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Tentative governance by soft regulation – the case of nanotechnologies

Tentative governance by soft regulation – the case of nanotechnologies. Bärbel Dorbeck-Jung b.r.dorbeck-jung@utwente.nl Contribution to Conference Tentative Governance in Emerging S&T 28/29 October 2010. Soft regulation.

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Tentative governance by soft regulation – the case of nanotechnologies

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  1. Tentative governance by soft regulation – the case of nanotechnologies Bärbel Dorbeck-Jung b.r.dorbeck-jung@utwente.nl Contribution to Conference Tentative Governance in Emerging S&T 28/29 October 2010

  2. Soft regulation Soft regulation: rules of conduct which in principle have no legally binding force, but which nevertheless have effects in regulatory practice to achieve certain policy goals (Senden 2004). Examples: technical standards, codes of conduct, best practices

  3. Central question • How can soft regulation enhance responsible nanotechnological development? Answers… • Effectiveness problems • Effectiveness enhancement (lessons)

  4. (Potential) effectiveness problems nano soft regulation 1. Voluntary self-reporting schemes 2. Voluntary codes of conduct 3. Voluntary nano reference values at the workplace → implementation and compliance problems, questions on appropriateness regulatory tool

  5. Effectiveness enhancement • Framework of responsive regulation (Ayres and Braithwaite 1992; Baldwin & Black 2008; Dorbeck-Jung et al 2010) • Unit of analysis: (multi-level) governance system (Hood et al 2001) • Co-evolutionary institutional perspective

  6. Effectiveness interrelated conditions (lessons) • Consistent & unambiguous regulation • Strong binding force • Strong interest in compliance • Supportive implementation • Knowledgeable oversight • Responsive enforcement and adaptation

  7. Exposure limits nano-materials NL Regulatory system: • EU directives and principles (precautionary and ALARA) • National legislation • International standards • Safety guidelines • Ministerial recommendation on nano reference values (NRVs) → multi-level hard and soft regulation

  8. Consistent and unambiguous regulation • Regulatory system seems to be consistent • However, parts are ambiguous (general duty to care, EU principles and Aug. 2010 Ministerial Recommendation on NRVs ) → Improve unambiguity

  9. Strong binding force soft regulation → Confer binding force (Recommendation Dutch Minister on NRV’s) → Attribute quasi-legal status (harmonized standards)

  10. Strong interest in compliance • Reputational advantages • Economic advantages • Keeping the advantages of soft regulation → More insights into interests needed

  11. Supportive implementation/compliance • Strengthen interests in implementation • Information distribution • Provide guidelines • Funding → Extent measures

  12. Summary and conclusion • Lessons • Next steps: - empirical research - translational research: taking social learning seriously → NanoNext projects on governance arrangements, standardization, regulatory partnerships

  13. The end Thank you for your attention !!

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