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55 Jurimetrics 147 (2014-2015)
Proactive International Regulatory Cooperation for Governance of Emerging Technologies

handle is hein.journals/juraba55 and id is 167 raw text is: 














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PROACTIVE INTERNATIONAL REGULATORY
      COOPERATION FOR GOVERNANCE OF
               EMERGING TECHNOLOGIES


               Marc A. Saner and Gary E. Marchant*

ABSTRACT: This article provides a systematic checklist to guide proactive bilateral
and international regulatory cooperation (in the sense of alignment or harmoniza-
tion) in the context of emerging technologies. The article is structured along a life-
cycle starting with preregulatory activities and ending with postregulatory processes.
The background research is based on a series of interviews with American and Cana-
dian experts carried out in late 2013 as well as studies of previous international regula-
tory alignment examples. Our aim is to inform the regulatory debate on how to best
develop proactively aligned regulatory programs for emerging technologies in bilateral
(e.g., United States-Canada) and international contexts.

CITATION: Marc A. Saner and Gary E. Marchant, Proactive International Regulatory
Cooperation for Governance of Emerging Technologies, 55 Jurimetrics J. 147 178
(2015).

    Commerce and technology are increasingly global.' As the transnational
flow of goods grows, government regulators seek to coordinate regulatory
responses to many different problems, including oversight of emerging tech-
nologies. Yet, the debate over harmonized regulations and globalized trade
remains controversial. Critics fear a migration to the lowest common de-

    *Marc Saner is Associate Professor and the Inaugural Director of the Institute for Science,
Society and Policy at the University of Ottawa, Canada. Gary Marchant is Regents' Professor of
Law, Faculty Director and Faculty Fellow, Center for Law, Science & Innovation and Lincoln
Professor of Emerging Technologies, Law and Ethics at the Sandra Day O'Connor College of
Law, Arizona State University. This research was supported by a contract of the Privy Council
Office of the Government of Canada to the University of Ottawa. We thank the staff of the Regu-
latory Cooperation Council (RCC) for developing this project and for their comments on draft
versions of this text. We are also very grateful to the interviewees for their detailed, patient and
open comments and for their wisdom. Finally, we thank the two peer reviewers for valuable
insights and helpful suggestions. However, the responsibility for priority selection, errors, or
misconceptions rests entirely with the authors. No endorsement by the RCC partners or inter-
viewees is implied.
     1. See U.S. FOOD & DRUG ADMIN., PATHWAY TO GLOBAL PRODUCT SAFETY AND QUALITY
6 (2011) (Money, goods, data, and people now cross borders in huge volumes and at unprece-
dented velocity.), available at http://www.fda.gov/downloads/AboutFDA/CentersOffices/Officeof
GlobalRegulatoryOperationsandPolicy/GlobalProductPathway/UCM262528.pdf.


WINTER 2015

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