Counting on codes: An examination of transnational codes as a regulatory governance mechanism for nanotechnologies

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.     

‘Netting nano’: Regulatory challenges of the Internet and nanotechnologies

The rapid progression of the Internet has impacted dramatically on contemporary society, transforming communications, business and trade. The global nature of the Internet has challenged traditional models of regulation. What has emerged is a new international framework, governed by an increasing number of actors and regulatory processes. By drawing upon the regulatory experience of the Internet, including an examination of the forces and dynamics that have shaped the regulatory framework, this paper considers the regulatory developments of another emerging and ubiquitous technology, nanotechnologies. It examines the rapid advancement and promise of nanotechnology-based products and processes, and the policy and regulatory challenges facing government, regulators, and industry alike. The paper argues that while the regulatory future for nanotechnologies appears to be uncertain, and highly contested, regulatory regimes will most likely reflect the commodities and services that the technology helps to produce. Anything other than this is unlikely because the ‘nanotechnology genie’ is already out of the bottle, and regulatory issues will evolve as the nature of the technology itself evolves.