Document Type

Article

Disciplines

International Law

Abstract

In 1998, scientists isolated and successfully cultured stem cells for the first time.' The researchers then used the cells to produce stem cell lines.2 Most experts agree that research on stem cells holds great potential to create advances in science and medicine and improve human life. Stem cell research offers unprecedented opportunities to discover information about the fimdamentals of cell division, the process of cell specialization, and human development.3 Research on stem cells also offers promise in developing medical therapies for debilitating diseases. 4 Despite its promises, the isolation of stem cells and their potential for valuable scientific research and future treatment is controversial and has led to intense policy debates and has revealed ethical quandaries for experts and the public.

Stem cell research, as well as other forms of research on human reproductive material, often require the utilization of human embryos. This is ethically questionable because of the diverse views that are held on the moral and legal status of embryos.6 Therefore, stem cell research "forces us to confront fundamental questions about the beginnings of life and the ends of science." 7 Many countries have tried to answer the questions regarding the ethical implications of research that uses human reproductive material through legislation regulating research on embryos and other human reproductive material. The U.S. Code and Federal Register contain legislation governing research on embryos and fetuses in the United States. The legislation defines the degree of protection that must be given to the material in the course of experimentation. The United Kingdom controls research that utilizes human embryos with the Human Fertilisation and Embryology Act.9 The Infertility Treatment Act (1995)10 and the Reproductive Technology Act (1988)" are controlling legislation in Australia. Since there is not current legislation specifically governing stem cell research, the laws in the United States, the United Kingdom, and Australia that address research on embryos, are applied to stem cell research because of the use of embryos.

Human stem cell research must be permitted because of the possibility that it will produce treatments for human diseases and help to answer the questions of biological cell division.' 2 Although it is on the cutting edge of biological science, it is still innovative.' 3 Therefore, studies of embryonic and human stem cells should be pursued in order to establish a comprehensive base of knowledge about stem cells and create the most promising opportunity for medical advances.1 4 Nevertheless, ethical concerns about the process of stem cell research as well as the possibility that the information gained by the research will result in unethical uses of the technology necessitate the monitoring of stem cell research.' 5 Monitoring should exist in the private and public sectors and should be guided by an international standard. A set of international guidelines should be established to reflect the opinions of the international community and provide guidance to researchers involved in the landmark science of stem cell research. Section II of this paper provides scientific background on stem cells and how they are derived for stem cell research. Section III addresses the ethical implications of stem cell research. The laws of the United States, the United Kingdom and Australia that govern fertility treatment and research on human reproductive material will be explored and compared in Sections IV and V. Finally, the paper will conclude that a set of international guidelines should be developed to govern stem cell research. Proposed provisions for the guidelines are given in Section VI.

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