나노物質의 環境侵害責任에 關한 小考
The Liability for Environmental Pollution Damages to Nanomaterials
소재선(경희대학교); 이창규(경희대학교)
36권 1호, 671~708쪽
초록
Nanotechnology is the study of manipulating matter on an atomic and molecular scale. Generally, nanotechnology deals with developing materials, devices, or other structures possessing at least one dimension sized from 1 to 100 nanometres. Nanotechnology is very diverse, ranging from extensions of conventional device physics to completely new approaches based upon molecular self-assembly, from developing new materials with dimensions on the nanoscale to investigating whether we can directly control matter on the atomic scale. Nanotechnology entails the application of fields of science as diverse as surface science, organic chemistry, molecular biology, semiconductor physics, microfabrication, etc. There is much debate on the future implications of nanotechnology. Nanotechnology may be able to create many new materials and devices with a vast range of applications, such as in medicine,electronics, biomaterials and energy production. On the other hand, nanotechnology raises many of the same issues as any new technology, including concerns about the toxicity and environmental impact of nanomaterials, and their potential effects on global economics, as well as speculation about various doomsday scenarios. These concerns have led to a debate among advocacy groups and governments on whether special regulation of nanotechnology is warranted. Calls for tighter regulation of nanotechnology have occurred alongside a growing debate related to the human health and safety risks of nanotechnology. A nanomaterials have a potential risk, the proposed regulation must be prepared for it. Proposed regulation of translation in risk of nanomaterials. Nanomaterials are very small, if the person enters the body, can be applied to environmental liability law. Up to now, for damage due to the risk of nanomaterials has not occurred, a discussion of the proposed discipline is the actual situation is not enough this. Remedy is necessary due to limitations of the application of liability law, with the damage of nanomaterials, especially as ex-post remedy. Bailout of nanomaterials damage, must be carefully explored to the extent that it does not inhibit the development of nanotechnology. This is the sense of being able to recognize the economic value added with nanotechnology, to harmonize and Regulations. Thus, the enactment of the doctrine of discipline about the dangers of nanomaterials, it is necessary to the accumulation of information through a number of studies. Reason that the risk of nanomaterials revealed to date, which is to prevent all aspects of research or development of nanotechnology, there is no effectiveness. Therefore, upon to provide a remedy to prepare for the damage of nanomaterials, without interfering with the promotion of the development of nanotechnology, must be able to regulate risk. For this reason, the presentation of the proposed remedy, shall be fully reflects the professional opinions of scientists related to nanotechnology
Abstract
Nanotechnology is the study of manipulating matter on an atomic and molecular scale. Generally, nanotechnology deals with developing materials, devices, or other structures possessing at least one dimension sized from 1 to 100 nanometres. Nanotechnology is very diverse, ranging from extensions of conventional device physics to completely new approaches based upon molecular self-assembly, from developing new materials with dimensions on the nanoscale to investigating whether we can directly control matter on the atomic scale. Nanotechnology entails the application of fields of science as diverse as surface science, organic chemistry, molecular biology, semiconductor physics, microfabrication, etc. There is much debate on the future implications of nanotechnology. Nanotechnology may be able to create many new materials and devices with a vast range of applications, such as in medicine,electronics, biomaterials and energy production. On the other hand, nanotechnology raises many of the same issues as any new technology, including concerns about the toxicity and environmental impact of nanomaterials, and their potential effects on global economics, as well as speculation about various doomsday scenarios. These concerns have led to a debate among advocacy groups and governments on whether special regulation of nanotechnology is warranted. Calls for tighter regulation of nanotechnology have occurred alongside a growing debate related to the human health and safety risks of nanotechnology. A nanomaterials have a potential risk, the proposed regulation must be prepared for it. Proposed regulation of translation in risk of nanomaterials. Nanomaterials are very small, if the person enters the body, can be applied to environmental liability law. Up to now, for damage due to the risk of nanomaterials has not occurred, a discussion of the proposed discipline is the actual situation is not enough this. Remedy is necessary due to limitations of the application of liability law, with the damage of nanomaterials, especially as ex-post remedy. Bailout of nanomaterials damage, must be carefully explored to the extent that it does not inhibit the development of nanotechnology. This is the sense of being able to recognize the economic value added with nanotechnology, to harmonize and Regulations. Thus, the enactment of the doctrine of discipline about the dangers of nanomaterials, it is necessary to the accumulation of information through a number of studies. Reason that the risk of nanomaterials revealed to date, which is to prevent all aspects of research or development of nanotechnology, there is no effectiveness. Therefore, upon to provide a remedy to prepare for the damage of nanomaterials, without interfering with the promotion of the development of nanotechnology, must be able to regulate risk. For this reason, the presentation of the proposed remedy, shall be fully reflects the professional opinions of scientists related to nanotechnology
- 발행기관:
- 법학연구소
- 분류:
- 법학