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Regulatory Convergence and Risk Regulation Theory in Nanotechnology Governance for Bangladesh's Food Industry

Abu Noman Mohammad Atahar Ali, S M Solaiman


The complex landscape of nanotechnology utilisation in the food industry, concerned with potential legal consequences, warrants meticulous examination. Bangladesh, in its pursuit of regulatory alignment, has adopted the regulatory convergence theory, mirroring the practices of other nations in the deployment of nanomaterials within food products. Conversely, developed nations, exemplified by the European Union (EU) and the United States (US), implement a jurisprudentially sound, risk assessment-based approach inspired by the risk regulation theory to govern nanotechnology. The current research examines the legal and regulatory mechanisms underlying nanotechnology deployment within Bangladesh's food industry, concurrently assessing the frameworks embodied by the EU and the US. The comprehensive analysis exposes profound inadequacies within the regulatory convergence theory, casting doubt on its appropriateness for Bangladesh's nanotechnology application. This paper ascertains, through rigorous legal analysis, that Bangladesh should refrain from further reliance on the flawed regulatory convergence. Instead, this article advocates the adoption of a more legally sound regulatory framework, inspired by the risk regulation theory, harmonising its practices with those of the EU and US counterparts. These legal and regulatory recommendations are rooted in established legal precedents and principles, ensuring the integrity of Bangladesh's nanotechnology governance in the food sector and safeguarding the rights and interests of consumers.

Abu Noman Mohammad Atahar Ali is Professor at North South University, Bangladesh. For correspondence: abu.ali@northsouth.edu. S M Solaiman is Associate Professor at University of Wollongong, Australia.

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