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Rights based approach and human enhancement

Monday, July 2, 2007

Most NGO and human rights activists are familiar with rights-based approach:

In a human rights-based approach, human rights determine the relationship between individuals and groups with valid claims (rights-holders) and State and non-state actors with correlative obligations (duty-bearers). It identifies rights-holders and their entitlements and corresponding duty-bearers and their obligations, and works towards strengthening the capacities of rights-holders to make their claims, and of duty-bearers to meet their obligations
If you have no water the state shall provide, if you have no electricity the state shall provide (if you are poor, you shall be subsidized). Supposed that 60 percent of the world's citizen has internet connection, and those who are not is left out, should the state provide broadband to the other 40 percent?

Now, with regards to human enhancement. Supposed that IQ can be enhanced and that the minimum average IQ for working is 124, should the state also provide funds for the enhancement? I would answer in positive. There seems to be no end to rights based approach. Because, at the same time, there would be no end to inequality, no end to what is regarded as a "basic need".

 

Why are poor countries, poor? Corruption

Reason magazine published a good article explaining why poor countries will remain poor, taking the case of Cameroon:

More important, why can't the Cameroonian people seem to do anything about it? Couldn't Cameroonian communities improve their schools? Wouldn't the benefits easily outweigh the costs? Couldn't Cameroonian businessmen build factories, license technology, seek foreign partners, and make a fortune?

Evidently not. Mancur Olson showed that kleptocracy at the top stunts the growth of poor countries. Having a thief for president doesn't necessarily spell doom; the president might prefer to boost the economy and then take a slice of a bigger pie. But in general, looting will be widespread either because the dictator is not confident of his tenure or because he needs to allow others to steal in order to keep their support.

The rot starts with government, but it afflicts the entire society. There's no point investing in a business because the government will not protect you against thieves. (So you might as well become a thief yourself.) There's no point in paying your phone bill because no court can make you pay. (So there's no point being a phone company.) There's no point setting up an import business because the customs officers will be the ones to benefit. (So the customs office is underfunded and looks even harder for bribes.) There's no point getting an education because jobs are not handed out on merit. (And in any case, you can't borrow money for school fees because the bank can't collect on the loan.)

Law is an agreement, it makes things clear so that people can play in accordance to an agreed rule. Or would we rather use force?

 

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EU sanction on Indonesian airlines -- some legal obligations

Thursday, June 28, 2007

I forgot to mention one legal obligation that can be derived from the sanction: a travel agent operating in EU territory would be obliged to inform the passengers if they are booking non-favoured airlines.

Imagine what the effect would be for Indonesian tourism industry.

 

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EU's "incrimental approach" in regulating nanomaterials

We've had discussions on the Berkeley's regulation and I have posted some articles on EU's REACH. Here's an article explaining existing EU's regulatory infrastructure applicable to nanomaterials/nanoparticles and its weaknesses:
The European Commission has adopted a so-called ‘‘incremental approach’’, which focuses on adapting existing laws to regulate nanotechnologies, and therefore this paper aims to test the effectiveness of the ‘‘incremental approach’’. Three commercially available products containing fullerenes (C60 and carbon nanotubes) were analysed in a life cycle perspective in order to (1) map current applicable regulations, (2) analyse their applicability to nanomaterials, (3) identify their gaps, and (4) suggest proper solutions.
Read the full paper here.

My general observation: the paper still based itself on "emission" paradigm. Thus, the playing field is in the lowering of permissible emission. An important point here is that the paper suggested "free nanoparticles" to be exclusively categorized under the REACH and that it should be specifically registered. Interestingly, the paper recommends bottom-up nanoparticle to be regarded as "new substance".

 

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Indonesian airlines 'punished' by the EU

European Union is a standard-freak, we all know that. They regulate everything from the amount of detergents allowed to be spilled into sewerage to the position of labels in wine bottles. These regulations are good, they ensure safety and consumer protection, for EU citizens.

But hey, the EU also has a substantial "market power", they can also regulate foreign private parties to comply with their laws. If you want to land on our airports, make sure you comply with our safety standards, otherwise, get the hell outta here. Nice:
All Indonesian airlines including national carrier Garuda are to be banned from the European Union. "European citizens should avoid flying with these carriers," an EU official said. "They are really unsafe."

The new list, decided upon following advice from an EU air safety committee, is expected to be formalised within a week. Garuda flew to Rome and Amsterdam until 2005, and is planning to resume services to Amsterdam in 2008.

The idea or regulating things based on territoriality is normal. But look also at the indirect effect of this regulation: warning people not to take Indonesian airlines, because they are unsafe. Now that's a market power!


 

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Environmental Defense and Du Pont Launched Nano Risk Framework

Tuesday, June 26, 2007

Webcast of the Nano Risk Framework is available at the Woodrow Wilson International Center for Scholars here.

Here's a glimpse of the "Framework":

The Nano Risk Framework is designed to be a comprehensive, practical and flexible tool for documenting and communicating the steps a user has taken to evaluate and address potential risks of nanoscale materials. The Framework offers guidance on the key questions an organization should consider in developing applications of such materials, and on the critical information needed to make sound risk evaluations and risk management decisions.

 

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Your Nanotechlaw Reading List

Sunday, June 17, 2007

  1. ITAR-TASS

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    MOSCOW, June 4 (Itar-Tass) -- A drat law authorising the creation of a nanotechnology corporation in Russia has been submitted to the State Duma.

    to nanotechnology+law russia ... on june 07

  2. Meridian Institute Nanotechnology and Development News

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    A draft law has been submitted to the State Duma, Russia’s lower house of parliament, authorizing the creation of a state-run nanotechnology corporation that will “seek to implement scientific, technological and innovation policies, and facilitate the

    to nanotechnology+law russia ... on june 07

  3. Nanotechnology Law Framework

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    to nanotechnology+law ... on june 02

  4. Nanotechnology, Privacy and Shifting Social Conventions

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    Nanotechnology promises (or perhaps threatens) to change the way we live. Like other novel technologies, nanotechnology will allow us to do new things, and so will present us with new choices. Importantly, nanotechnology may also influence the very values

    to nanotechnology+law health+law custom ... on may 30

  5. nanotechnology regulation

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    http://nanotechlaw.blogspot.com/2006/12/so-called-berkeley-nanotechnology.html (viewed 15/01/07). 44 DEFRA “Voluntary Reporting Scheme for engineered ...

    to nanotechnology+law ... on may 26

  6. Workplace Exposure To Nanomaterials and The Question Of Will Nano Be The Next Asbestos

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    Workplace Exposure To Nanomaterials and The Question Of Will Nano Be The Next Asbestos Topics Covered Background Insurers Nanotechnology Safeguards Commercial Products Evidence Of Probable Harm Associated With Workplace Exposure To Nanomaterials Diseases

    to nanotoxicity workplace regulation nanotechnology+law environmental+law health ... on feb 28

  7. Nanotoxicology at the University of Florida

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    Even those skilled in particle characterization face difficult challenges when faced with nanomaterials in the physiological environment. Schemes for dispersion such as changes in pH or the use of dispersion aids are difficult to implement in the body wi

    to nanotechnology+law nanotoxicity environmental+law ... saved by 1 other person ... on feb 07

  8. Opinion on the ethical aspects of nanomedicine

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    What are the challenges for future laws and regulations? The challenges are primarily: - the risk evaluation for nanomedicine may not be adequate in all areas; - the implementation of risk evaluation measures should be carried out in a scientifically soun

    to nanotechnology medicine nanomedicine health eu+law law nanotechnology+law ... on feb 02

  9. Growing nanotechnology problems: navigating the patent labyrinth

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    Nanowerk News) Carbon nanotubes (CNTs) belong to the most exciting nanomaterials discovered so far and the buzz associated with them has to do with their amazing properties. Depending on their structure, they can be metals or semiconductors. They exhibit

    to nanotechnology+law patent carbon+nanotube ... on jan 31

  10. Scientific Technology Options Assessment - STOA (Important links for eu nanotech law)

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    The social and political relevance of nanotechnology and its applications are beginning to crystallise. Citizens will be confronted with nanotechnology applications at work, as consumers, or through the possible effects on the environment, public health a

    to eu eu+law nanotechnology+law nanotechnology+regulation parliament environmentregulation ... on jan 17

  11. Nanotechnology and Regulation within the framework of the Precautionary Principle

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    Some elements of the Precautionary Principle exist in different regulation approaches. The regulation of Chemicals especially the proposal of the REACH regulation as well as the regulation of pharmaceuticals are examples for a precautionary approach with

    to eu nanotechnology+law nanotechnology+regulation environmental+lawprecautionary+principle ... on jan 17

  12. Article on Intellectual Property - 12 JAN.pdf (application/pdf Object)

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    The challenges in the nanotechnology intellectual property arena are numerous. The battles have moved from

    to nanotechnology+law patent ipr toblog ... on jan 13

  13. Search

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    Nanotechnology and the United States National Plan for Research and Development in Support of Critical Infrastructure Protection Lisa Campbell Canadian Journal of Law and Technology Volume 5, Number 3, November 2006 December 29, 2006 TOC Harmonization of

    to nanotechnology+law nanotechnology+regulation ... saved by 3 other people ... on dec 30

  14. 2006-12-05 Item 13 Manufactured Nanoparticle Health and Safety Disclosure.pdf (application/pdf Object)

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    AMENDING BERKELEY MUNICIPAL CODE (BMC) SECTION 15.12.040 TO ADD SUBSECTION I AND AMENDING BMC SECTION 15.12.050 TO ADD SUBSECTION C.7, REGARDING MANUFACTURED NANOPARTICLE HEALTH AND SAFETY DISCLOSURE BE IT ORDAINED by the Council of the City of Berkeley a

    to nanotechnology+law berkeley nanotechnology+regulation environmental+law ... on dec 28

  15. Environmental Regulation of Nanotechnology : Some Preliminary ...

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    Environmental Regulation of Nanotechnology:. Some Preliminary Observations. by Glenn Harlan Reynolds. T. he relationship between new technologies and the en .

    to nanotechnology+law nanotechnology+regulation environmental+law ... on dec 28

  16. Nanotechnology & Regulation

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    “Environmental Regulation of Nanotechnology: Some Preliminary ... conclusion, and a critical one, is that nanotechnology regulation is a process

    to nanotechnology+law nanotechnology+regulation ... on dec 28

  17. REGULATORY CONSIDERATIONS FOR NANOTECHNOLOGY IN PUBLIC HEALTH

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    to nanotechnology+law health+law nanotechnology+regulation ... on dec 26

  18. Regulations for Nanotechnology in Consumer Products

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    to eu+law consumer+protection nanotechnology+law nanotechnology+regulation ... on dec 26

  19. globeandmail.com: The promise and perils of nanotechnology

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    to nanotechnology+law nanotechnology+regulation nanotoxicity, environmental+law ... on dec 23

  20. Nanotech NIOSH to Issue Guidance for Employers

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    "The presence of an occupational health surveillance program – represented at the minimum level as a needs assessment – indicates that workplaces have taken appropriate steps in evaluating and preventing potential occupational exposures," Trout said l

    to niosh osha nanotechnology+law nanotechnology+regulation ... on dec 16

  21. Nanotechnology Policy and Environmental Regulatory Issues

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    to nanotechnology+law environmental+law ... on dec 11

  22. Reproductive Rights Blog: Liquid Condom Introduced in China

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    to nanosilver nanotechnology+law china condom health+law ... on dec 07

  23. Chinese float liquid condom concept | The Register

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    to china design health product science sex toblog condom nanotechnology+law nanosilver ... saved by 23 other people ... on dec 07

  24. The Volokh Conspiracy - Regulating Nanosilver:

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    to nanotechnology+law nanosilver environmental+law ... on dec 07

  25. EPA Region 5: Federal Insecticide, Fungicide, and Rodenticide Act

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    to fifra pesticide environmental+law epa nanotechnology+law nanosilver ... on dec 07

  26. Deciding the Future of Nanotechnologies: Legal Perspectives on ...

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    to nanotechnology+law nanotechnology+regulation ... on dec 07

  27. Legal Lookout: Nanotechnology : EPA Considers How to Proceed

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    to epa nanotechnology+law nanotechnology+regulation environmental+law ... on dec 07

  28. EUROPA - Rapid - Press Releases

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    to nanotechnology+law nanotechnology+regulation risk eu+law ... on dec 04

  29. REACH is not enough, new labelling method might be required

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    to nanotechnology+law nanotechnology+regulation nanotechnology nanotoxicity eu+lawreach chemical ... on dec 04

  30. Section Nanotechnology Project - Nanotechnology Law - ABA Section of Environment, Energy, and Resources Law

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    aba's briefing paper in nanotech

    to nanotechnology+law aba ... saved by 1 other person ... on dec 01

  31. European Union Nanotechnology Law | Stanford Law School

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    to eu+law nanotechnology+law ... on nov 23

  32. P6_TA-PROV(2006)0392

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    european parliament action plan on nanotech

    to eu+law nanotechnology+law ... saved by 1 other person ... on nov 21

  33. Nanotech the IP issues

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    For example, a paper from Lawrence Letham which highlights general legal issues relating to nanotech, a general IP trend on nanotech from Chemical and Engineering magazine, Nanotech patent application in Japan from D. Kanama, Nanotech patent trends by Kal

    to nanotechnology nanotechnology+law patent ipr ... on nov 20

  34. Berube on Michael Taylor's analysis

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    Everyone knows the FDA is missing tools for regulating cosmetics like it does drugs. And everyone knows the FDA needs a bigger budget if we are going to ask it to treat all nanoproducts it regulates as "new" rejecting the bio-equivalence fast lane. We kno

    to nanohype fda drugs nanotechnology+law ... on nov 15

  35. Nanotechnology under the Toxic Substances Control Act | Prevention, Pesticides and Toxics (OPPTS) | US EPA

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    to epa tsca environmental nanotechnology+law ... on oct 29

  36. Connotea: msredsonyas's bookmarks for http://www.epa.gov/oppt/nano/index.htm

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    to nanotechnology+law tsca epa environment ... on oct 29

  37. FDA needs industry support on nanotechnology

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    to fda health+law nanotechnology+law ... on oct 10

  38. Let practicality guide nanotechnology regulation

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    to nanotechnology+law nanotechnology+regulation ... on sept 15

  39. Nanotech-Regulation.pdf (application/pdf-Objekt)

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    to nanotechnology+law ... on sept 15

  40. Patenting Nanotechnology - an Overview of the Current Climate and Explanation of Classification 977

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    to nanotechnology ipr patent nanotechnology+law ... on sept 12

  41. The Journal of Philosophy, Science & Law - Nano-Conceptions

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    to nanotechnology+law ... saved by 1 other person ... on sept 10

  42. OnPoint -- 03/01/2006 -- Nanotech: RFF's J. Clarence Davies explains the need for new nanotechnology law

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    to nanotechnology+law ... on sept 10

  43. SSRN Electronic Library

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    ssrn page on nanotech

    to nanotechnology regulation nanotechnology+law ... saved by 26 other people ... on sept 08

  44. SSRN-International Regulatory Regimes for Nanotechnology by Kenneth Abbott, Sandeep Gopalan, Gary Marchant, Douglas Sylvester

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    to nanotechnology+law ... on sept 06

  45. Blawg Republic News Search: nanotechnology

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    to be reviewed and discussed on the blog

    to nanotechnology+law ... on sept 06

  46. WorldChanging: Tools, Models and Ideas for Building a Bright Green Future: Nanotechnology and the Developing World: The Regulatory Gap

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    regulatory gap

    to nanotechnology+law ... saved by 2 other people ... on aug 18

  47. SciDev.Net

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    regulatory gap in nanotech

    to nanotechnology+law ... on aug 18