Rights Experimentalism Under Uncertainty: Transnational Law and Human Rights for Neurotechnologies

Publication Title

Human Rights Law Review

Document Type

Article

Publication Date

3-2026

Abstract

This article argues that the emergence of ostensibly new human rights norms and regimes can be better understood through closer attention to transnational legal processes, rather than only lawmaking at a single level of government. Such dynamics may be particularly informative in the setting of significant uncertainty around the meaning of existing law, possible dignity harms and relevant stakeholders and their views. To explore the emergence of rights law in the setting of such uncertainty, this article presents and evaluates the empirical case of transnational law on human rights for neurotechnologies, which has unfolded transnationally across multiple scales and sites. The emergent regime appears consistent with global experimentalist governance models, which may offer benefits in the face of uncertainty and rapid innovation. However, the article finds this approach could also obscure potential issues around transparency, participation and deliberation with effectiveness and legitimacy consequences for rights experimentalist responses to uncertainty.

Recommended Citation

Walter G. Johnson, Rights Experimentalism Under Uncertainty: Transnational Law and Human Rights for Neurotechnologies, 26 Hum. Rts. L. Rev. ngaf038 (2026).

DOI

10.1093/hrlr/ngaf038

Volume

26

Issue

1

First Page

ngaf038

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