Five Regulatory Lessons from the REACH Directive
REACH로부터 얻을 수 있는 규제상의 다섯 가지 교훈

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Farber, Daniel A.
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서울대학교 법학연구소
법학, Vol.49 No4 pp.108-154
유독 화학물질EU규제미국화학물질규제REACH 법REACH Legislationchemical regulationEU regulation
The EU REACH directive was enacted at the end of 2006. It contains perhaps
the most rigorous testing requirements of any regulatory regime in the world. It
also requires registration of all existing and new chemicals produced or imported
in volumes of a ton or more per year per manufacturer or importer. This Directive
promises to transform the legal context of the chemical industry.
This article begins by discussing the difficulty of risk assessment and the very
mixed record of the United States in regulating toxics. It then discusses the
directive in more detail. Finally, the article suggests that five lessons can be drawn
from REACH: (1) the potential for international learning, which allowed the EU to
benefit from its own experiences as well as the American struggles with toxic
regulation; (2) the power of “next generation” environmental policies to mold
industry behavior; (3) the need to attack the “tyranny of the status quo” rather than
granting permanent regulatory exemptions to existing products and facilities, (4)
the need for open governance in crafting far-reaching regulatory changes; and (5)
the advantages of using supply-chain leverage to broaden the impact and
effectiveness of regulation.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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