Nanotechnology and the Products of Inherited Regulation

Bibliographic Data

ID11449654
AuthorsElen Stokes (University of Wales, corresponding author)
Year2012
Volume39
Issue1
Pages93-112
Publication date2012-03-01
Open AccessYes
TypeARTICLE
VenueJournal of Law and Society (JOURNAL)
Journal identifiersISSN: 0263-323X • E-ISSN: 1467-6478
PublisherWiley (PUBLISHER • GB)
DOI10.1111/j.1467-6478.2012.00572.x
OpenAlexW2047788690
LanguageEN
Citations received14

New technologies do not always elicit new regulatory responses. More often than not, policymakers deal with new technologies by deferring to existing regulatory regimes. This article argues that there are often overlooked consequences of grafting a new technological area, displaying different types of risks and uncertainties, onto an existing regulatory framework. Not only can it entail the application of ill‐suited rules and standards, but it can also involve the reproduction of deeply ingrained traditions and assumptions which, under the weight of history, makes scrutiny extremely difficult. As is shown here, nanotechnology‐enhanced products inherit a raft of consumer protection rules as well as a regulatory predisposition to internal market facilitation. So entrenched is the focus on market opening that making ad hoc changes to existing regulations to incorporate the broader concerns around nano‐products cannot escape the reach of a very powerful market context

Biology · Business · Context (archaeology · Emerging technologies · Industrial organization · Nanotechnology · Political science · Risk analysis (engineering · Scrutiny · Corporate Law and Human Rights · International Environmental Law and Policies · Law · World Trade Organization Law

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