Law, Regulation and Human Enhancement Technologies

The proposed research involves establishing an international network of legal scholars, legal practitioners, and scientists to investigate how the production and use of emerging human enhancement technologies should be managed. Over the next decade, European jurisdictions will face new legal and regulatory challenges. The increasing production and use of what can broadly be categorised as 'human enhancement technologies' is creating challenges for the existing legal frameworks in Europe. Examples of these new technologies include pharmacological substances that improve cognition, chemical enhancement in embryo development and hormonal techniques for increasing physical strength. These and similar technologies are not easily accommodated by current laws within European countries and EU-wide regulatory instruments. The use of these technologies has implications in many legal contexts, particularly the regulation of use by professionals such as pilots and medical practitioners. These technologies will (at a theoretical level) re-engage and challenge lawyers in questions of human rights and political responsibility, as well as (at a practical level) necessitate new or amended approaches to the regulation of pharmaceuticals and other such technologies. Given the potential cross-border impacts (e.g. pilots, drivers), there is a strong need for collaboration across jurisdictions. Whilst the network envisaged in this proposal will be composed principally of European scholars, representatives from the United States and Australia will also be included. The Investigators also hope that this will pave the way for further international expansion of the network beyond the 18-month period planned for in this proposal.

In addition to the academic community, the potential beneficiaries of the research conducted through the proposed Research Network will primarily be policy-makers and professionals within the public and private sectors. Further beneficiaries within industry and the general public are envisaged. With these beneficiaries in mind, the anticipated outputs of the proposed research are principally:
1) Audience-tailored reports on the outcomes of the workshop outlining:
a. The potential problems raised by new enhancement technologies
b. The current legal position relating to enhancement technologies in each jurisdiction and across the EU
c. Possibilities for regulation (in particular, for example, in relation to the use of technologies by professionals)
The reports will be tailored to particular governmental departments and regulatory bodies, focusing on the main types of technology and groups in society for which they are responsible. They will also be tailored to comment on any particular issues raised by the departments and bodies in response to correspondence from us inviting engagement, sent in the early stages of the research. The reports for the identified groups of professionals will be tailored to their particular professions and refer in general, anonymous terms to the opinion information gathered from members of that professional group.
2) An edited collection of papers from network participants, expanding on the points above and also exploring the conceptual questions posed for the law. It is envisaged that some of these papers will be produced collaboratively, as a result of links and discussions prompted by the network.
3) An enduring network of legal scholars and practitioners which will be maintained via regular contact and on-going collaboration (potentially promoted via a website).

Other than the academic community, the potential beneficiaries of the research conducted through the proposed Research Network will primarily be policy-makers and professionals within the public and private sectors. Further beneficiaries within industry and the general public are envisaged.

The proposed research has the potential to significantly influence public policy and legislation, both at a national and an international level. The network will provide a valuable and new opportunity for the sharing of information across the identified boundaries and for conducting pre-emptive legal analysis based on this information. This is the sort of research that can usefully feed directly into the policymaking process. This being so, UK and EU governmental departments and regulatory bodies will be informed of the research, invited to pose questions and will receive tailored reports.

Valorization groups of surgeons, soldiers and pilots will be the other primary beneficiaries. Having already expressed interest in the Principal Investigator's research activity, they will be invited to provide anecdotal reports of professional uses of enhancement technologies, which will feed into the Network's research activity. These groups will also receive detailed feedback towards the end of the 18-month period, tailored to their particular contexts.

The research outputs will be of interest to, and could possibly have an impact on, the sectors of industry that develop and produce enhancement technologies. These potential beneficiaries will be interested to know how the legal systems of various countries will be likely to respond to the technologies they develop. They might take this information into account when planning their research and development programmes. Even without such direct impact, the research might affect them indirectly through the policy it has the potential to inform.

Finally, members of the general public are also likely to be indirect beneficiaries. Where regulation is primarily restrictive, it is assumed that this will be for reasons that aim to protect society from dangerous or untested technology. Where regulation is permissive or even supportive, it is assumed that this will be for reasons that aim to improve people's lives; through improvements to health, through increasing opportunities, or through the enhancement of individuals' general well-being and fulfillment.