Transnational Regulation of Nanotechnology: Institutional Diversity in Agenda Setting and State Support

Risk regulation in the context of new technologies like biotechnology, gene therapy and nanotechnology has been one of the most contentious subject areas and has not only spawned reams of academic literature but has also driven investment in fundamental research to investigate such risk perceptions (Fraiberg and Trebilcock, 1998). The risk debate at the international level emerged primarily in the context of international trade regimes. Prior to the debate on GM (genetic modification) technology, risks emanating from specific technologies were seen to be primarily a technocratic issue which would be dealt with domestically by national governments (Jasanoff, 1995; Hackett et al, 2008). With the establishment of the WTO, a number of issues which were hitherto considered to be primarily domestic policy issues were linked to the international trade regime and consequently became legitimate areas of international policy making and regulation. IP rights, food standards and environmental standards all became linked in terms of their impact on international trade (Berstein and Hannah, 2008; Jones, 2002) and therefore their regulation would have to conform to certain agreed norms of equity and proportionality underlying the international trade obligations of member countries.