Ever since the discovery that very small particles of some substances evincedifferent properties than the substances do in ‘bulk’ form, there has been aninterest in developing ‘nanomaterials’ for commercial and industrial purposes.Although some nanomaterials exist in nature, most are chemically engineeredfor application in a wide variety of processes, ultimately entering theenvironment in many foods, drugs, cosmetics, clothing, sports goods,pesticides, packaging products and electronics, as well as in the particularlycontroversial form of tiny ‘machines’.Since the long-term effects of these new, laboratory-created materials andtools on health and the environment are unknown ; and as the particles are sosmall they can frustrate measuring and monitoring devices ; there has been agrowing call for regulation of their use.This is the first book to offer a thorough analysis of the problems posed bynanotechnology in the context of existing legal schemes and trends, focusingon initiatives and debates in the European Union but also consideringdevelopments 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 theissues arising around nanotechnology in areas such as patent rights andmanufacturers’ liability, and how various international organizationsare searching for some global consensus, the book addresses topics and issuesincluding 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 InternationalConference on Chemicals Management (ICCM);;intersection of nanotechnology with the most important fields of economicdevelopment;;the extent to which exclusive rights have been registered over earlydevelopments in nanotechnology;;the practical viability of pre-market toxicity investigation andpostmarketing 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 centreson the question of how to maximize the benefits they may offer while alsolimiting the risk from unforeseen hazards. This book clearly andcomprehensively describes the range of issues relating to thelegal framework and practicalities for commercial exploitation ofnanotechnologies, and as such will prove of great value and importance tocorporate counsel in many manufacturing sectors as well as to regulators andpolicy makers in environmental and trade law.
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