INTERNATIONAL POSTGRADUATE LEGAL RESEARCH CONFERENCE 2015
MOHAMMAD ERSHADUL KARIM
FACULTY OF LAW, UNIVERSITY OF MALAYA
24 March 2015

• Non-practicing lawyer enrolled with Bangladesh Supreme Court.
• Doctoral Candidate in Nanotechnology Law and policy in University of Malaya,
Malaysia.
• Editor, Chancery Law Chronicles, First Ever Online Database of Bangladesh
Laws [www.clcbd.org]
• National Contributor for Bangladesh, Yearbook of International Environmental
Law, Oxford University.
• Chapter Experts on Legal System of Afghanistan, Bangladesh, Bhutan, Iran,
Maldives, Myanmar and Nepal for GlobaLex, New York University.
• Editorial Co-ordinator, Journal of East Asia and International Law, South Korea
[Thompson Reuter ISI-Indexed Journal]
• Foreign Researcher, Kyoto Comparative Law Center, Japan.

• Introduction
• Uses and Applications
• Environmental Concerns
• International Environmental Law
• Municipal Regulations
• Present Status on Regulation
• Concluding Thoughts

 Human history is described by different ages
- stone age, bronze age, iron age
- fire > electricity invented
- ICT > Biotechnology
- Next ? [The answer is ‘Nanotechnology’, a magic by 2025]
 Nanotechnology is the catalyst for ‘next industrial revolution’, ‘the wave of the future’.
 Nanotech is coined as ‘generic tech’ [diversified as IT]; enabling tech [add new features]; transformative technology [similar effects like steam engine, electricity]
 It is now in a stage where IT was in 1960s and Biotechnology was in 1980s. Also, compared with Plastic Revolution of 1960s.
 Academics are similarly enthusiastic. Between Aug. 2008-July 2009, 91,500 papers were published [90% by 15 countries]

Its better to describe than to define as more than 30 definitions are available.
Two sets of definitions available- single based e.g. US NNI and list base e.g.
EPO
Case-by-Case approach and ‘Do not Define’.
Nano means ‘one-billionth’. So, one nanometer (nm) means ‘one billionth a meter’.
A sheet of paper = 100,000 nm thick, one inch= 254,00,000 nm, human hair
= 75,000 nm.
Nano>Nanoparticle>Nanomaterial>Nanotechnology
At the nanoscale (under 10-20nm), materials behave
.
That’s the ultimate regulatory challenge.

Nano is an scale of measurement- like meter, kilometer, centimeter, bite, byte, kilobyte, megabyte, etc.

Nanoparticles are ubiquitous in nature- in fume, dust, clay, butterfly, gecko, etc. [ Natural ]
Nanoparticles were used in ancient Greece, Rome, China and India.
[ Accidental ]
Nanoparticles which can be manipulated at atomic scale [ Engineered ].
Scientists are able to add different criteria and thus can make lighter, stronger, durable, efficient products with ENPs.

• NMs were present in ‘Damascus steel’ used in ancient and medieval period.
• Silver nano was used in ancient Greece, nano in ceramic was know in ancient Rome.
• Gold NP were used in Egypt, China, India.
• Indian ‘Kajal’ used to contain Carbon Nanotube.
• Modern Science fictions, cartoon used the concept since 1940s.
• 1957, Noble Laureate (1965) Richard Feyman delivered lecture on “There’s Plenty of Room at the bottom” at CalTech.
• 1974, Japanese Prof. Norio Taniguchi used first ‘Nanotech’.
• 1986, IBM researchers and Noble Laureate Binnig and Rohrer invested scanning tunneling microscope.
• Some researchers considered the religious root of nano/atom also. The word ‘zarra’ as used in Holy Quran in , e.g. surah al zilzal denotes ‘atom’.
• Other religion- Christian, Kabbalah, Hindu, Buddhism also .

 Virtually limitless potential.
 Can be used in almost every single area of human need.
 More than few thousands of consumer products already in the market.
 ILO- by 2020, more than 20% of products nanoenabled.
will be
 United Nations recommended for achieving
MDGs and using to improve the quality of lives of 5b people countries.
of developing

• Nanotechnology has tremendous prospects in environmental protections-
 Pest control
 Pollution control
 Green energy
 Clean water
 Food production, etc.
There are some serious concerns too as the exact and precise behavior of these ENMs are still unknown.

CONCERNS: ENVIRONMENTAL

CONCERNS: ENVIRONMENTAL

Though there are uncertainties as to the precise behavior, law should intervene as human history witnessed few incidents relating to-
DDT (wonder chemical> WW II), finally banned by Conv. on Persistent Organic
Pollutants 2011 (S.Holm)
Asbestos [magic fibre, many companies shut down, similarities between asbestos and CNT]
Tobacco; Nuclear Energy [Fukushima disaster in 2011] ; Genetically modified food
In all these instances, regulators responded after much damages were caused.

J. Clarence Davies [co-author of plan to set up US EPA and Toxic Substance Control Act 1976]-
“There are a number of existing laws—notably the Toxic
Substances Control Act; the Occupational Safety and
Health Act; the Food, Drug and Cosmetic Act; and the major environmental laws (Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act) —that provide some legal basis for reviewing and regulating NT materials. However, all of these laws either suffer from major shortcomings of legal authority, or from a gross lack of resources, or both . They provide a very weak basis for identifying and protecting the public from potential risk , especially as nanotechnologies become more complex in structure and function and the applications become more diverse.
”

INTERNATIONAL ENVIRONMENTAL LAW AND
NANOTECHNOLOGY
• Provides the framework for municipal legislation.
• Need to incorporate at the municipal level.
• Though one may find general provisions of law touching every component of the environment [e.g. sustainable development, ensuring pollution free environmental components, EIA, polluter pay principles, etc.], no specific legal instrument on nanotechnology.
• Implementation of these legal provisions are genuine challenge for the time being.
• European countries stress on ‘ precautionary principle ’.

MUNICIPAL REGULATION OF NANOMATERIALS
Four models available-
Self-regulation: Responsible Care Program (RCP), initiated by the
International Council of Chemical Association, after Union Carbide plant disaster (Bhopal). Chemical Industries Council of Malaysia is a member. In
USA, RCP was found ineffective.
Code of Conduct for Responsible Nanoscience & NT Research by EC suggests steps to follow.
Enforced self-regulation: Through govt. call. Voluntary reporting scheme in
USA, AU, UK
Government registration: France, Belgium, Denmark. DoE Malaysia has been developing on EHS Database.
Command and control regulation: REACH, Cosmetic Directive EU.

WHAT’S GOING ON AROUND
Main tension/concern is the risk and exposure assessment methods & protocols.
OECD has listed 13 representative ENMs.
Europe has introduced specific arrangements on ENMs used in chemicals (REACH), cosmetic, pesticide and considering specially the ENMs used in food.
Different regulators have issued guidelines, voluntary in nature.
Sector specific [university, laboratory, manufacturing]
Activity specific [handeling, transport, disposal]
Substance specific [CNT, TiO2]
Good Nano Guide is developed by the International Council on Nanotechnology (ICON)

CONCLUDING THOUGHTS
• International movement is mainly based on Europe. UN should step in immediately in a meaningful way. Regional organization like ASEAN can also join the race.
• Developing countries can be used as a dumping ground.
• Development of substance and product registers.
• Involvement of stakeholders.
• Implementation of precautionary principles.

PUBLICATIONS

CONFERENCES

Article(s)
1. Md. Ershadul Karim, Abu Bakar Munir, Ahmad Wasif Reza, Firdaus Muhammad-Sukki, Siti Hajar
Mohd Yasin, Siti Hawa Abu-Bakar, Ruzairi Abdul Rahim, "Too Enthusiastic to Care for Safety:
Present Status and Recent Developments of Nanosafety in ASEAN Countries" Technological
Forecasting and Social Change, Elsevier, DOI: 10.1016/j.techfore.2014.07.003, 2014 (in press). ( ISI-
Cited/SCOPUS Cited Publication )
2. Md. Ershadul Karim, Abu Bakar Munir, Nanotechnology in Asia: A Preliminary Assessment of the Existing Legal Framework , KLRI Journal of Law and Legislation, 2014, 4 (2), 168-223 [Category
A].
3. Md. Ershadul Karim, Abu Bakar Munir, Siti Hajar Mohd Yasin, Firdaus Muhammad-Sukki,
Nanotechnology within the Legal and Regulatory Framework: An Introductory Overview ,
Malayan Law Journal, 2014, Vol. 3 [Category B].
4. Md. Ershadul Karim, Abu Bakar bin Munir, Siti Hajar Mohd Yasin, Nanotechnology and
International Law Research Guide, GlobaLex, May 2014 [Category A].
Book Review
1. Md. Ershadul Karim, Book Review on Nanotechnology: Health and Environmental Risks , Journal of East Asia and International Law, Vol. 5, No. 1 [ISI- Cited Publication].

LIST OF PUBLICATIONS (CONFERENCES)
1. Md. Ershadul Karim, Regulating Nanotechnology: Timely Stitch for Saving Future , International Conference on Law and Justice, 2013, Colombo, Sri Lanka, 24-25 June, 2013 [International].
2. Md. Ershadul Karim , Nanotechnology Safety in Asian Perspective: A Legal Analysis, Asia Pacific Safety
Symposium, Orchard Hotel, Singapore, October 17-18, 2013 [International].
3. Md. Ershadul Karim, Nanotechnology Law and Policy: An Introduction , Kuala Lumpur International Business,
Economics and Law Conference, Hotel Putra, Jalan Tun Razak, Kuala Lumpur, Malaysia, December 2-3, 2013
[Local].
4. Md. Ershadul Karim, Abu Bakar bin Munir , Siti Hajar Mohd Yasin, Firdaus Muhammad-Sukki, Asia: No Law for
Nano?
11 th Asian Society for International Law Conference, 29 & 30 May, 2014, University of Malaya, Kuala
Lumpur, Malaysia [Local].
5. Md. Ershadul Karim, Abu Bakar bin Munir, Siti Hajar Mohd Yasin, Firdaus Muhammad-Sukki, Nanotechnology through the Lens of Law: Asia and Beyond , Unity in Diversity: Challenges in the New Millennium, 6 th
International Conference on Humanities and Social Sciences (ICHiSS), Jointly Organised by National Defence
University of Malaysia and Prince of Songkla University (PSU) of Thailand, Royale Chulan Hotel, Kuala Lumpur,
Malaysia, June 6-7, 2014 [Local]
6. Md. Ershadul Karim, Abu Bakar bin Munir, Siti Hajar Mohd Yasin, Firdaus Muhammad-Sukki, Nanotechnology and Its Legal and Social Implications , 11th International Postgraduate Research Colloquium, 21-23 August 2014,
International Islamic University Malaysia and University Putra Malaysia, Serdang, Selangor, Malaysia.

• Professor Abu Bakar Munir, my Guru/Maestro for bringing me in Nanoworld.
• Bright Spark Unit of University of Malaya for the financial support.
• Faculty of Law for all kind of academic support and financial support for attending conference in Sri Lanka.

ershadulkarim@gmail.com
; ershad@siswa.um.edu.my