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The Spread of Nanotechnology Risk Regulation: The EU’s Global Regulatory Influence

European Union
Regulation
Ronit Justo-Hanani
Tel Aviv University
Ronit Justo-Hanani
Tel Aviv University

Abstract

This paper explores the significant role of the European Union (EU) in promoting nanotechnology risk regulation worldwide. In contrast to the early 2000s when nano-specific risk regulations were mainly a European phenomenon, since approximately 2017 it has become increasingly recognized international model. Countries around the globe have gradually crafted nano-specific provisions that cover the use of nanomaterials and establishe clear implementation mechanisms. Other countries are currently discussing nano-safety regulations. The global debate has clearly shifted, elevating the importance of proactive and precautionary approach to nanotechnology in the international regulatory scene. Not only have governments adapted to the proactive approach, but so too have nanotech companies. In this paper, I explore how the EU has influenced the regulatory choices of other nations. The central argument is that regulatory capacity-building, at both the national and supranational levels since the early 2000s, to update regulations in the face of technological and regulatory uncertainties, now offers the EU important tools for shaping regulatory policies internationally. Moreover, its adaptive and proactive regulatory strategy serves as a proxy for the EU to lead regulatory developments. I further isolate the mechanisms available to the EU to both formally and informally influence global nanotechnology risk regulation and governance. The paper is organized into three parts. The first describes the dominance of the EU in setting nanotechnology environmental, health and safety rules. This is followed by a description of the policy tools at work in the diffusion of the proactive nano-specific risk regulations. The final section concludes with some theoretical implications of the argument.