Poster's note - This places GE in the context of broader technology
governance debate.

http://blogs.cfr.org/patrick/2013/03/14/technological-change-and-the-frontiers-of-global-governance/

Council on Foreign Relations
The Internationalist

Technological Change and the Frontiers of Global Governance
by Stewart M. Patrick   
March 14, 2013


The history of global governance is in many respects the story of
international adapation to new technologies. As breakthroughs emerge,
sovereign governments have tried to craft common standards and rules
to facilitate cooperation and mitigate conflict. Consider the
phenomenon known as standard time. We now take for granted the world’s
division into twenty-four separate hourly zones, with Greenwich Mean
Time as the baseline. But in the middle of the nineteenth century,
there were 144 local time zones in the United States alone. It was
only with the global spread of railroad lines in the late nineteenth
century—and the need to standardized train schedules both nationally
and internationally—that major countries convened in Washington and
agreed to synchronize time within each zone, rather than continue to
allow localities to calculate time according to local meridians or
solar time.

More ominously, consider the oddly-named United Nations Convention on
Certain Conventional Weapons (CCWC). Negotiated in 1980 and entering
into force in 1983, this binding multilateral treaty proscribes the
use of certain weapons that are (in the formal language of the
treaty’s title) “deemed to be excessively injurious or to have
indiscriminate effects.” An annex to the Geneva Convention of 1949,
the CCWC represents a global effort to come to terms with and regulate
the use of destructive technologies—some of which had previously been
imagined only in the realms of science fiction. Separate Protocols
prohibit the use of several categories of weapons: those that produce
non-detectable fragments in the human body; non-detectable mines and
other explosive devices; incendiary weapons directed at civilian
targets; and laser weapons designed to cause permanent blindness.

As these examples make clear, advances in technology have long driven
global rule-making. What is different today is that the furious pace
of technological change risks leaving global governance in the dust,
as national governments and international institutions scramble to
come to terms with—much less regulate—innovations with profound
implications for human welfare and global order. This growing gap
between what technological advances may permit and what the
international system is prepared to regulate is increasingly clear in
multiple areas. Two of the most obvious, on which I have already
written, are the governance of outer space and of cyberspace. But at
least four other global regulatory challenges spring to mind, where
international laws and rules are virtually nonexistent. These include
the expanding use of drone warfare; advances in synthetic biology; the
spread of nanotechnology; and the specter of geoengineering.

Drones.
As my colleague Micah Zenko has observed in multiple fora, including a
recent CFR Special Report, the United States has struggled to develop
its own legal rationale for what are, in essence, targeted
assassinations by remotely controlled, pilotless aircraft. Initially,
foreign objections to drone strikes were heavily concentrated within
targeted countries, including Pakistan, where they have continued to
elicit public outrage, and Yemen. Increasingly, however, drone strikes
are the subject of political and legal challenges, both domestic and
international—with the latter depicting them as violations of
international humanitarian law and the laws of war. In 2010, Philip
Alston, the UN special advisor on extrajudicial killings, delivered a
damning report to the UN Human Rights Council (HRC) arguing that the
United States, in conducting its policy of targeted killings, was
oblivious to the inevitability that others would follow its lead. By
ignoring the principle of due process and undermining the
international rule of law, the United States was courting global
anarchy.This January, Ben Emmerson, special investigator for the HRC,
convened a panel to conduct a nine-month study on “the rising use of
drones and other forms of remotely targeted killing.” Beyond raising
difficult legal and moral questions, the rapid spread of drone
technology to new players, from states like Iran to China to non-state
actors like Hezbollah—makes it imperative to create clear rules of the
road—designed to make the use of armed drones the exception rather
than the rule.

Synthetic biology.
Drones may dominate the headlines, but rapid advances in biotechnology
could pose greater long-term threats to international security. Thanks
to rapid scientific advances, human beings are in a position to create
new biological systems through the manipulation of existing and
insertion of novel genetic material. While these technologies have
tremendous therapeutic and public health potential—for overcoming
congenital diseases or defeating malaria and other infectious
diseases—they also have the potential to undermine biosafety and
biosecurity. Indeed, as technology spreads and barriers to entry fall,
it becomes easier to envision rogue states—or rogue
scientists—fabricating pathogens like smallpox or inadvertently
creating creating dual-use technology. It is disturbing, in this
context, to realize that there is no overarching international
framework for managing the risks of synthetic biology. Rather, there
is an incomplete patchwork of regulations. The Biological Weapons
Convention, for instance, limits the application of synthetic biology
in weapons but does not prevent research taking place. The Convention
on Biological Diversity (CBD), likewise, has added synthetic biology
to its portfolio through the toothless Cartegena Protocol on Biosafety
[PDF], which urges a “precautionary approach to the field release of
synthetic life, cell or genome into the environment.” As global
regulatory regimes go, this framework is feeble—and made weaker by the
failure of the United States to ratify the CBD or its associated
Protocol. My colleague Laurie Garrett has decried the current
regulatory vacuum on dual-use biotechnologies, and has convened
meetings of scientists and senior policymakers to try to remedy the
situation. Meanwhile, a global coalition led by Friends of the Earth
proposes a set of Principles for Oversight of Synthetic Biology as a
starting point for international negotiation.

Nanotechnology.
Nor is there any international regulatory arrangement to govern
research and uses of nanotechnology, defined as the process of
manipulating materials at an atom- or molecule-based level, or address
the potential dangers of introducing nanoparticles to the environment
and the human body. Where regulation of nanoparticles exists, it is
performed primarily on a national basis. In the United States, this
function is carried out jointly by the U.S. Environmental Protection
Agency, the U.S. Food and Drug Administration, and the U.S. National
Institute of Standards and Technology. A partial exception to this
national approach is the European Union, in which the Health and
Consumer Protection Directorate has performed a primary risk analysis
[PDF] of nanotechnology and begun the process of regulating it. But,
as with synthetic biology, the overall international regime is
fragmented and under-developed—and there is no consensus on which
global organization—if any—should exercise jurisdiction. One major
obstacle to regulatory coherence is that most research and investment
on nanotechnology is carried out by the private sector, which has
little incentive to consider potentially negative global costs (or
“externalities,” in economics-speak) of the new technology.

Geoengineering.
Finally, there is the growing risk of uncoordinated efforts to try to
alter the trajectory of current global warming trends through
experiments to transform the Earth’s absorption of solar radiation or
other large-scale interventions to the planet’s climate system.
Initially dismissed as fanciful, “geoengineering” has become a
plausible means to prevent catastrophic climate change. Possible
approaches include seeding the world’s oceans with iron filings (as
one freelancing U.S. scientist attempted last July off the coast of
Canada), deflecting solar radiation through a system of space-based
mirrors, interfering with the climate of the Earth’s poles, and
preventing the release of methane held in arctic tundra and the ocean.
As the world warms and the implications become graver, countries and
private actors will be tempted to take matters into own hands, with
little certainty about the planetary consequences. Consequently, the
world urgently needs rules concerning goeengineering processes. The
CBD, in concert with the UN Framework Convention on Climate Change and
the Intergovernmental Panel on Climate Change, appears to be the most
likely venue for new multilateral regulations.

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