8.1 Introduction
This chapter considers whether, and under what conditions, private firms can productively combine existing patent assets to support the dissemination and use of green technology around the world.
The patenting of technologies directed to renewable energy, climate change mitigation, pollution control, and the like – green technology (Sanguir Reference Sanguir2023a, 214–215; Iaia Reference Iaia2024, 310–312) – presents a paradox: On the one hand, proponents of the patent system argue that patents are necessary to incentivize innovation in these critical technological areas (Dechezleprêtre 2013; Gattari Reference Gattari2013; Tee et al. Reference Tee, Chin and Abdul-Rahim2021; Sanguir Reference Sanguir2023a), while on the other hand, critics claim that patents can impede the broad development, deployment, and usage of these technologies (Reichman et al. Reference Reichman, Rai, Newell and Weiner2008; Sovacool Reference Sovacool2008; Ouellette Reference Ouellette2010; Sarnoff Reference Sarnoff2011; Chavez Reference Chavez2015). Given the high stakes involved and the pressing need for technological solutions to the climate crisis, a range of proposals have been made to promote more and better green technology development, deployment, and usage.
Accordingly, patent offices around the world have adopted “fast track” procedures designed to facilitate the examination of green technology patent applications and to reduce fees and procedural barriers to obtaining these patents (Dechezleprêtre 2013; Siemons Reference Siemons2023; Rodrigues Pinho and Oliviera Reference Rodrigues Pinho and Oliviera2024). These programs have seemingly succeeded in increasing the number of patents issued in these jurisdictions (Dechezleprêtre 2013; Chavez Reference Chavez2015; Mewburn Ellis 2021; Siemons Reference Siemons2023; Rodrigues Pinho and Oliviera Reference Rodrigues Pinho and Oliviera2024), though perhaps not at the rates expected or desired (Hilty and Batista 2024). At the same time, numerous proposals have been made to reduce the impact of such patents on relevant markets through mechanisms such as compulsory licensing (Reichman et al. Reference Reichman, Rai, Newell and Weiner2008; Chavez Reference Chavez2015), the governmental march-in rights (Sarnoff Reference Sarnoff2011, 2013; Ouellette Reference Ouellette2010), expanded exemptions from patent infringement for research and experimental use (Reynolds, Contreras, and Sarnoff Reference Reynolds, Contreras and Sarnoff2017), legal constraints on exclusive licensing (Sarnoff Reference Sarnoff2011), and statutory patentability exclusions for some key green technologies (Parthasarathy et al. Reference Parthasarathy, Avery, Hedberg, Mannisto and Maguire2010), as well as for highly polluting inventions (Iaia Reference Iaia2024, 318–320). Finally, a growing number of scholars and commentators have concluded that patents, while important in other technology sectors, may play a limited role in incentivizing necessary green technology innovation, and that governments should focus instead on alternative incentive programs to promote the development and deployment of these key technologies (Derclaye Reference Derclaye2010; McManis and Contreras 2014; Vandenberg Reference Vandenberg2015; Tur-Sinai 2018; Hilty and Batista 2024).
Nevertheless, patents exist and, as noted earlier, an increasing number continue to be granted in the green technology sector. Accordingly, alongside proposed changes to the scope and availability of patent protection, a range of international initiatives have emerged to promote the dissemination and sharing of green technology within the framework of existing patent systems. Bodies promoting these alternative approaches include the United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties, the Clean Development Mechanism under the Kyoto Protocol to the UNFCCC, the Climate Technology Center and Network under the UNFCCC Technology Mechanism, the Green Climate Fund (GCF) under the UNFCCC Financial Mechanism, and the Paris Agreement Technology Framework (Xiang Reference Xiang2019, 13–16). While these international and intergovernmental efforts have promise, each depends on action by government agencies, legislatures, or international bodies. As such, they remain subject to political vagaries (Miller and Dills Reference Miller and Dills2023) that create inherent uncertainty and risk. Moreover, given differences between the market structures, development costs, and deployment practicalities of green technologies and other patented products such as pharmaceuticals and electronics, it is not clear that governmental intervention modeled on experiences with these other market sectors can readily be translated to green technology (McManis and Contreras 2014, 127–130). This chapter considers, instead, whether nongovernmental private actors can impact climate mitigation and remediation through the voluntary formation of patent commons in the green technology sector.
Other chapters in this book have demonstrated the viability of knowledge commons to aggregate and make information relating to green technology broadly available. Patents, too, embody information, and some have proposed that greater information transparency regarding existing patent rights could facilitate the development of green technology (Cahoy and Glenna Reference Cahoy and Glenna2009). Yet patents, unlike other informational assets, also embody a bundle of legal rights that enable their holders to exclude competitors from the market. As such, the sharing of patent information alone, while sometimes useful from a technical standpoint (Seymour Reference Seymour2010), will not enable greater product development or usage. In order for patent rights to be shared, licensing or transfer transactions must be completed by patent holders (Cahoy and Glenna Reference Cahoy and Glenna2009; Sanguir Reference Sanguir2023b). When multiple patents in a field are held by different parties, then effecting all transactions needed to enable desired development and distribution activity may be cumbersome, time-consuming, and costly. This reality has attracted some patent holders to the idea of patent pools or commons that offer users limited rights to practice patented technologies within an existing landscape of patent laws and large numbers of issued patents.
Patent commons have achieved significant success in other market sectors. For example, the developers of technical interoperability standards such as USB, Bluetooth, IPv6, and HTML have largely agreed not to assert their patents against parties making products that embody those standards (Contreras et al. Reference Contreras, Bekkers, Biddle, Bonadio, Carrier, Chao, Duan, Eberhart, Fuchs, Ivanov, Lichtenberg, Mazzacano, O’Leary, Quercia and de Figueiredo2023). These “royalty-free” standards are broadly deployed and form the basis for the internet and other ubiquitous technologies. Likewise, over twenty years ago, large patent holders pledged not to assert their patents against open-source software such as the Linux operating system, laying the groundwork for the broad adoption of that software around the world (Contreras Reference Contreras2015).
Yet while multiparty green patent sharing arrangements have been formed to advance commercial ventures and projects (Sanguir Reference Sanguir2023b), organizers have had little success in forming publicly available, royalty-free patent commons for green technology. The limited success of green patent commons in the face of successful patent-sharing arrangements in other sectors thus presents a puzzle.
This chapter considers the unique challenges that face the organizers of private patent commons in the green technology sector. To do so, it first reviews prior efforts to form green patent commons, as well as recent commons proposals that have not yet been implemented. Next, it asks why these efforts have not been successful in achieving their respective goals. Finally, it offers suggestions for future planners seeking to promote the global dissemination and use of patented green technologies through the formation of commons structures.
8.2 Prior Attempts to Form Green Patent Commons
Unlike commercial patent sharing arrangements in the green technology and other industry sectors, the green patent commons described in this section appear to have been formed by patent holders largely to advance “mission-oriented” goals such as corporate social responsibility, philanthropy, and employee relations (Mattioli Reference Mattioli2012; Contreras Reference Contreras2015; Contreras Reference Contreras2018b). The implications of this not-for-profit orientation are discussed later.
8.2.1 Eco-Patent Commons
In 2008, IBM announced the launch of the Eco-Patent Commons, an effort that was cosponsored by Nokia, Pitney Bowes, and Sony and eventually included thirteen large firms (Contreras et al. Reference Contreras, Hall and Helmers2019). The stated mission of EcoPatent Commons was “to manage a collection of patents pledged for unencumbered use by companies and IP rights holders around the world to make it easier and faster to innovate and implement industrial processes that improve and protect the global environment” (Contreras et al. Reference Contreras, Hall and Helmers2019). A total of 248 patents were pledged to the EcoPatent Commons, with the last such contribution occurring in 2011. In 2016, after an extended period of inactivity, the EcoPatent Commons was formally discontinued. Subsequent analysis of the citations of the patents contributed to the EcoPatent Commons suggests that the effort did little to increase the diffusion of the technology covered by contributed patents (Contreras et al. Reference Contreras, Hall and Helmers2019).
8.2.2 GreenXchange
The GreenXchange was launched in 2010 as a web-based marketplace through which firms could notify others of patent rights that they wished to make available for licensing on a set of standardized terms. The principal backer of GreenXchange was Nike, which contributed the lion’s share of patents to the platform (444 of 463 patents, or 96 percent) (Ghafele and O’Brien 2012). Despite the involvement of nine other entities, few contributed patents to the platform, and most of the contributed patents were licensed only for noncommercial use. The project appears to have wound down within two years of its launch (Xiang Reference Xiang2019, 40–41).
8.2.3 Low Carbon Patent Pledge
The Low Carbon Patent Pledge (LCPP) is a legal framework that enables patent holders to commit not to assert identified patents relating to carbon reduction against users throughout the world.Footnote 1 The project, based on the 2020 Open Covid Pledge (OCP) (Contreras Reference Contreras2021), was initiated by three OCP members, Hewlett-Packard Enterprise (HPE), Meta and Microsoft, and now includes a number of other contributors, including Morgan Stanley and international shipping giant Maersk. The LCPP enables the free use of contributed patents via a self-executing license. Approximately 300 patents have been contributed to LCPP (lowcarbonpatentpledge.org).
8.2.4 Tesla Motors Pledge
Unlike the other efforts described in this section, which involve cooperation among a number of industrial players, the CEO of Tesla Motors unilaterally announced in 2014 that Tesla would no longer assert patents against other electric vehicle manufacturers acting in “good faith.” While this move was followed six months later by Toyota, which similarly pledged its patents in the area of hydrogen fuel cell technology, other car makers failed to join the effort (Contreras Reference Contreras2015). In 2023, Tesla asserted two patents relating to energy storage technology against an Australian firm that had previously sued Tesla under its own patents (Contreras Reference Contreras, Blind and Thumm2025).
8.2.5 WIPO Green
WIPO Green, operated by the UN-based World Intellectual Property Organization (WIPO), is not itself a private-sector initiative or a commons, but is considered here because it is intended to facilitate private commons formation. WIPO Green is essentially a clearinghouse for green patents, know-how, and other technology that their owners wish to sell or license, usually for a fee. The online resource can be searched by technology category or field, and also enables potential users of a technology to post technical needs or requirements to which technology owners can respond. Though WIPO Green has been operational since 2013, it is not clear that a substantial number of transactions have been effected using the platform, and commentators have suggested several improvements (Xiang Reference Xiang2019; Sanguir Reference Sanguir2023b, 270).
8.2.6 Other Proposals
In addition to the efforts described here, several other proposals have been made to aggregate green technology patents for broad dissemination and use around the world. These include the Global Technology Pool for Climate Change, proposed in 2009 by a group of developing countries, which would promote and ensure royalty-free access to patented technology and associated know-how (Xiang Reference Xiang2019, 38), and a cleantech patent pool proposed to be formed under the auspices of the UNFCCC GCF, which would itself develop and acquire patented technologies for use and dissemination in developing countries (Xiang Reference Xiang2019, 38). Maitra has made a similar proposal involving the subsidy of technology acquisition in developing countries through two international funds (Maitra Reference Maitra2010). None of these proposals has gained significant traction.
Likewise, a group of academics has proposed that a commons be formed around solar climate engineering (SCE) technology to facilitate responsible SCE research and development. The proposed commons would permit public and private sector research institutions to share their research data and pledge that any patents or trade secrets would be managed so as to reduce unnecessary barriers to research and development of safe and effective SCE technologies (Reynolds et al. Reference Reynolds, Contreras and Sarnoff2017). While this proposal has not yet been put into effect, there has not yet been significant assertion of patents in the SCE research community.
8.3 Challenges for Green Patent Commons
As noted, the few green technology patent commons that have been launched have had limited success in terms of both inbound participation (number of patent contributions) and outbound impact (use of contributed technologies in the field). This section analyzes some of the factors that have proven most challenging for the planners of green patent commons as contrasted with more successful commons in, for example, the information and communications technology (ICT) sector.Footnote 2
8.3.1 Attracting Patent Contributors
Participation in green patent commons, as defined in this chapter, will generally not result in a direct financial benefit to participants. That is, participants will not charge royalties or other amounts for the use of their patents. Yet, given that patents are potentially valuable corporate assets that require the expenditure of resources, both financial and personnel, to acquire, some justification for relinquishing patent rights is required. The benefits that private firms obtain from participation in green patent commons are largely indirect: enhancement of public image and reputation, pursuit of corporate social responsibility goals, improved employee relations, government relations, and the opportunity to collaborate with other like-minded firms (Contreras Reference Contreras2018b). But while these factors may enhance a firm’s value, they are not likely to outweigh financial gains that might be reduced by forgoing patent-related revenue in industries that are heavily dependent on such revenue (e.g., pharmaceuticals) (Contreras Reference Contreras2021, 898–899).
While a patent commons need not include all patents in a given technology area, it is most useful if it contains at least a critical mass of patents such that the collective availability of these patents encourages use of the patented technology in the field. Most of the commons formation efforts described earlier originated with one or a small group of firms: EcoPatent Commons with IBM, GreenXchange with Nike, and LPCC with HPE, Microsoft, and Meta. While an early champion and convenor of every commons project is likely necessary, such projects seem to require more general industry backing in order to succeed. Both EcoPatent Commons and GreenXchange attracted around ten participating members, which seems to have been too few to be sustainable.
8.3.2 Funding
Adequate funding is key to any project. But as already noted, most of the green technology commons projects described in this chapter were motivated by corporate mission-oriented goals rather than commercial considerations. As a result, several of these, the EcoPatent Commons in particular, suffered from a lack of sustained financial support (Contreras et al. Reference Contreras, Hall and Helmers2019). This lack of resources prevented the effort from continuing to recruit new members, seeking users for its technology, and tracking usage of contributed patents. WIPO Green, on the other hand, is a relatively well-funded effort with significant staffing and backing from the UN. As such, it has engaged in various outreach efforts and has a sophisticated and comprehensive online presence. Mattioli (Reference Mattioli2012, 148–149, 155) suggests that governmental support may be necessary for patent-sharing activities to succeed, an observation that may be borne out by the apparent unwillingness of private actors to spend significant amounts in support of commons formation that is largely motivated by mission-oriented goals.
8.3.3 Scope
Unlike technical standards such as Bluetooth or even more general ICT fields such as broadband wireless communication, the field of green technology is intractably broad. Green technology includes technologies ranging from massive infrastructural projects such as wind turbines, nuclear power stations, underwater server farms, and water treatment plants to complex manufactured products such as solar panels, electric batteries, and smart electric meters to sustainable agricultural products, building materials, carbon capture and sequestration methods, environmentally friendly personal care products, and thousands of others.
As such, general calls for the contribution of green technology patents invariably result in a hodgepodge of different and unrelated technologies that lack any coherent connection or useful synergy. For example, patents eligible for inclusion in the EcoPatent Commons could belong to any of sixty enumerated International Patent Classification codes relating to environmental or sustainability technology and including energy conservation, pollution control, sustainable materials, water conservation, and recyclability technologies (Contreras et al. Reference Contreras, Hall and Helmers2019). WIPO Green is similarly broad in scope. The GreenXchange, led by Nike, was slightly more focused on concerns of the consumer products industry, including packaging, recycling, adhesives, “green leather,” and manufacturing efficiency (Ghafele and O’Brien 2012, 8). The most focused effort, though it has largely remained a single-company program, has been Tesla’s pledge of patents in the electric vehicle industry.
8.3.4 Usage Tracking
The key measure of a commons’ success is whether its assets are put to productive use by the target user base. Thus, whether it is a technical standard, an open source software program or a green technology, the contribution of rights covering such a technology is pointless if others do not utilize the invention. Yet because most commons do not, and cannot, track usage of their included assets, it is nearly impossible for them to assess their impact on the industry.
Contreras, Hall, and Helmers, in studying the EcoPatent Commons, found few citations of contributed patents in later patents (Contreras et al. Reference Contreras, Hall and Helmers2019). And while counting patent citations is only a crude and indirect means for measuring the adoption and use of a technology, no other obvious indicia of usage present themselves in most of the green commons to date. Even WIPO Green, which allows users to indicate their usage of a technology licensed through the platform, offers little evidence of such usage.
The lack of usage tracking presents a critical problem for firms that wish to justify their participation in a commons program by pointing to some positive result of the program. Without this evidence of impact, commons efforts can be criticized as mere public relations stunts or “greenwashing.”
8.3.5 Technology Transfer
In some technology sectors, obtaining patent “freedom to operate” is important to technology dissemination and a commons offering such freedom to market participants can provide significant value (e.g., in the computing sector, the royalty-free USB standard can be implemented by all manufacturers with relative ease, and the lack of patent coverage eliminates barriers toward its adoption). Yet in other areas, such as vaccine and pharmaceutical production, it has become increasingly clear that the grant of patent rights alone is insufficient to promote the dissemination and use of a technology (Price et al. Reference Price II, Rai and Minssen2020). Complex technologies often cannot be understood and implemented, especially by nonexperts working in the developing world, merely through patent disclosures. Instead, some form of technology assistance or transfer is necessary to enable local users to take advantage of patented technologies, or even to realize that such technologies are available and applicable to local problems. This is especially the case with complex engineering and infrastructural technologies, many of which are not patented in low-income countries, but which are still difficult to implement without significant technical expertise. Yet few of the patent commons discussed earlier made allowance of the transfer of nonpatent know-how or encouraged their participants to offer hands-on training or technical assistance to potential users.
8.3.6 Localization
As Xiang has pointed out, “cleantech needs to be adapted to local circumstances” (Xiang Reference Xiang2019, 9). It often cannot simply be ported in the form conceived in a wealthy industrialized country to a country that lacks the same infrastructure and resources. As such, contributions of patent rights to a commons may have little direct relevance to users in much of the world absent specific and careful attention to local implementation needs and capabilities.
8.4 Summary
As shown in this section, private efforts at commons formation require a compelling story regarding the value that can be created through a commons approach. While private firms have proven willing to contribute valuable patent assets to commons, their willingness to do so is often conditioned on being able to discern some positive impact of that contribution down the road. Yet without formal tracking mechanisms, it is difficult to determine the use of patented technologies in the field. Moreover, take-up of patented technologies, particularly in the global south, is hindered by a lack of accompanying technical assistance and know-how transfer. For all of these reasons, the effectiveness of prior green patent commons has been limited.
8.5 Recommendations for Commons Formation
If private sector actors wish to create or contribute to green patent commons in the future, there may be ways to improve their prospects for success. A few suggestions in this regard are listed next. It is important to note at the outset, though, that many of these suggested actions can only be undertaken with adequate funding. Thus, planners should identify sources of funding, whether governmental, philanthropic, or member-based, to support these activities for at least several years.
8.5.1 Narrow Technical Focus
As noted, the field of green technology is dauntingly broad. As a result, green patent commons that have been open to participation by a broad range of patent holders have attracted diverse and unrelated patent assets (Contreras et al. Reference Contreras, Hall and Helmers2019). This lack of focus has limited the value of such efforts (Mattioli Reference Mattioli2012, 155). As a result, a new green patent commons should have a narrow technical focus limited to no more than a single, well-defined product category (e.g., electric vehicles, sustainable concrete, low-power computing centers). While a narrow focus may limit the number of participants that eventually contribute assets to the commons, it is more likely that contributed assets will represent a meaningful portion of the patents covering the technology in question, thus making the commons a valuable resource for potential users.
The initial promoters of a new green patent commons must select its technical focus. If the promoters are from a single industry (e.g., the automotive industry), then it is likely that they will gravitate toward a focus that overlays on their own patent holdings. If, however, the initial promoters are not industrial participants (e.g., academic or governmental players), then they may wish to target the technical focus based on areas of perceived need or demand. For example, if their concern is with water supply, they may wish to focus the commons on water desalination and purification technology, or perhaps low-flow plumbing fixtures or efficient irrigation technologies. In all cases, commons planners should consider the factors raised in the following section prior to finalizing their choice of the commons technology focus.
8.5.2 Patent Landscaping
With a proposed technical focus in mind, commons planners would be well advised to determine the level of patent protection that exists for the chosen technology. A patent landscaping exercise, which can be accomplished via one of several different commercial service providers, identifies the patent coverage for a particular technology across a range of selected jurisdictions. A landscaping exercise can help to identify (a) the number of patents relevant to the technology, (b) the geographic scope of protection, and (c) the specific entities holding these patents. Each of these types of information can be valuable at the planning stages of a commons. For example, if a particular technology such as wireless communication capabilities for smart meters is covered by a large number of patents, while a different, yet similarly valuable technology, such as smart meter tamper-proofing, is covered by only a few patents, then it may be worthwhile to focus on the technology that has lesser (or greater) patent coverage, depending on the resources that will be at the commons’ disposal. Likewise, the geographic profile of patent coverage can shape commons strategy. For example, if a technology is protected largely in Western high-income countries, then an approach that seeks to disseminate that technology in the global south through knowledge transfer and technical assistance could be fruitful. Finally, knowing how many and which entities own the patents covering a technology can be extremely useful. For example, a technology covered by patents held by a small number of governmental agencies could be approached in a different manner than a technology covered by patents held by dozens of private firms. For example, in one recent study, researchers found that the vast majority of Indian patents covering smartphone technology were held by a handful of foreign firms well known for aggressively monetizing their patent portfolios (Contreras and Lakshané 2017). Pursuing a commons in this technology space and geography would likely have been fruitless.
8.5.3 Targeted Recruitment
As shown by the examples of the EcoPatent Commons and other green patent commons, a general solicitation for participation, unless backed by a significant and well-funded recruitment program, is not likely to result in significant growth of the commons. However, the patent landscaping exercise described in the preceding section can identify individual patent holders that can be approached regarding participation in a commons effort. Such an approach can emphasize the potential benefits that a firm can obtain from participation in the commons including, in addition to the “soft” factors discussed in “Contribution of Patents,” the potential to sell related products or services (a common motivation for royalty-free patent pledges in other industries (Contreras Reference Contreras2015).
8.5.4 Guaranteeing Freedom to Operate
Both GreenXchange and WIPO Green permitted patent holders to charge users to operate under contributed patents in certain cases, such as commercial use. The possibility of such charges is likely to reduce overall uptake of patented technology. As the designers of the Open Covid Pledge concluded in 2020, the greatest uptake of a pledged or contributed technology is likely to occur when the technology is made available without charge, as this guarantees that the user will have freedom to operate, at least with respect to the contributed patents (Contreras Reference Contreras2021, 861–862).Footnote 3 Thus, rather than leave open the possibility of direct monetization of contributed patents, patent holders should seek compensation, direct or indirect, via the means described in the preceding section.
8.5.5 Technology Transfer and Assistance
As noted earlier, one of the key drawbacks of prior green patent commons was their lack of know-how transfer and technical assistance, and it is likely that assistance from patent holders would increase dissemination and use of contributed technology. However, unlike the contribution of patent rights to a commons, which is a legal action that, once effected, requires little human intervention, technical assistance is a resource-intensive activity that imposes ongoing costs on the provider. As such, such assistance is unlikely to be provided unless (a) the patent holder is willing to commit significant financial and human resources to technical assistance, potentially detracting from its own research and development efforts, (b) the patent holder is compensated for the provision of technical assistance, either by the recipient (which is unlikely) or by a third party (e.g., a foundation interested in promoting green technology dissemination), or (c) such technical assistance is provided by a third party such as the foundation noted earlier. Planners of a commons should carefully consider and seek the support necessary to provide technical assistance under one of these models if the relevant technology requires such assistance in order to be most useful in the target market(s).
8.5.6 User Outreach
Just as targeting potential contributors to a green patent commons is important, so is the thoughtful targeting of potential users. Commons planners should identify potential users, or classes of users, when selecting the technical focus of the commons. One clear group of potential users is the holders of patents identified through the landscaping exercise suggested earlier. These are firms that have already invested in the development and protection of the technology in question and are likely to benefit from increased freedom to operate in the relevant technical field. Beyond patent holders are firms active in providing products or services in the technical field, but which rely on others to source the relevant technology. Beyond these (particularly in the developing world) are firms, governments, and nongovernmental organizations that have missions relevant to the technology field but may not yet be active in it. All of these prospective users should be identified and contacted, with an offer of technical assistance, by commons organizers or their designees.
8.5.7 User Tracing
As noted, a key deficiency of the EcoPatent Commons and other green patent commons has been their inability to trace the usage of contributed assets, or even to assess definitively whether such assets have been used at all. This lack of usage data has deterred firms from participating in patent commons, as they have little basis on which to assess the value of the activity. There are several ways that usage tracking can be improved. First, if know-how transfer and technical assistance are more closely linked to patent usage, then identifying potential technology users will be substantially easier, as the recipients of such assistance can be observed. But even without technical outreach, contributors can monitor the industry for evidence that patented technologies are being put to active use. Such monitoring will be made substantially easier if the technical focus of green patent commons is narrowed, per the suggestions made here, rather than broadly open-ended, as prior commons have been (i.e., it is easier to monitor developments and product introductions in a narrow field than a broad one). In all cases, commons organizers should either dedicate sufficient internal resources to user identification or contract with a reliable and dedicated third party, such as an academic or nonprofit research group, to undertake this activity over a sufficient number of years following the contribution of assets.
8.6 Conclusion
Private green patent commons have the potential to facilitate the broad dissemination and usage of green and clean technologies worldwide. While prior commons formation efforts in the green technology space have not been broadly successful, they offer several lessons that can be used to improve planning and execution of future commons efforts. In particular, a narrow technical focus, accompanied by patent landscaping and with targeted recruitment of patent holders has the potential to increase participation in selected technical fields, while thoughtful identification of, and outreach to, potential users of the contributed technology can improve its chances of broad dissemination and use.
9.1 Introduction
“Knowledge commons” describes a research framework aimed at characterizing and understanding processes of governing knowledge and information shared in collective or community settings. The rhetoric of commons is often linked to the intuition that knowledge commons is, or ought to be, associated with inclusive and collaborative knowledge production and distribution. This chapter describes and builds on the opposite intuition, that knowledge commons governance may be associated with the construction of expertise and expert authority, which is to say, governance of a sort of collective epistemological exclusivity. It offers a brief review of the Intergovernmental Panel on Climate Change (IPCC), as an illustration of what the chapter refers to as expert knowledge commons.
The IPCC was established in 1988 as an intergovernmental body of the United Nations, charged with advancing scientific knowledge about climate change in order to inform public policy decision-making. As an institution and instrument of authority grounded in scientific expertise, the IPCC has come to play a critical role in advancing political, cultural, and economic awareness of the character of climate change. The IPCC has been the subject of a great deal of research, none of which has focused directly on the manner in which its authoritative status rests both formally and informally on multiple layers of shared knowledge, information, and data. Examining the IPCC as expert knowledge commons highlights the essential role that knowledge commons analysis plays in understanding intersections between knowledge governance and scientific expertise both generally and with respect to environmental policy and the applications of climate science specifically.
The chapter is organized as follows. Section 9.2 describes the Governing Knowledge Commons (GKC) research framework and earlier GKC studies connecting it to expert scientific knowledge and to expertise and authority generally. Section 9.3 describes a model of expert knowledge commons inferred from the GKC case studies summarized in Section 9.2 and links that model to key research on the character of expertise and authority. Section 9.4 illustrates the model with a brief review of the IPCC as expert knowledge commons. The GKC research framework is deployed not as a device for a full-fledged case study of the IPCC as knowledge commons but instead as a means of drawing out elements of the IPCC, and earlier research on the IPCC, that can be productively characterized in knowledge commons terms. Section 9.5 concludes with some implications and suggestions for further research.
9.2 Governing Knowledge Commons and the Institutions of Expertise
GKC research has previously addressed knowledge commons governance in the context of scientific knowledge. This section extracts key elements of that earlier research in order to direct attention to the uses of the GKC framework in understanding institutions of expertise and authority themselves.
9.2.1 The Elements of the GKC Framework
The GKC research framework is used to capture key elements of governance contexts involving (i) knowledge, information, and data resources that are (ii) shared within or by a community or collective, and (iii) subject to social dilemmas (Frischmann et al. Reference Dedeurwaerdere, Frischmann, Hess, Lametti, Madison, Schweik and Strandburg2014). “Commons” and “knowledge commons” are, in this framing, labels that attach to the governance strategies used to respond to those dilemmas rather than to the resource(s) or to the community/ies involved. Full open access, sometimes associated with the public domain in intellectual property law, is a governance strategy that partly solves social dilemmas associated with next-generation innovators needing access to earlier technological inventions. (The public domain, in short, is not “a commons.”) Open source licenses for computer software are governance strategies that solve a dilemma associated with software developers to coordinate with one another in building complex computer programs. The GKC framework is described in the Introduction to this volume.
The pairing of shared knowledge resources and institutional context stands in contrast to a typical focus in the history of ideas and the progress of knowledge on individual contributions by individual thinkers, inventors, creators, and practitioners. Conventionally, where knowledge or information is treated as a pooled resource, it is often characterized in both cultural and legal senses as “open” or “public.” The GKC perspective navigates between those two poles, by observing that individual actors are characteristically operating in important communal or collective contexts, and that even “open” or “public” information either poses or responds to social dilemmas.
The term “commons” offers only a modest amount of normative or categorical guidance, aside from aligning the framework with the earlier work of Elinor Ostrom describing commons governance largely with respect to natural or biophysical resources (Ostrom Reference Ostrom2005). Instead, the key contribution of the GKC framework is its focus on the production and distribution of shared (often pooled) information and knowledge resources in their institutional settings. Whether or not a case study of knowledge commons is directed to a “commons” as opposed to “a corporation” or “a clearinghouse” or some other institutional setting is far less significant than whether the analytic framework offered by GKC research contributes significantly to understanding institutional dynamics (Madison Reference Madison2024).
9.2.2 GKC Case Studies Addressing the Origins of Expertise
GKC research has proceeded to date largely via qualitative case studies. Four of those stand out here for their utility in illustrating how GKC-style analysis helps to frame research on expert knowledge commons.
In “The University as Constructed Cultural Commons,” I, along with Frischmann and Strandburg, interpreted the evolving form of the research university through history as a story of the evolution of a multilayered or polycentric knowledge commons (Madison et al. Reference Madison2009). Whether looking at the US experience, the history of higher education in Continental Europe, in the UK, or elsewhere around the world, any given model of the university and any given specific institution constitutes primarily an exercise in governing the production and distribution of specialized, shared bodies of knowledge through teaching, research, scholarship, and the composition and curation of libraries, archives, and collections. Bureaucratically, universities are organized into faculties, schools, colleges, and centers and institutes, formally marking the boundaries of communities that we know as research fields and disciplines, sometimes joining them in the pursuit of “interdisciplinary” collaboration. University administrators and faculty develop and apply rules for admitting both students and faculty colleagues to the rank of “inside” community participants of different sorts, granting them specialized training, capabilities, and control over the intellectual contours of different disciplines, practices, and professions. In many countries, especially the US, the specialized knowledge communities that define the university (and are defined by it) are marked physically by the boundaries of the university campus.
In “Commons at the Intersection of Peer Production, Citizen Science, and Big Data: Galaxy Zoo,” I described a citizen science research project in astronomy (Madison Reference Dedeurwaerdere, Frischmann, Hess, Lametti, Madison, Schweik and Strandburg2014). A pair of junior astronomy researchers, then at Oxford University, faced a research question where the relevant data (images of galaxies) could be analyzed only by hand and eye (given the technology of the time) and therefore, using conventional “insider” faculty and student labor, only over an extended period of time. To accelerate the research, the insiders built a web-based system that shared the image data with the public and invited “ordinary” citizens to participate in the data analysis. The result was, among other things, the formation of an especially successful “citizen science” collective, known as the Galaxy Zoo for its breadth, demographic diversity, and unifying theme. Without expressing the intention to do so directly, the project’s academic leaders in effect created modest “researcher identities” among many of those who contributed their time and talents, without the certification or validation that typically accompanies the pursuit of disciplinary training, and without the tight control over development and distribution of disciplinary knowledge that is often characteristic of the academic enterprise.
In “The Republic of Letters and the Origins of Scientific Knowledge Commons,” I looked to the earlier practices of scientific communication in late seventeenth- and eighteenth-century Europe, the UK, and colonial America that came to be called the “Republic of Letters,” after the fact that the bulk of the communications constituted letters written and delivered by individual investigators to other individual investigators (Madison Reference Madison, Sanfilippo, Frischmann and Strandburg2021). What we recognize today as early forms of scientific knowledge were produced and documented in the first place by individuals who were in the process of developing versions of a scientific method in the isolation and privacy of their respective homes. Transmitting their findings to one another, and then, per customs that evolved across decades, retransmitting the letters and ultimately authorizing their publication in early scientific journals, enabled the emergence of an early community of publicly identified scientists, even if that modern label did not exist at the time. They were individually engaged in communal scientific practice, including early forms of peer review, built on the foundations of purely private, and often recreational, inquiry.
In “The Kind of Solution a Smart City Is: Knowledge Commons and Postindustrial Pittsburgh,” I examined practices of technology- and data-reliant urban administration in one modestly scaled American city, Pittsburgh, beginning in the early twentieth century and continuing through the contemporary “smart city” era (Madison Reference Frischmann, Madison and Rose Sanfilippo2023). The “smart city,” I concluded, represents a synthesis of technological and administrative expertise and political and administrative power, collecting data from citizens and deploying analytics technologies with scant participation or oversight from the community, broadly considered. The shared or commons character of the phenomenon lies in the manner in which data is shared across a technocratic polycentric order, organized institutionally in public sector actors (city and county governments), private sector actors (large and small technology vendors), private philanthropies (funding much of the administrative systems necessary to build effective collaborations between the two), and the region’s two major universities (sources of both technological expertise and public policy expertise).
Section 9.3 builds on these case studies, offering and illustrating a preliminary model of expertise knowledge commons that will be illustrated in Section 9.4 by the IPCC.
9.3 A Model of Expert Knowledge Commons
Robin Mansell (Reference Mansell2013), following Nelson and Sampat (Reference Nelson and Sampat2001), uses the phrase “social technology” to describe different patterns of authority and control over shared information resources. She describes versions of “constituted authority” (longer-standing, more formalized forms and procedures of authority, more likely to be useful where the relevant knowledge accumulates in durable forms over time) and “adaptive authority” (more fluid forms and procedures, more likely to be useful where information and knowledge is developed for near-term application).
Expert knowledge commons characteristically is an instance of the former: constituted authority. But that label begins the inquiry rather than closing it. The question remains: Where does expertise come from? How does the authority of expert knowledge commons arise? How does it operate, change, and perhaps expire? In what respects does looking at expert knowledge commons in terms of the conceptual syntax of commons and knowledge sharing add to or refine existing scholarship on expertise and expert communities?
A model anchored in the GKC framework gets us started on responses to those questions.
9.3.1 Expertise: Lessons from GKC Research
GKC researchers to date have largely avoided characterizing their research in terms of building models and instead have relied, as Ostrom often did, on the idea that GKC research builds from a common research framework. Here, I undertake preliminary steps in the direction of offering one model of knowledge commons in one domain: expertise and expert communities.
The three GKC case studies described earlier yield, preliminarily, the following attributes that are characteristic of expert knowledge commons:
[1] New knowledge, or mechanisms for generating knowledge resources. The relevant resources may constitute a pool of “resource units” or a body of propositional knowledge or knowledge of methods, processes, (at times) associated skills, that is not necessarily decomposable into units or flows.
The protoscientists of the Republic of Letters generated knowledge via observation and experiment, documenting their results and sharing them with one another; the citizen scientists of the Galaxy Zoo generated almost innumerable small-scale items of knowledge – observations and classifications of galaxies – that were pooled via the Zoo mechanism. University-based researchers throughout history have developed new knowledge via study, analysis, observation, and experiment. The “smart city” generates new knowledge and information via the collection of massive quantities of observational data.
The knowledge or information in question need not always be novel or inventive, as if expert communities are grounded in concepts often associated with patent law. “Expertise” often is associated with decision-making or action by others (Grundmann Reference Grundmann2017), but as I derive the model, I assimilate that narrower reading of “expertise” to the broader category of “knowledge.” Here, the substance of the resource has some specialized character, because of the costs of obtaining it or documenting it (in time, labor and skill, or money). Collecting, gathering, analyzing, organizing, or synthesizing previously developed knowledge, located metaphorically both “inside” or “outside” the community, may be a useful foundation for a body of expertise. The uses of expertise may vary from field to field and over time.
[2] Codified knowledge, or mechanisms for embodying knowledge durably as true, factual, and/or authoritative within the community or collective.
The Republic of Letters produced an actual body of letters, many of which later found their way into printed scholarly publications. The data collected via the Galaxy Zoo were gathered in a massive database, which was the basis for a number of scholarly publications. (The citizen “scientists” were included as “authors” of some of those works, to the extent that scholarly publishers permitted that.) Academic researchers working in university settings produce journal articles, monographs, datasets, and other “scholarly” works. Smart city practitioners collect and house data in massive databases and construct computer interfaces for accessing them that may be accessible to expert public sector administrators.
Knowledge not only has to be shared from person to person but also has to be documented, in text or other embodied form – scientific instruments, for example – for it to persist across a population and across time and for it to be capable of being shared more widely. The mechanisms of embodiment might include forms of human practice, particularly where “expertise” consists of methods associated with craft or trades rather than forms of knowledge production associated with educational systems or scientific research. The mechanisms may be informal and normative, as in the case of prestige economies; may be systematized, as in the case of peer review for scientific publication; and may be anchored in law, as in certain provisions of copyright law that exclude certain forms of knowledge and human creation from copyright coverage, that is, that characterize certain material as “ideas,” in order to render them accessible for downstream uses.
The fact that the codified knowledge resource and its mechanisms should be “durable” does not mean that they should be inflexible, nor that they should be, in effect, permanent. Universities usually have buildings, including housing and social spaces for faculty and students (at times), libraries (traditionally), and places for teaching and researching (classrooms, laboratories). But not all do. Mechanisms of knowledge production and contribution have to interrelate productively with mechanisms of codification. The “progress of science,” a phrase that appears in the US Constitution as a justification for Western intellectual property law, means, among other things, that the progress of knowledge is associated with both expansion of communities and domains of expertise and also with changes to both. Codifying expert knowledge entails mechanisms for resolving conflicts among different claims to truth.
Codified or durable forms of shared knowledge may be and often are accompanied by shared tacit knowledge, some of which may be directed to means of codification, some of which may be directed to means of transmission or distribution, and some of which may be directed to means of adaptation and evolution. Those three dimensions of tacit knowledge are, to be sure, not sharply distinct from one another.
[3] Associated knowledge, or mechanisms for confirming the association of individuals who create or embody knowledge with a collection of “experts” recognized internally (that is, within the group) as an authoritative custodian of both the resources and the processes of codification.
The Republic of Letters was recognized as such in its own time by members of the correspondence network. The citizens in the Galaxy Zoo seem to have bonded themselves to the collective scientific effort by adopting some of the trappings and habits of professional scientists; the bonding was ratified and documented by the leaders’ practice of publicly acknowledging the citizens’ “authorial” contributions to their published work. In the university setting, in modern times the terminal degree is the standard currency used to recognize a person as a member of an expert community, even if not all full-time academic researchers have earned the PhD and not all holders of PhD degrees work as academic researchers. Academic rituals, notably installations of university presidents and vice chancellors and conferral of degrees, retain the color and pomp of medieval academic ceremony. The smart city phenomenon has become brand as well as practice, meaning that those who design, implement, and supervise the operation of smart city systems are well-aware of their insider status as practitioners of the smart city.
The expert community has formal and/or informal means of determining who is an expert and who is not, which is to say, for identifying and then reproducing itself, constituting itself as a body with privileged understanding of the knowledge that constitutes the “expertise.” This entails a reasonable degree of purposefulness and collective self-awareness; it seems unlikely that a group of individuals would identify itself as an expert community, or would include or exclude a member, by inadvertence or accident. These may include educational pathways and certifications, such as the PhD; may include professional associations for disciplines and professionals; licensing systems administered wholly or partly by the state; rituals of communal recognition; and informal normative systems, again, perhaps more frequently associated with amateur or hobbyist practitioners who aspire to recognition as experts.
Membership rules may be more porous or more rigid, so that the expertise in question may be formally open to anyone, but understanding and use of that expertise may require formal or informal association of individuals with the expert community. Once “in” the community of experts, membership may erode over time (for example, an expert practitioner may change the direction of their research or practice) or, at the margin, the incumbent members may eject a noncompliant or nonparticipating individual. Expert communities may wither away as the relevant body of “expertise” loses its authoritative status (for example, in the late nineteenth century, as the “practice” of “patent medicine” gave way to science-based medicine, the “community” of charlatan practitioners gave way to a new community of trained physicians) or as subgroups split off and form their own expert groups, perhaps combining with other expert communities.
[4] Translated knowledge, or mechanisms for groups and individuals outside the expert community for recognizing its existence, its status as custodian of a relevant body of expertise, and, where and when appropriate, the privilege of the group and its individual members to speak outside the group with legitimacy and authority on matters within its subject matter domain.
The citizens of the Republic of Letters had no voice or audience for their correspondence until some of the letters were collected and published as parts of earlier scientific journals. The citizen scientists of the Galaxy Zoo saw their work rewarded via the development of online Galaxy Zoo research products and by the spillover of the “Zoo” citizen science model into other crowdsourced data analysis projects, as one lay-group-turned-expert modeled the pathway for others to do the same. Academic researchers are tasked with the central purpose of educating and training their own disciplinary successors and also transmitting relevant portions of their expertise to nonexperts, which is to say, undergraduates and other trainees. Smart city practice depends in the first place on ongoing trusted relationships among technical experts and administrative experts, and in the second place on reliance by the broader citizenry on the expertise of those who “run” their communities.
Polycentricity is, among other things, the term that captures the concept that governance practices, including knowledge commons governance, are constituted by interactions among rules and actors operating in intersecting and overlapping institutions or informal groups (Aligica and Tarko Reference Aligica and Tarko2012). “Translated knowledge” signifies that expert knowledge commons are characteristically polycentric. There are expert insiders and both nonexpert outsiders and other expert outsiders; the presence of boundaries and divides among them is cause for exploring patterns of porosity and influence rather than a means of isolating expertise only on one side of the proverbial line. Acknowledgment of an expert knowledge commons by other experts or by outsiders is often central to the authority and legitimacy of the group and of its efforts to share its knowledge via teaching, participation in public policy dialogues, and advocacy and decision-making of other sorts. That makes explicit the idea that legitimacy and authority are social phenomena, generated via mechanisms of transferring trust and judgments of credibility from the relevant audience to the relevant expert community, rather than phenomena associated inherently with the truth or accuracy claims of the expert knowledge commons passing from the inside to the outside.
These are, in short, recursive, feedback-driven processes. Once generated, the legitimacy and authority that build on that trust require continued credible internal expert practice. If the expertise-producing or membership-policing functions of the expert community fail or are corrupted, the broader legitimacy and authority of the expert community may be at risk. But internally consistent expert practice may not be sufficient to preserve the expert knowledge commons relative to outside audiences. The fact that expert knowledge commons always operate at the intersection of insider expert communities and various outside nonexpert or different expert communities means that legitimacy and authority may be challenged by political, economic, cultural, and social influences emanating from outside the expert knowledge commons.
9.3.2 Antecedent and Allied Research on Experts and Expertise
Why add a model to the GKC research framework? The framework itself offers a mechanism for aligning research on expert knowledge commons with research on other institutions that may be characterized as knowledge commons, such as data commons, open code, biobanks, and infrastructure commons. The model adds two important features. One, the model helps to make explicit the premise of GKC research that resources and institutional contexts – here, expertise and governance of expertise – are closely intertwined knowledge commons phenomena that can be, nevertheless, disentangled. The “expert community” (the institutional context) both generates and is generated by the production and transmission of expertise (the resource). Two, the model offers accessible analytic clarity (“is this institution a case of expert knowledge commons?”), prescriptive guidance (“how might this institution develop into an expert knowledge commons?”), and diagnostic utility (“what are the causes of the prosperity of the expert knowledge commons, or its fragility?”). The uses of those questions are illustrated in Section 9.4.
Intellectual continuities should be noted along with these departures. Other scholars have hinted at least briefly at the concept of the “expert commons” as a species of knowledge commons (De Moor Reference De Moor2011) but have not pursued the subject in any depth. Other research traditions and key earlier work wrestles with some of the themes included in the GKC approach but often not in the comparativist vein that motivates it nor consistently in attention to governance processes alongside the character of knowledge or authority as such. Inevitably, given the brevity of this chapter, the following review is incomplete.
In the history and philosophy of science, in different respects Michael Polanyi (Reference Polanyi1962), Robert Merton (Reference Merton1974), and Thomas Kuhn (Reference Kuhn1962) each emphasized community, community identity, and the cultivation and uses of knowledge both within structured groups or by structured groups, as fundamental to the development of knowledge, and particularly scientific knowledge, by individual researchers. Similarly, Haas (Reference Haas1992) consolidates research on epistemic communities, operating both within and beyond scientific research. Jasanoff (Reference Jasanoff2005, 255) uses the phrase “civic epistemology” to describe institutionalized practices by which members of a given society test and deploy knowledge claims uses as a basis for making collective choices. Though much of the work organized around those contributions has focused on science, the development and codification of what we know today as the humanities similarly progressed through a series of institutional or collective forms, culminating in the refinement of universities and their schools and faculties (Wellmon Reference Wellmon2016). Snow’s division of the world of knowledge into scientific and humanistic “cultures” builds on that institutional foundation (Snow Reference Snow1959).
Work on knowledge, learning, and material culture has been consistently attentive to institutional implications and to resulting implications for knowledge classification (Blair Reference Blair2010), for canons of literatures (Searle Reference Searle1990), and to the construction of material infrastructures, including scientific instruments (Daston and Galison Reference Daston and Galison1992) and archives (Daston Reference Daston2017), among other things. The concept of the “community of practice” as a model for learning apprenticeships (Wenger Reference Wenger and Blackmore2010) has long since escaped its original research and practice context and been used to model collective knowledge practices of different sorts, including copyright and creativity (Madison Reference Madison2004).
Turning from scientific knowledge communities to research on expertise and disciplines, researchers in information science, sociology, and social epistemology have explored patterns of community definition (Brown and Duguid Reference Brown and Duguid2000; Abbott Reference Abbott2001) and the development of trust in expert communities in the context of formal epistemology (Goldman Reference Goldman2001). Histories of higher education draw attention to intersections among formal, public-facing institutions, on the one hand, and “invisible colleges” or intellectual networks (Kealey and Ricketts Reference Kealey and Ricketts2014), such as disciplines, on the other hand, where the latter may or may not be formalized via professional societies, conferences, journals, and otherwise.
Questions of trust in and reliance on expert communities bring in larger issues of institutional design and political legitimacy, recalling Hayek (Hayek Reference Hayek1945) as well as the different views of Walter Lippmann (for) and John Dewey (against) as to the proper role of technical experts in confronting public policy problems arising from the complexity of modern society (Lippmann Reference Lippmann1922; Friedman Reference Friedman2019). Debates over the relative merits of decentralized and centralized collections of experts and expertise in public administration persist to this day (Chandler Reference Chandler1998; Lofthouse and Schaefer Reference Lofthouse and Schaefer2024).
Last but far from least, the legal system itself makes important contributions to understandings of expertise in institutional context. In Daubert v. Merrell Dow Pharmaceuticals, Inc.,Footnote 1 the US Supreme Court adopted an interpretation of the Federal Rules of Evidence mandating that expert testimony may be admitted into evidence in federal cases only so long as the testimony is grounded in “scientific knowledge,” that is, so long as the testimony relies on knowledge generated according to scientific methods. The Daubert approach aims specifically to exclude from judicial proceedings so-called junk science and pseudoscience (Golan Reference Golan2007).
In sum, it appears that (to date) the interrelated dynamics of bodies of expert knowledge (“expertise”), bodies of experts (“expert communities”), and governance of knowledge and information sharing within and across those communities and adjacent communities have not been summed up into a model or system that permits ready comparative institutional analysis. Gustafsson (Reference Gustafsson2021) comes close, blending substantive expertise, relational expertise, technical knowledge, situated knowledge, and communitarian perspectives, but not recognizing the sum of those pieces as a system of knowledge governance.
Relative to the IPCC itself, O’Reilly and coauthors, in an extensive ethnographic study of the scientific review processes operating inside the IPCC, distinguish the organization from the “traditional” epistemic community described by Haas (Reference Haas1992) yet draw a sharp line between the review processes undertaken by IPCC authors and governance, which seems to be what happens elsewhere, in the policy and decision-making spheres (O’Reilly et al. 2024). Miller and Edwards link expert knowledge with environmental policy (Miller and Edwards Reference Miller, Edwards, Miller and Edwards2001), rightly steering away from a linear model by which expertise migrates from knowledge communities to decision-making communities, but without developing a single concept usable for analyses of knowledge governance generally. That is the contribution of a model of expert knowledge commons.
9.3.3 Dealing with Drawbacks and Gaps in the Expert Knowledge Commons Model
Models simplify. Using models presses researchers to examine conformity between the abstractions of the model and the case on the ground. Elements of the GKC research framework are subsumed in judgments associated with modeling expert knowledge commons, suggesting drawbacks and gaps. At the same time, models press researchers to examine alignment and consistency in how institutional concepts extend from one setting to another; operating manifestations of underlying structural patterns may be more important than functional details. In practice, the model and the framework should be deployed alongside one another, so that the possible absence of nuance and flexibility in the model can be recovered via the framework. Section 9.4 illustrates that rhythm in its case study of the IPCC. Section 9.3.3.1 briefly anticipates that illustration with a catalog of material that the model appears to exclude and that the framework might reintroduce.
9.3.3.1 What the Model Omits
Research using the GKC framework characteristically begins by exploring institutional history, both purposive and accidental or inadvertent. The model captures only a snapshot of institutional practice at a given moment in time.
The framework encourages attention to the character of shared “resources,” including knowledge goods or items that compose a knowledge “pool,” an adaptation of focus in the Ostrom tradition on shared “goods” and, by extension, on characterization of those goods in terms of the economics of property: private goods, public goods, club goods, and “common pool” resources. By contrast, even if the GKC framework were invested in that taxonomy, the model as outlined earlier may assume a body or pool of expertise that is not decomposable into units or flows of information. As a result, the GKC framework may be used to analyze knowledge-sharing practices in which shared knowledge is manifest even while the shared material does not constitute a collection of immaterial “things.” Frischmann’s study of “common sense” commons offers an illustration (Frischmann Reference Frischmann, Kuchar and Decker2021).
The GKC framework emphasizes specific “action arenas” and specific governance strategies deployed within them often referred to as “rules in use.” Those strategies may be polycentric and nested. By contrast, the model defaults to identifying unspecified “mechanisms” rather than “rules in use.” Expertise may or may not have material or virtual “venues” or “locations.”
Last, even though the GKC framework is in itself a means for engaging in descriptive research, it encourages researchers to develop and apply clear standards for evaluating the normative implications of knowledge governance institutions. The standard starting point is the institution’s success in addressing the social dilemmas that prompted development of knowledge commons governance strategies. Looking beyond that beginning, however, evaluating commons governance effectively and consistently has proved elusive, because questions inevitably arise as to the virtues of assessing institutional performance using externally imposed criteria (such as responsiveness to social need; compliance with formal legal systems; sustainability; efficiency; or fairness) or internally imposed criteria (such as the extent of voluntary community participation; transparency; and responsiveness or accountability to community members). By contrast, the expert knowledge commons model includes no normative assessment features. That omission is salient in light of material that the model highlights, which is considered next.
9.3.3.2 What the Model Highlights
The expert knowledge commons model sharpens awareness and understanding of certain features that research using the GKC framework may otherwise obscure.
The model draws attention to the nuanced character of the purposes motivating the development of expertise. Expert knowledge commons typically have designs, even if those designs may emerge over time. GKC research has long acknowledged that “commons happen” sometimes; not all knowledge commons are purposeful responses to social dilemmas involving shared knowledge resources. The focus on purpose brings forward key questions about the development, constitution, and evolution of disciplines, fields, and professions. How do these come into being? What patterns of collaboration and leadership, on the one hand, and technological, economic, and cultural conditions, on the other hand, contribute productively to the cultivation of expertise and expert communities, both inside and outside practitioner groups? What patterns undermine the development of expertise? In the modern era, data science is an example of a new field of expertise motivated largely by technological and economic conditions. A century ago, recognition of the field of forensic science received a substantial boost in the Sherlock Holmes stories of Sir Arthur Conan Doyle.
The model draws attention to distinctions between centrally managed commons, in which mechanisms guiding the use and maintenance of resources are determined largely by actors operating outside the community, and user-managed commons, in which the opposite condition applies. Any given expert community is likely to involve a combination of the two, leading potentially to conflicts between the difference governance strategies and the actors involved in each and to attention to power dynamics within an expert community (between junior and senior experts, for example) and between expert communities and external institutions or actors (such as nonexpert community groups or political actors).
The model draws attention to the role of expertise as a vehicle for social and cultural authority. Because expertise is largely relevant to the extent that it is incorporated into governance processes or strategies of other sorts, the uses of expert knowledge commons in mediating between actors on the inside of the expert community and actors and institutions on the outside are particularly significant. The model therefore brings the politics of expertise and expert communities into focus, engaging questions of normative and descriptive legitimacy and of possible harm produced by reliance on outdated or corrupted expertise and expertise improperly equated with social status or uncritically aligned with political power, in ways that the GKC framework, as a mechanism primarily aimed at descriptive analysis, is not obviously equipped to do. The collected GKC case studies focusing on governance of urban data and “smart city” technologies illustrate the tensions between normative framings (planning experts’ overreliance on technocratic solutions to urban governance dilemmas) and descriptive ones (surfacing the details of technology implementations and human oversight) (Frischmann et al. Reference Frischmann, Madison and Rose Sanfilippo2023).
Last, the model anticipates understanding the erosion and possible demise of authority. Much knowledge commons analysis depends conceptually on identifying conceptual and material boundaries of various sorts, along with the processes through which contests over boundaries are initiated, conducted, and resolved. Boundaries may be more or less clear, distinct, firm, fixed, fair, and accurate, or durable. Understanding how boundaries are built and managed is to take, usually, an optimistic view of governance; understanding the failure of boundaries is, usually, to look cynically or pessimistically. The changing patterns of recognized expertise over time turns the erosion of boundaries into a central theme.
9.4 The IPCC as Expert Knowledge Commons
This chapter originated in the instinct that the IPCC would offer a full-blown knowledge commons case study. The quantity of scholarly literature examining the IPCC in different respects made that approach seem unproductive, in the sense that the IPCC’s status as an institution synthesizing scientific knowledge for public policy decision making has been uncontroverted for a long time (Beck Reference Beck2011).
The character of the IPCC’s status as an expertise-based organization has long been contested, especially within the community of scholars of scientific knowledge and environmental policy (Boehmer-Christiansen 1993; Shackley and Skodvin Reference Shackley and Skodvin1995; Shackley Reference Shackley1997; Beck and Forsyth Reference Beck, Forsyth, Hilgartner, Miller and Hagendijk2015; Grundmann Reference Grundmann2023). That contest leads to the proposition advanced here, that the expert knowledge commons model derived earlier offers a novel and useful way to understand the IPCC both in its own settings and as an illustration of the utility of the GKC approach generally, beyond climate policy and beyond scientific expertise.
9.4.1 What Is the IPCC?
The following uncritical, abbreviated history of the IPCC and its operations sets the stage for using it to illustrate the expert knowledge commons model, borrowing generously from earlier research results that echo the themes of the GKC research framework.
The IPCC was established in 1988 as an intergovernmental organization initially formed by the World Meteorological Organization (WMO) and the United Nations Environment Programme and endorsed shortly thereafter by the United Nations General Assembly. The formation of the IPCC followed flurries of international activity as to climate, including convenings and syntheses of climate research by the WMO and by the International Council of Scientific Unions (Zillman Reference Zillman2007). Its purpose, as outlined in the corresponding United Nations Resolution,Footnote 2 has been “to prepare a comprehensive review and recommendations with respect to the state of knowledge of the science of climate change; the social and economic impact of climate change, and the potential response strategies and elements for inclusion in a possible future international convention on climate.”
The IPCC has been, ever since, part of the organizational hierarchy of the UN, delivering expert knowledge to participants in negotiations under the United Nations Framework Convention on Climate Change (UNFCCC, adopted in 1992). The IPCC is governed by 195 member governments, acting through national delegations, who nominate and elect an IPCC Bureau of expert scientists (itself governed by an IPCC Executive Committee) to serve through an assessment cycle – usually six to seven years.
The IPCC Bureau supervises three Working Groups (climate science, impacts of climate change, and economic and social dimensions) and a task force, which undertake the IPCC’s scientific work and produce periodic consensus-based “Assessment Reports” for use by policymakers and others. The Working Groups and their chairs are supported internally by Technical Support Units and rely on hundreds of external contributing authors and thousands of expert reviewers. A document titled “Principles Governing IPCC Work” (which includes three appendices), approved initially in 1998 and amended periodically since then, sets out the formal principles, practices, and procedures that govern the work of the IPCC, the IPCC Bureau, and the Working Groups and Task Forces.Footnote 3
The IPCC has produced a total of six Assessment Reports to date and a handful of supplemental reports. The length and density of the Assessment Reports means that policymakers are more likely to rely on briefer “Summaries for Policymakers” for each of the Working Groups. Following the release of the Fourth Assessment Report in 2007, the IPCC was awarded the Nobel Peace Prize, along with former US Vice President Al Gore, in connection with contributions to the state of knowledge about man-made climate change. The Fifth Assessment Report was part of the scientific foundation for the Paris Climate Accords in 2016. Nevertheless, the reputation and quality of the IPCC’s work has been called into question, especially since the leak to the public in 2009 of certain internal documents that criticize the IPCC’s methods for evaluating different scientific contributions and indicate various sources of bias in constituting participation in the IPCC’s consensus-based processes, coming from within the organization and from external critics.
Even in this uncritical review, clear themes emerge that feed directly into using the IPCC to illustrate the expert knowledge commons model. As observers have said from the earliest days of the IPCC, the IPCC is not purely a scientific organization; it combines formal governance by political actors (hierarchically organized member governments) with both formal and informal governance by scientists, acting as twentieth- and twenty-first-century scientists typically do: in self-governing, peer-assessed scientific communities (Boehmer-Christiansen 1993). Both “wings” of that polycentric governance architecture are supported in large part by formal, technical, hierarchical bureaucracies of the sort familiar to anyone experienced in international relations but foreign, at least at the scale at which the IPCC has operated, to research science. The IPCC combines centralized bureaucratic governance and decentralized community governance in unprecedented and still unmatched ways.
The fact that the IPCC has been as successful as it has been in producing Assessment Reports, acquiring widely if not universally recognized status as an authoritative voice on matters of climate science and influencing international climate treaties is remarkable, in a way, given the fact that it addresses two noteworthy, interrelated social dilemmas (Madison et al. Reference Madison, Frischmann, Sanfilippo and Strandburg2022). One, scientists working in climatology and related fields up through the mid 1980s, together with corresponding government actors, realized that the proper way to address the harms of human-made climate change was to coordinate decisions and actions by national governments. This was, in Ostromian terms, a classic “tragic commons” social dilemma at a global scale. Two, addressing the governance dilemma as to global environmental policy and action required organizing a mechanism that had never before been produced successfully: a means for compiling and synthesizing scientific evidence to inform coordinated global decision-making. This was, in GKC terms, a knowledge commons social dilemma, one framed partly by the need to make sense of an abundance of diverse scientific information and data (Madison et al. Reference Madison, Frischmann, Sanfilippo and Strandburg2022), including not only geophysical data but also social science data, and partly by the need to make sense of that data in a way that would be useful and persuasive to lay audiences.
9.4.2 The IPCC as a Model Expert Knowledge Commons
The chapter concludes by pulling together observations and research about the IPCC to support its claim that the IPCC meets the criteria of the model expert knowledge commons, both supporting and extending arguments for reform of the IPCC and also enabling comparative research that aligns analysis of the IPCC analysis not only of other organizations undertaking research on climate change but also of other expert institutions, organizations, and communities, scientific and otherwise, as forms and practices of knowledge governance.
[1] New knowledge, or mechanisms for generating new knowledge resources.
[2] Codified knowledge, or mechanisms for codifying knowledge durably as true, factual, and/or authoritative within the community or collective.
These two features of the IPCC should not be in doubt, given the summary earlier and what is widely known about the purposes, practices, and products of the IPCC. As O’Reilly and coauthors write: “While the IPCC claims to not produce new knowledge, our previous studies disagree. The IPCC process and its reports synthesize and reorganize existing knowledge, drive research agendas, and inspire new research questions” (O’Reilly et al. 2024, 8) (citations omitted).
It is an error to limit understanding of the commons-relevant elements of the IPCC to the fact that its formal and informal review processes for gathering and integrating scientific research yield synthesized and documented new knowledge produced, formally, by “consensus” among scientific researchers, IPCC authors, and IPCC reviewers. Stopping there reinscribes a misleading linear framing of expertise production and delivery to decision-makers (Beck Reference Beck2011). An equivalent error treats the IPCC and related scientific organizations as intellectual and bureaucratic infrastructures, feeding higher-order decision-making systems (Edwards Reference Edwards2017).
[3] Associated knowledge, or mechanisms for confirming the association of individuals with a body of “experts” recognized internally (that is, within the group) as an authoritative custodian of both the resources and the processes of codification.
With respect to the relative “self”-awareness of the IPCC as a community of expertise, the key is understanding the IPCC itself as a collection of people who constitute expertise but who may not produce expert knowledge in themselves, located both inside IPCC processes and adjacent to it. They are reviewing, sorting, assessing, and prioritizing the results of scientific research produced elsewhere.
Because the IPCC does not itself conduct scientific research, it faces a social dilemma caused rather than solved by its design as institution intended to collect and synthesize scientific research product by others. The expertise presumptively associated with individual researchers, aligning them with their home institutions (in part) and with their respective scientific or technical disciplines (in part), needs to be shared, in some salient, legible way, with the IPCC itself.
The governance solution to this dilemma, as it so often is in the world of academic research, lies in the character of reputation and prestige as a form of professional currency. Reputation and prestige in any field are partly institutional, so that a person taking a position in that organization may benefit by the institution’s prestige being shared with the individual. The relationship works in the opposite direction: Individuals acquire reputations and prestige, which may be shared with an institution as part of the individual’s becoming a member. Reputation and prestige circulate recursively within the institution and its constituent members, cross-cutting with reputation and prestige effects of individuals associating with fields, disciplines, professional associations, and the like. Prestige is far from free-floating; individuals must do the work, and be known for doing the work, that generates prestige effects. Function and symbol go together, if rarely hand in glove. There is no assurance that the dynamics of prestige will foster cooperation and prosocial behavior – that is, that governing prestige as an intangible resource will solve social dilemmas productively – but some evidence suggests that prestige effects may do just that (Henrich et al. Reference Henrich, Chudek and Boyd2015).
O’Reilly and coauthors focus on precisely this phenomenon in the IPCC context. Those administering IPCC processes both borrow and confer prestige benefits in order to align individual expertise with the institutional authority of the IPCC:
Writing reports for the Intergovernmental Panel on Climate Change (IPCC) is a sociocultural experience shared among authors. Being selected as an IPCC author is generally considered a high-status service gig, one that offers no financial compensation. To be an IPCC author is to be identified by your nation, which nominates you, and the IPCC itself, which confirms you, as a leading climate scholar. One author noted that “my university president now knows who I am,” suggesting, at a minimum, reputational benefits to the role. Authors also note the serious fun of scholarly assessment, getting to know other climate experts, having the opportunity to travel, and helping to make a difference with one of the most critical issues of our time. Authors also often publish with members of their chapter team or other people they work with in the IPCC; so along with the report citation, authors may get some publications or projects – the major expectation for university researchers’ jobs – or secure new positions from the effort. (O’Reilly et al. 2024, 7–8) (citation omitted)
The end point of this governing “prestige as knowledge commons,” as this pattern might be known, is not simply reinforcement of the IPCC’s status in itself. The IPCC acquires a sort of “prestige shell” or shield, an outer coating of authoritative status as the leading singular voice in climate science, that permits the IPCC to exercise that voice, and be accepted in decision-making processes, in intergovernmental processes and public dialogue on climate change.
In an analogous sense, in corporate law, Gindis and Cole argue that an equivalent process of knowledge governance bundles the entirety of a corporation’s complex functions and identities beneath a singular “corporate mask,” through which the corporation acts and should be held accountable in commerce and in law (Gindis and Cole Reference Gindis, Cole and Gindis2025).
Likewise, the prestige and authority of the IPCC as an organization clearly depends on its sharing the prestige of the IPCC’s associated scientific researchers, authors, and reviewers, along with the extended prestige associated with their collective reliance on accepted scientific methods in research and peer review. But the IPCC’s prestige also stands on its own, in the sense that the shared prestige that the IPCC absorbs is also paid forward, in a way, as the IPCC’s products (principally the Assessment Reports) are accepted as authoritative by the IPCC’s stakeholders and audiences, or are at least intended to be accepted as such.
Finally, acceptance of and reliance on the IPCC’s products by government actors and others reinforces the status and authority of the IPCC and its associated scientists and technical experts. These are recursive processes, complicated enormously by the many ways in which the state and science intersect, as Miller and Edwards (Reference Miller, Edwards, Miller and Edwards2001) noted long ago.
[4] Translated knowledge, or mechanisms for groups and individuals outside the expert community for recognizing its existence, its status as custodian of a relevant body of expertise, and, where and when appropriate, the privilege of the group and its individual members to speak outside the group with legitimacy and authority on matters within its subject matter domain.
The last element of the expert knowledge commons model focuses precisely on the spaces and practices where those recursive processes take place, where expert communities and audiences intersect. In this instance, it is the boundary where science and the state abut one another and overlap. Prestige is one form of shared knowledge resource in this instance; expertise itself is the general knowledge resource that spans and connects different communities. In both respects the shared character of the resource is a sort of institutional glue, holding the multiple centers of authority in a pattern that defines a coordinated whole. The dynamics of “prestige” in that pattern are described earlier. The dynamics of expertise as a resource need some additional explanation. Expertise is not a single, static thing to which experts contribute and on which others rely. Instead, what we refer to as expertise, even in its codified or documented forms, constitutes an evolving body of propositions and practices that takes on different colors and attributes in the hands of different stakeholders and their purposes. “Expertise” in this sense renders the definition of the expert knowledge commons model disappointingly unclear, at least at the edges. But it is the very fluidity of the boundary condition that permits “translated knowledge” to bind multiple communities into a single expert knowledge commons.
Boundaries imply a certain number of relatively fixed poles or nodes. In that sense the IPCC is, like expert knowledge communities generally, an example of polycentric social order. Scientific expertise is gathered, weighed, and documented, according to both scientific practices (peer review and consensus mechanisms) and hierarchical bureaucracies descended significantly external state-related constraints on the IPCC’s design. Within the scientific center of order, there are multiple sources of scientific knowledge and expertise to be gathered, weighed, and documented; on the “state” side, the interests of different member states have to be identified and sorted.
Among the poles or nodes, rhetorical practices of documentation, translation, and persuasion can be collected as so-called boundary work, but here I distinguish the meaning of that term from its historical association with efforts by scientists to negotiate the separateness of their work from entanglements with market practices or with interference by the state. Examining the IPCC, Beck and Mahon (Reference Beck and Mahony2018) usefully summarize recent research that casts the IPCC as a “boundary organization” practicing “boundary work” both in “proceduralist” terms (in which the scientific world and the policy world each retains a significant degree of autonomy around a boundary that defines their negotiating interface) and in “interpretive” terms (in which the boundary itself represents the negotiated interdependence of the two worlds. That judgment seems correct, and it helps to confirm the status of the IPCC as an expert knowledge commons within the scope of this last element of the expert knowledge commons model.
To this characterization of the “boundary” function represented and performed by the IPCC, I would add only the note that Beck and Mahon, like virtually all of the other researchers whose work they cite and discuss, spend far more time and effort disentangling the sociopolitical attributes of the IPCC as an organization and far less time disentangling the similarly multifaceted attributes of the knowledge resources that the IPCC is intended to marshal, document, and distribute. In that regard, the research of Star and Griesemer on “boundary objects,” knowledge objects subject to different interpretations in the context of different, adjacent interpretive communities, is instructive (Star and Griesemer Reference Star and Griesemer1989). The IPCC’s Assessment Reports are not quite “boundary objects” in that sense, but they perform an analogous function, enabling multiple communities of interest to coordinate their activities around common focal points. A system – an institution – results: the expert knowledge commons, oriented to a shared conceptual “map” of climate knowledge that is always simultaneously fixed, given its documentary character, and fluid, given the different intersecting ways that it may be “read” by different experts. The allusion to Schelling (Reference Schelling1960) and research on focal points as coordination mechanisms is purposeful. Maps of knowledge create conceptual legibility; they help both researchers and practitioners see where their interests intersect, and how, and where they do not (Madison Reference Madison2009). The knowledge commons literature resists reifying “commons” as a space or as a place, but on occasion the metaphor suits.
9.5 Conclusion: Implications and Further Research
This chapter has described a model of expert knowledge commons derived from research using the GKC framework, and it has illustrated the model via brief review of the IPCC. Modeling knowledge commons governance in any sector is necessarily tentative. The review here is preliminary, particularly in the sense that it takes as its subject mostly formal and stylized representations of the IPCC. The chapter relies on the premise that GKC research to date justifies taking this step in the direction of model building, and on the related premise that existing literatures on experts, expertise, and epistemology leave open space to document expert knowledge commons as the chapter proposes.
Specifying the elements of an expert knowledge commons model clarifies the implications of seeing the IPCC as an expert knowledge commons, meaning that those who would diagnose its successes, failures, and future opportunities have firmer specific grounds on which to base their assessments. Flaws, biases, gaps, and missed opportunities remain to be woven into the narrative, though the hope is that alignment of the IPCC with the model provides a guide for doing so, consistent with the model’s derivation from the GKC framework. Continued exploration of the IPCC using the GKC framework gives both researchers and analysts the means to understand, in systematic ways, how the IPCC continues to evolve and adapt as an institution whose purpose is to support thoughtful policymaking. The model-based approach is necessarily comparatively static; the complementary framework-based approach is comparatively dynamic.
What difference does it make that the IPCC is viewed as an instance of expert knowledge commons, rather than as (for example) a cross-institutional scientific institution, an information clearinghouse or repository, an instrument of international relations, an instance of “civic epistemology,” or something else?
The answer likely lies in the ways in which GKC analysis is used in multiple respects, but always comparatively, to draw attention to overlaps and parallels between knowledge commons institutions with related structural functions despite dissimilar outward appearances, and to overlaps and intersections among the different insider and outsider communities that participate in governance of shared knowledge and information. Future research and analysis might compare the IPCC as expert knowledge commons to other governance institutions building expertise and expert knowledge communities focused on climate science. The IPCC as an expert knowledge commons might be situated directly alongside other expert knowledge commons with recognizable (that is, legible and sometimes bureaucratized) expert knowledge commons: universities, schools, research organizations (industrial, academic, and independent), departments, degrees, certifications and licensing, disciplines, professions, and trades, each involving different blends of substantive shared knowledge, decision-making modalities, and intellectual and embodied skills.
Comparative analysis need not be limited to climate science expertise or to scientific expertise of any sort. Expert knowledge commons governance may be observed in practice in any number of domains of human activity, ranging from the general to the specific, from literary analysis to competitive sport. Literature on norm-governed creative communities, which produce original, creative material without relying on incentives offered by intellectual property law (Darling and Perzanowski Reference Darling and Perzanowski2017), may be assimilated easily to the expert knowledge commons model.
With respect to the IPCC itself and climate science generally, this case study and follow-on research can refine a general model for the role of shared expertise in environmental policy design, one that focuses not only on governance that addresses the social dilemmas associated with combining scientific research across multiple disciplines but that also addresses social dilemmas associated with documenting that body of knowledge and translating and transmitting it persuasively to nonexpert audiences. Scientific authority, like political authority, cannot and should not be taken simply as givens. Instead, scientific expertise should be examined – like any other community-based knowledge institution – for the dynamics of its construction, evolution, and effective application.
C.1 Introduction
Climate change, the accelerating loss of plant and wildlife species, and declining natural resources are some of the central challenges of our time. Individuals working alone cannot overcome problems of this scale. Instead, society needs shared pools of ecological information accessible to all and enriched by many – what we call “environmental knowledge commons.”
This book has shown how such pools take many forms – from satellite data, to stormwater management, to patents. While each of these case studies offers a wealth of insights, there are still more lessons that can come from comparing them. This chapter draws together some of the most important insights of this kind.
C.2 Key Characteristics of Environmental Knowledge Commons
Before we examine the challenges and opportunities of environmental knowledge commons, it is helpful to look at what makes them unique. This section highlights the following themes, which emerged across the chapters:
1. The high complexity and interconnectedness of the natural systems knowledge commons aim to understand and manage;
2. The diverse range of stakeholders involved, from local communities to global institutions;
3. The complex (and at times contentious) interactions between these stakeholders; and
4. The need for governance structures spanning multiple sectors and scales.
By exploring each of these themes, we can better grasp both the challenges environmental knowledge commons face and their potential to address critical environmental issues.
C.2.1 Complexity and Interconnectedness of Environmental Systems
Several authors remind us that natural processes connect places that are geographically distant, separated by mountains, oceans, and even continents. Draper and Sun (Chapter 3) vividly illustrate this point in its description of Iowa’s nutrient runoff traveling the Mississippi and fueling blooms in the Gulf of Mexico, creating low-oxygen areas where fish cannot survive. Nordman et al. (Chapter 4) detail how city pavement, unlike soil, funnels polluted water into drains and eventually into local rivers. Harrington (Chapter 7) and Kurian et al. (Chapter 5) describe the movement of greenhouse gases, storms, floods, and droughts across borders, with farm communities in developing nations often facing the direst effects. Cesari and Sun (Chapter 6) turn the viewpoint skyward, to orbital debris and space operations, where small actions can have lasting consequences. The result is that we cannot consider any one environmental challenge in isolation – instead we must take seriously the externalities, and more concretely, the linkages between data and knowledge in different geographies, scales, and systems.
C.2.2 Wide-Ranging Participants
Each chapter highlights the remarkable variety of stakeholders – local, regional, and global, private and public – that can be involved with environmental knowledge commons. At the global level, organizations such as the United Nations and its specialized agencies serve as central coordinators of some international efforts. Harrington’s work (Chapter 7) illuminates how bodies such as the United Nations Office for Outer Space Affairs and the World Meteorological Organization play crucial roles in space-based environmental data. These entities facilitate data sharing and establish the normative frameworks that guide our collective environmental stewardship on a planetary scale.
Madison (Chapter 9) describes a collaboration among several key players: international organizations such as the World Meteorological Organization and the United Nations Environment Programme; the United Nations General Assembly that endorsed the creation of the Intergovernmental Panel on Climate Change (IPCC); 195 member governments and their national delegations; the elected IPCC Bureau and its Executive Committee; specialized Working Groups and a Task Force; as well as Technical Support Units, hundreds of external contributing authors, and thousands of expert reviewers.
National governments and their agencies form another layer in this complex stakeholder landscape. Aagaard and Frischmann’s examination of the US Forest Service (Chapter 2) offers a compelling case study of this. Here, we see a national agency managing forests for multiple, often competing uses. From timber harvesting to recreation, from conservation to economic development, the Forest Service must navigate competing interests among diverse stakeholders. This balancing act exemplifies the broader challenges in environmental governance.
Local government agencies have emerged as key players in environmental initiatives in our urbanized world. Nordman et al.’s study of Detroit’s Water and Sewerage Department (Chapter 4) showcases how city-level entities are at the forefront of implementing innovative solutions such as green stormwater infrastructure. These local initiatives, though addressing specific urban issues, add valuable insights to our overall environmental practices.
The private sector, previously seen mainly as a source of environmental challenges, has become part of the solution in many cases. From commercial satellite operators revolutionizing Earth observation to companies participating in green patent initiatives, private firms bring innovative technologies and resources. However, their involvement also raises critical questions about balancing private interests with the public good.
Nongovernmental organizations (NGOs) and academic institutions often play a crucial role in linking various stakeholders. These entities contribute cutting-edge research and facilitate collaboration among diverse groups. Nordman et al.’s description of The Nature Conservancy’s role in promoting green stormwater infrastructure in Detroit exemplifies how NGOs can catalyze local environmental initiatives.
Local communities and Indigenous groups bring invaluable perspectives to environmental knowledge resources. Their traditional ecological knowledge, often developed over generations of close interaction with specific environments, provides insights that can complement and enrich scientific understanding. Bloom’s account of Public Lab’s collaboration with Palestinian communities in Jerusalem (Chapter 1) highlights both the importance of community involvement and the delicate balance between openness and local sovereignty in knowledge sharing.
The scientific community remains the foundation of our environmental understanding. Scientists from diverse disciplines contribute to our knowledge of complex environmental systems and develop potential solutions. However, as Aagaard and Frischmann astutely point out (Chapter 2), even scientific information is not immune to stakeholder interests – for instance, research funding can influence study outcomes – underscoring the need for rigorous peer review and diverse perspectives in knowledge creation.
Policymakers and decision-makers at various levels form another crucial stakeholder group. They rely on collective environmental data to inform policy decisions and are responsible for creating frameworks that govern these shared resources. Kurian et al.’s study in Jordan (Chapter 5), involving both academic experts and policymakers, illustrates the potential for collaborative approaches to climate change adaptation.
Finally, we must recognize the role of the general public in environmental knowledge sharing. Advancements in technology have enabled citizen scientists and community members to contribute meaningfully to data collection and analysis. This trend, evident in some space data initiatives described by Cesari and Sun (Chapter 6), has the potential to radically expand our collective environmental understanding.
The varied interests and expertise of these stakeholders necessitate governance structures that are inclusive and adaptable. These structures must balance different interests, facilitate collaboration, and ensure equitable access to shared knowledge resources. Moreover, they highlight the importance of developing common languages and frameworks that can bridge the gaps between different stakeholder groups and their unique perspectives on environmental issues.
Collaborating across this diverse stakeholder landscape will be crucial. We can develop more effective and equitable approaches to environmental governance by fostering mutual understanding among these varied actors.
Identifying the stakeholders is only part of the equation; examining how they interact within the environmental knowledge commons is essential for effective collective management. If done successfully, the diversity of actors will be an asset to the development and management of environmental knowledge commons.
C.2.3 Interactions and Relationships among Stakeholders
In light of the wide variety of stakeholders involved, it is unsurprising that collaboration is not always smooth. Harrington (Chapter 7) describes tensions arising when government agencies become commercial data clients, risking “paywalls” around information that was once public. Aagaard and Frischmann (Chapter 2) depict conflicts among the people who hunt, hike, or log in a shared forest. Nordman et al. (Chapter 4) show how city fees and incentives can persuade property owners to adopt green measures, yet also require public education. Contreras (Chapter 8) warns that patent commons can fail if private incentives are misaligned. Draper and Sun (Chapter 3) note that investors and companies both rely on environmental, social, and governance (ESG) ratings, which can become confusing when agencies use varied standards. Kurian et al. (Chapter 5) offer a more optimistic take: In Jordan, stakeholders found common ground through data and consistent communication. Finally, Cesari and Sun (Chapter 6) note that while open data helps space sustainability, security concerns still limit access. The result is the emergence of a new set of questions about how to mitigate the trade-offs between security and environmental sustainability.
C.2.4 Governance Across Many Levels
The authors describe a variety of governance frameworks supporting environmental knowledge commons. These span international treaties to local ordinances. Harrington (Chapter 7) notes the importance of United Nations offices and cross-border instruments in overseeing satellite data. Aagaard and Frischmann’s account of US forests (Chapter 2) reveals a single federal agency juggling everything from conservation to recreation. Nordman et al. (Chapter 4) locate ground-level projects under the umbrella of federal laws, such as the Clean Water Act. Contreras (Chapter 8) notes that organizations such as the World Intellectual Property Organization (WIPO) can facilitate patent commons globally but need sustained commitment. Draper and Sun (Chapter 3) explain how ESG oversight may come from regulators, investor communities, or even consumer pressure. Kurian et al. (Chapter 5) credit success in Jordan to sustained coordination among ministries, experts, and local communities. Cesari and Sun (Chapter 6) see how data about near-Earth orbit might come from a single nation’s program but remain relevant for every country with satellites.
While most of the governance frameworks discussed emphasize flexibility and adaptability, one highlights a critical tension between the need for authoritative decision-making and inclusive collaboration. Madison’s discussion of the IPCC (Chapter 9) demonstrates how central expertise can guide complex environmental strategies. Sometimes, balancing authority with collaborative inclusion is essential to ensure decisions are both scientifically robust and adequately supported.
The polycentric nature of these governance structures allows for flexibility and adaptability in addressing complex environmental issues while also recognizing the importance of coordination and integration across different decision-making centers. As we face increasingly complex environmental challenges in the future, these governance structures will likely be crucial in fostering collaboration, ensuring access to knowledge, and developing effective strategies for environmental stewardship.
C.3 Governance Challenges and Effective Approaches
C.3.1 Openness versus Protection
The authors grapple with the fact that leaving knowledge open can spur innovation, but can also expose trade secrets or sensitive data. Harrington (Chapter 7) notes that some governments limit data access on security grounds; Contreras (Chapter 8) shows how companies fear losing competitive advantages if patents go unrestricted; Draper and Sun (Chapter 3) focus on the tightrope companies walk between transparency and revealing too much. Some wildlife data, Harrington points out, might aid poachers if made public.
C.3.2 Adapting to Shifting Conditions
Many chapters underscore the need to adapt. Aagaard and Frischmann (Chapter 2) call for robust structures that change in tandem with environmental conditions. Bloom (Chapter 1) recommends clear statements of values so that people know their shared principles even when circumstances evolve. Kurian et al. (Chapter 5) demonstrate how expert panels and ongoing learning can make climate strategies more responsive. Nordman et al. (Chapter 4) look at Detroit’s green infrastructure, showing that each project yields lessons that can inform future decisions.
C.3.3 Legal and Regulatory Webs
International treaties, national laws, and local rules intersect in these commons. Harrington (Chapter 7) references space treaties, while Nordman et al. (Chapter 4) point to the Clean Water Act, and Draper and Sun (Chapter 3) discuss emerging ESG disclosure standards. Contreras (Chapter 8) looks at patent rules that can accelerate green-tech distribution. Bloom (Chapter 1) raises ethical frameworks such as the CARE Principles that aim to protect community rights and ensure respect for local knowledge.
C.3.4 Technology’s Role
The authors highlight that while advanced technologies hold immense potential to unify diverse environmental knowledge, inequities may arise if access and oversight remain the privilege of a select few. Harrington (Chapter 7) and Cesari and Sun (Chapter 6) describe satellites and other advanced systems that produce immense troves of data. Aagaard and Frischmann (Chapter 2) warn about bias in algorithms if oversight is lax. Contreras (Chapter 8) and Draper and Sun (Chapter 3) examine tools such as WIPO Green or blockchain that can match innovators with investors or secure data provenance. Meanwhile, Nordman et al. (Chapter 4) observe that “green infrastructure” integrates simple nature-based ideas with modern engineering. Each author acknowledges that technology can unify scattered knowledge, though it can also create inequities if only a few privileged players have access.
C.3.5 Public Institutions as Catalysts
Harrington (Chapter 7) lists space agencies such as NASA, while Aagaard and Frischmann (Chapter 2) show how the US Forest Service manages more than just the land – publishing research for many users. Contreras (Chapter 8) thinks government sponsorship is sometimes needed to keep patent commons afloat. Kurian et al. (Chapter 5) credit national ministries for coordinating climate adaptation. Nordman et al. (Chapter 4) see how local leadership can mobilize and inform property owners. And Cesari and Sun (Chapter 6) point out that sovereign nations remain responsible for their space activities under international law.
C.3.6 Constraints and Building Capacity
The authors illustrate that the very fabric of environmental knowledge commons is woven from finite resources – time, money, knowledge, and technology – which demand deliberate strategies in sustained funding, inclusive capacity building, and innovative incentives to ensure their resilience and broad participation. Aagaard and Frischmann (Chapter 2) acknowledge that complex systems require continuous funding, while Contreras (Chapter 8) notes how collective projects can fade once early enthusiasm wanes. Cesari and Sun (Chapter 6) remind us that only a handful of players can afford next-generation space sensors. Harrington (Chapter 7) stresses capacity building – technology transfer and training – to broaden who can participate. Kurian et al.’s case of partnering local communities with experts (Chapter 5) shows that bridging different skill sets can yield resourceful solutions. Nordman et al. (Chapter 4) emphasize incentives that help property owners invest in practices they might not otherwise try.
C.3.7 Policy Implications
The chapters in this volume offer several important policy implications for managing environmental knowledge commons:
Communication and Capacity Building: Harrington (Chapter 7) suggests a need for public communication strategies about the benefits of Earth observation data. This implies that policymakers should consider developing and implementing comprehensive outreach programs to educate the public and stakeholders about the value of environmental data. Additionally, capacity-building efforts should focus on interoperability to ensure that data can be effectively shared and utilized across different platforms and stakeholders. This may require policies that promote standardization of data formats and sharing protocols.
Governance Strategies: Aagaard and Frischmann (Chapter 2) imply that understanding the relationship between environmental commons and knowledge commons can inform better governance strategies. Policymakers should consider how these relationships manifest in specific contexts to develop more effective management approaches. This might involve creating policies that explicitly recognize and address the interdependencies between physical environmental resources and the knowledge needed to manage them.
Value-Based Governance: Bloom (Chapter 1) emphasizes the importance of developing and implementing value statements in knowledge commons governance. Policymakers should consider adopting democratic writing processes to create value statements that reflect diverse stakeholder perspectives and guide decision-making. This approach could be incorporated into policy development processes, ensuring that environmental knowledge commons are governed in ways that align with community values and priorities.
Green Technology Dissemination: Contreras (Chapter 8) provides specific recommendations for improving green patent commons, including narrowing technical focus, conducting patent landscaping, and ensuring technology transfer. These strategies could be adopted by policymakers to facilitate broader dissemination of green technologies. Policies could be developed to incentivize the formation of focused green patent commons and to support the necessary infrastructure for effective technology transfer.
ESG Valuation and Transparency: Draper and Sun (Chapter 3) suggest that policymakers should consider more flexible and transparent approaches to ESG valuation and governance. This may involve prioritizing truth, transparency, and tangible outcomes to restore trust in ESG efforts. Policies could be developed to standardize ESG reporting requirements and to create more robust verification mechanisms for environmental claims.
Integrating Expert Knowledge and Data: Kurian et al. (Chapter 5) highlight the importance of integrating expert knowledge with data-driven approaches in policymaking, particularly for climate adaptation strategies. Policymakers should consider using tools such as trade-off intensity analysis to inform decision-making in complex, nonlinear systems. This might involve developing policies that mandate the use of expert panels or similar mechanisms in environmental decision-making processes.
Balanced Incentives for Green Infrastructure: Nordman et al.’s research (Chapter 4) indicates that policymakers should consider both economic incentives and knowledge-sharing mechanisms to encourage green stormwater infrastructure adoption, as economic incentives alone may be insufficient. This suggests a need for comprehensive policy approaches that combine financial incentives with education and capacity-building initiatives.
Space Data Management: Cesari and Sun (Chapter 6) suggest that policymakers should consider frameworks for aggregating and sharing space-related data in ways that benefit all stakeholders, potentially leading to the qualification of such data as knowledge commons. This might involve developing international agreements or national policies that promote open access to space-derived environmental data while addressing security and commercial concerns.
Overall, these policy implications emphasize the need for interdisciplinary approaches, stakeholder engagement, and adaptive governance strategies in managing environmental knowledge commons. Policymakers should strive to balance open access with necessary protections, foster collaboration across sectors, and develop flexible frameworks that can adapt to the complex and evolving nature of environmental challenges.
Furthermore, policies should aim to address the resource constraints and capacity-building needs identified across the chapters. This could include developing funding mechanisms for the long-term sustainability of knowledge commons, investing in technological infrastructure to support data sharing and analysis, and creating programs to build human capital in environmental data management and interpretation.
By implementing policies that reflect these insights, decision-makers can help create more robust, equitable, and effective environmental knowledge commons that contribute to improved environmental management and sustainability efforts globally.
C.3.8 Future Directions
As the field of environmental knowledge commons continues to evolve, several promising avenues for future research emerge from the diverse studies presented in this volume. These directions not only address current gaps in our understanding but also anticipate the challenges and opportunities that lie ahead in managing our shared environmental resources and knowledge.
Madison (Chapter 9) provides a compelling vision for future research. He argues that by juxtaposing the IPCC’s role in synthesizing and translating climate science with similarly structured institutions – ranging from universities and research organizations to norm-governed creative communities – we can reveal shared structural features and decision-making modalities that cut across different domains. This approach not only enriches our understanding of how scientific authority is socially constructed and maintained but also offers practical insights for refining models of environmental policy design. In essence, Madison’s framework encourages us to explore how diverse expert knowledge communities overcome social dilemmas in collaboration and communication, ultimately informing more robust strategies for managing and transmitting complex scientific information.
C.3.8.1 Investigating Complex EC–KC Relationships
A primary direction for future research, as highlighted by Aagaard and Frischmann (Chapter 2), is to delve deeper into the relationships between environmental commons and their associated knowledge commons. This involves exploring how specific features of environmental commons influence the governance of their corresponding knowledge commons and vice versa. Such research could provide valuable insights into designing more effective and adaptive governance systems that account for the interdependencies between physical resources and the knowledge required to manage them.
C.3.8.2 Retrospective Analysis of Environmental Commons Studies
Another promising approach is to conduct a retrospective empirical project revisiting prior environmental commons studies. This would involve mapping and analyzing the often understudied or implicit knowledge common aspects within these cases. Such an endeavor could uncover valuable lessons about the role of knowledge in environmental governance and help identify patterns or principles that may have been overlooked in previous analyses.
C.3.8.3 Enhancing Patent Commons for Green Technologies
In the realm of green technology, Contreras (Chapter 8) suggests focusing future research on developing more effective usage-tracking mechanisms for patent commons. Additionally, there is a need to explore the potential of narrower, more targeted patent commons in specific technological areas. This could lead to more successful collaborations and faster innovation in critical environmental technologies.
C.3.8.4 Integrating Expert Knowledge with Data-Driven Approaches
Kurian et al. (Chapter 5) point to the potential of combining expert panels with supervised machine learning in environmental governance. Future research should explore how these approaches can be effectively integrated to design better governance systems. This integration could lead to more robust and adaptable monitoring frameworks for climate adaptation and other environmental challenges.
C.3.8.5 Standardization and Ethical Considerations in Space Data
As we extend our environmental concerns beyond Earth, Cesari and Sun (Chapter 6) highlight the need for research on standardizing space data formats. This standardization is crucial for effective global sharing and utilization of space-related environmental data. Moreover, future studies should address the ethical considerations in space resource exploitation, balancing the benefits of open data with the potential negative consequences of unrestricted access to information about space resources.
C.3.8.6 Evolving Role of Artificial Intelligence and Machine Learning
As Harrington mentions (Chapter 7), the evolving role of artificial intelligence and machine learning in data governance presents another critical area for future research. Studies should explore how these technologies can enhance our ability to collect, analyze, and share environmental data while addressing privacy, security, and equity concerns.
C.3.8.7 Cross-Disciplinary and Comparative Studies
Future research should also emphasize cross-disciplinary and comparative studies. By examining how different fields approach knowledge commons (e.g., comparing approaches in environmental sciences, digital spaces, and healthcare), we may uncover transferable insights and innovative solutions to common challenges.
C.3.8.8 Practical Applications and Policy Implications
Finally, future research should focus on translating theoretical insights into practical applications and policy recommendations. This includes developing and testing new institutional designs, governance mechanisms, and technological solutions to effectively manage environmental knowledge commons in various contexts.
The field of environmental knowledge commons offers rich opportunities for future research that can significantly impact our ability to manage shared environmental resources sustainably. By pursuing these research directions, we can develop more sophisticated, adaptable, and practical approaches to environmental governance in an increasingly complex and interconnected world. The challenges we face in managing our environment are substantial, but so are the opportunities for innovation and collaboration in knowledge commons. As we progress, it will be crucial to balance theoretical advancement and practical application, ensuring that our research continues to inform and improve real-world environmental management practices.
C.3.8.9 Conclusion
As we close this exploration of environmental knowledge commons, we are reminded of the immense potential and responsibility that lies before us. Our planet’s challenges are daunting, but the collective wisdom and innovative approaches showcased in this volume offer hope and direction. Environmental knowledge commons represent more than just shared information; they embody our collective capacity to understand, protect, and sustainably manage the natural systems that sustain us all.
The diverse case studies and analyses presented here demonstrate that effective environmental governance is not just about having data or technology but fostering collaboration, building trust, and creating inclusive systems that value diverse forms of knowledge. As we move forward, it is clear that the success of our environmental efforts will depend on our ability to break down silos, bridge divides between different stakeholders, and create governance structures that are as dynamic and adaptive as the ecosystems we seek to protect. By embracing the principles of environmental knowledge commons – openness, collaboration, and shared responsibility – we can build a more resilient and sustainable future for our planet and all its inhabitants. The path ahead is challenging, but with the insights and tools provided by environmental knowledge commons, we are better equipped than ever to face these challenges head on and create positive change for generations to come.