奈米科技的健康風險與環境風險規範：比較法與國際法之觀察

The Health Risk and Environmental Risk Regulation of Nanotechnology: Comparative Law and International Law Perspectives

奈米科技可算是繼生物科技之後最為重要的新興技術。奈米科技 （nanotechnology）係指研究奈米尺度大小的技術和產品1，乃繼生物科 技之後最為重要的新興技術。奈米（nanometer）是尺度之單位，一奈米 為10-9 公尺，再大一點的常用的單位是微米（10-6 公尺）。一個紅血球 的直徑約為 7,500 奈米，一根頭髮的直徑約數十到數百微米。奈米微粒 （nanoparticles）則是指大小在1-100 奈米的原子團。

Nanotechnology seems to be the most important newest technology since the appearance of biotechnology. Although the commercialization of nanotechnology could have great interests, does its application influence human health and natural environment? Some disputes continue. Recently, though some policy discussion has begun about the possibilities of particular regulations of nanotechnology according to its unusual natures, until now we see no special regulations in national levels, and each country tends to expand the assumption field of existing norms to these products.
From the perspectives of national laws, international trade law and international law of environment, this article tries to argue the possible regulations of the health risk and environment risk of nanoproducts. In the United States and the European Union, now we could discover some regulations about the protection of human health and environment protection, but do these regulations fit to regulate the applications of nanotechnology? There leave some doubts. Even though they do fit to regulate nanoproducts, there exist disputes about the testing standards for the safety of nanoproducts. In international level, the researches on the testing standards have just commenced.
In the domain of international norms, the most relative one would be the Agreement on the Application on Sanitary and Phytosanitary Measures of WTO. But, could the SPS Agreement properly regulate the probable risks of nanoproducts to human health? Besides, the Agreement on Technical Barriers to Trade of WTO could also be applied to the compulsory labeling of nanoproducts. But, all remains in disputes. At last, for the regulation of environmental risks, could the Stockholm Convention on Persistent Organic Pollutants and the Montreal Protocol on Substances that deplete the Ozone Layer apply to nanoproducts? All these disputes should wait the interpretations of these international instruments or the new codification of international norms.
In the conclusive part of this article, the necessity of regulations of nanoproducts in Taiwan would also be discussed. Taiwan also faces the same problems as other countries, i.e. the possible extension of existing norms to regulate the nanoproducts, and how to well establish the testing standards of the safety of these products. The future development deserves our attention.