| Author: | Heselhaus, S. |
| Title: | Nanomaterials and the precautionary principle in the EU |
| Journal: | Journal of Consumer Policy
2010 : MAR, VOL. 33:1, p. 91-108 |
| Index terms: | european union consumer law consumers |
| Freeterms: | nanotechnology |
| Language: | eng |
| Abstract: | This paper focuses on the risks of nanomaterials and nanotechnologies. It also examines the challenges they pose to European consumer law. These risks are exemplary for the sociological phenomenon of modern risk society. Normally, in law important functions in risk societies are fulfilled by the precautionary principle. This article argues that the precautionary principle applies at least to health protection as a core part of consumer protection. Basically EU law is well equipped to deal with uncertainties. The European Commission has adopted a rather modest approach although there is pressure to apply the precautionary principle to nanomaterials and nanotechnologies. This paper suggests a burden sharing in financing taking into account both the precautionary principle and the principle of proportionality in order to deal with the gap in basic research and methodology. |
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