues entwined within the development of the nanotechnology family. The multi-jurisdictional and interdisciplinary nature of the book will appeal to governments, academics, and civil societies across many parts of the world, whilst also remaining accessible to informed readers with an interest in nanotechnology and the policy and governance issues associated with technology development and regulation."