Biolaw and ‘the Dual-Use Dilemma’: The Freedom of Scientific Research in Relationship with ‘Traditional’ and Emerging Sciences and Technologies

Abstract

Science and technology require an intervention by the law, and law is called upon to intervene in front of their evolution, and to look for proper solutions of governance and rational responses to their risks. One of the main issues to be investigated from the legal viewpoint is represented by the 'dual-use dilemma' that arises both in 'traditional' and new areas of techno-sciences. Indeed, any kind of research has the potential to be used both for bad as well as for good purposes. Therefore, it is important to reflect upon the ways to control possibly dangerous research without preventing the progress from going further. Such 'dual-use dilemma', then, entails the study of one of the fundamental freedoms in the biolaw area: the freedom of scientific research, its limits, and relationship with other rights/needs/freedoms (such the need of security). This work focuses on two areas of the techno-scientific world. One is more 'traditional', i.e. nuclear science, in whose context the reflections on 'dual-use' were born and developed, and the other one is a new emerging technology, which is synthetic biology. The aim is to understand how the freedom of scientific research could be shaped in relationship with other rights/needs/interests for dealing with 'dual-use' issues in the aforementioned areas of science and technology. KEY WORDS. Synthetic biologynuclear sciencefreedom of researchsecuritybalance. INTRODUCTION. In front of the evolution of science and technology, the law cannot remain silent, but it is called upon to change accordingly. The field that is labeled as 'biolaw' aims to cope with such challenge of finding a legal answer to the problems emerging in the techno-scientific area. Even if there is no universal agreement about what 'biolaw' means (Casabona 2011), this branch of the law entails a set of rights, freedoms and principles that aim to: (a) regulate science and technology, (b) govern, prevent and manage the risks connected to these areas,

Limiting open science? Three approaches to bottom-up governance of dual-use research of concern

“…Some argue that measures should be considered to avoid as much risk, cost, and unacceptable harm as possible, according to proportionality or No Means to Harm principles [ 60 , 61 ]. Alternatively, precautionary and participatory methods that promote dialogue and interaction while comprehending the limits of knowledge may also be effective [ 56 ].…”