A New Opportunity for Delivering the Commons: Exploring the Interface Between Different Legal Fields

Abstract

"This paper explores the contribution which could be made by different legal fields and forms of governance to enhancing the development of the commons, with a focus on the UK and technologies relevant to energy, particularly renewable energy and action against climate change. It does so from the perspective of making available (or returning) the results of innovation and creativity to as many people as possible and on the basis of as little restriction as possible, taking into account the power of private entities and the different forms of governance which confer and restrict that power. Innovation exists within a wide landscape, and this paper serves as the start of a wider project exploring this. The paper introduces the broad range of legal and policy fields--competition, health, environmental and climate change and human rights and their obligations and enforcement procedures (each of which are already the subject of their own rich fields of work)--which could be relevant to a less controlling approach to innovation. The paper also reviews practical initiatives and identifies areas for deeper literature based research and for empirical work, to inform policy change."