Legal and practical challenges in classifying nanomaterials according to regulatory definitions
- Author(s)
- Martin Miernicki, Thilo Hofmann, Iris Eisenberger, Frank von der Kammer, Antonia Praetorius
- Abstract
The European Union (EU) has adopted nano-specific provisions for cosmetics, food and biocides, among others, which include binding definitions of the term “nanomaterial”. Here we take an interdisciplinary approach to analyse the respective definitions from a legal and practical perspective. Our assessment reveals that the definitions contain several ill-defined terms such as “insoluble” or “characteristic properties” and/or are missing thresholds. Furthermore, the definitions pose major and so far unsolved analytical challenges that, in practice, make it nearly impossible to classify nanomaterials according to EU regulatory requirements. An important purpose of the regulations, the protection of human health and the environment, may remain unfulfilled and the development of innovative applications of nanomaterials may be facing a path full of (legal) uncertainties. Based on our findings, we provide five recommendations for a more coherent and practical approach towards the regulation of nanomaterials.
- Organisation(s)
- Department of Business Law
- External organisation(s)
- University of Natural Resources and Life Sciences
- Journal
- Nature Nanotechnology
- Volume
- 14
- Pages
- 208-216
- No. of pages
- 9
- ISSN
- 1748-3387
- DOI
- https://doi.org/10.1038/s41565-019-0396-z
- Publication date
- 03-2019
- Peer reviewed
- Yes
- Austrian Fields of Science 2012
- 505003 European law, 105906 Environmental geosciences, 210004 Nanomaterials
- Keywords
- ASJC Scopus subject areas
- Condensed Matter Physics, Bioengineering, Atomic and Molecular Physics, and Optics, General Materials Science, Electrical and Electronic Engineering, Biomedical Engineering
- Sustainable Development Goals
- SDG 3 - Good Health and Well-being
- Portal url
- https://ucrisportal.univie.ac.at/en/publications/cd9a24a6-ff69-483d-a32f-d10ea025819c