LAW & POLICY OF INNOVATION
Obiettivi formativi
The Law & Policy of Innovation & Climate Change (LPICC) course will discuss and analyze the most relevant public law and policy aspects related to innovation and climate change.
Students will learn the legal and policy fundamentals of the digital and ecological transition and understand their relationship with the opportunities and threats posed by the ongoing disruptive technological transformation, as well as the environmental, social and economic impacts of climate change that will affect the current public law system and the future of humankind.
The LPICC course will focus on the analysis of case studies relevant in the sectors that are the most impacted sectors by innovation and climate change concerns. This list includes energy, mobility & transportation, healthcare, finance. The course will stimulate in-class discussion concerning innovative public law and policy solutions such as research and innovation frameworks, strategic public procurement and investment.
Risultati di apprendimento attesi
A) Knowledge and understanding:
By the end of the course, students should be able to:
• identify and explain the most important public law & policy legal institutions involved in innovation and climate change policies;
• distinguish the different rule-making processes that are involved in the advancement of innovation policies;
• explain how different public law & policy institutions change over time and understand the challenges of anticipatory regulation ;
• assess the impact of technological and digital innovation on the public sector and propose solutions for the orientation of social and environmental policy.
(B) Application of knowledge:
Upon completing the study program, students will be able to:
• apply different regulatory perspectives and approaches to innovation and climate change subjects;
• discuss the functioning mechanisms of the administrative and institutional ecosystem for digital and ecological transition;
• effectively communicate and work with experts in public law and policy of innovation and climate change;
• build projects aimed at securing EU, national or local funds tailored for an inclusive digital and ecological transition.
(C) Develop evaluative judgments:
Upon completing the study program, students will be able to:
• explain the different technical, economic and social aspects that characterize the public law and policy of innovation and climate change and design decision-making frameworks on these grounds;
• identify and gauge the different outcomes that can derive from a correct implementation of the main technological issues in the public sector;
• design experimental clauses and innovative policies enabling just and democratic digital transitions and suitable for the promotion of sustainable policies.
(D) Communication skills
Upon completing the study program, students will be able to:
• communicate their ideas about innovation and climate change in written form through assignments, and in oral form through presentations and class debate;
• communicate professionally and in different registers with representatives of public, private, social institutions;
• foster the development of human interaction, negotiation, relational skills in an international and multicultural setting.
(E) Learning skills
Upon completing the study program, students will be able to:
• assess real life projects or cases to gain greater awareness of the innovative techniques and tools of law and policy in the field of new technologies, climate change and innovation in general;
• develop problem-solving and problem-framing approaches through interactive workshops, coworking sessions, negotiation labs, legal design thinking sessions and development of a collaborative project work alongside traditional teaching;
• analyze dynamic, complex settings through empirical analysis skills;
• develop operational, netiquette, time and crisis management, teamwork, networking and relational skills.
Contenuti Del Corso
The course is structured into two essential components. The initial segment is designed to establish a foundational understanding of categories within public law and policy. The subsequent part of the course takes a deeper dive into the concepts introduced in the first section, adopting a Research and Innovation (R&I) approach. In this context, it emphasizes the themes covered by the six clusters of Horizon Europe. These themes encompass a wide range of research and innovation areas, spanning from climate action to health and digitalization.
Testi Di Riferimento
The analysis of very recent or current issues in the discourse on the law and policy of innovation and climate change makes it is impossible to refer to a specific textbook. Reading materials, handouts and slides, referring to any given lesson will be made available to students in advance.
However, in order to have a general and analytical view of the themes treated dunring the course, students may read:
Mariana Mazzucato, The Entrepreneurial State: debunking public vs. private sector myths (Anthem, 2013);
- Sofia Ranchordas and Mattis van't Schip. "Future-Proofing Legislation for the Digital Age." Time, Law, and Change (Hart, 2020); [also available here]
- Christian Iaione, Elena De Nictolis, and Anna Berti Suman. "The internet of humans (IoH): Human rights and co-governance to achieve tech justice in the city." Law & Ethics of Human Rights 13, no. 2 (2019): 263-299;
- Kathleen Garnett, Geert Van Calster & Leonie Reins (2018) Towards an innovation principle: an industry trump or shortening the odds on environmental protection?, Law, Innovation and Technology, 10:1, 1-14;
- Peter Lee, Social Innovation, Washington University Law Review, Vol. 92, No. 1, 2014, UC Davis Legal Studies Research Paper No. 407;
- P.D. Aligica and V. Tarko, Polycentricity, Governance: An International Journal of Policy, Administration, and Institutions, Vol. 25, No. 2, April 2012 (pp. 237–262);
- Emilie C. Schwarz, Human vs. Machine: A Framework of Responsibilities and Duties of Transnational Corporations for Respecting Human Rights in the Use of Artificial Intelligence, 58 Colum. J. Transnat'l L. 232 (2019);
- Dacian C. Dragos; Bianca Racolta, Comparing Legal Instruments for R&D&I: State Aid and Public Procurement, 12 Eur. Procurement & Pub. Private Partnership L. Rev. 408 (2017);
- Beatriz Martinez Romera; Roberto Caranta, EU Public Procurement Law: Purchasing beyond Price in the Age of Climate Change, 12 Eur. Procurement & Pub. Private Partnership L. Rev. 281 (2017);
- van Winden, W., & de Carvalho, L. (2018). Can startups solve urban problems? An analysis of Amsterdam's "Startup in Residence" programme. Amsterdam: Hogeschool van Amsterdam;
- Fabrizio Clermont; Francesco Fionda, A Modern Approach for Procuring Research and Innovation: The Pre-Commercial Public Procurement, 11 Eur. Procurement & Pub. Private Partnership L. Rev. 88
(2016);
- Johan Wolswinkel, Concession Meets Authorization: New Demarcation Lines under the Concessions Directive, 12 Eur. Procurement & Pub. Private Partnership L. Rev. 396 (2017);
- Adam J. Kolber, Not-So-Smart Blockchain Contracts and Artificial Responsibility, 21 Stan. Tech. L. Rev. 198 (2018);
- Claire Henly; Sam Hartnett; Buck Endemann; Ben Tejblum; Daniel S. Cohen, Energizing the Future with Blockchain, 39 Energy L.J. 197 (2018);
- European Green Deal COM(2019) 640;
- EU Taxonomy Regulation (Regulation (EU) 2020/852 of the European
Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment);
- Regulation (EU) 2021/695 - adopted by the co-legislators on 28 April 2021 - establishing the Horizon Europe programme for the duration of the Multiannual Financial Framework (MFF) 2021-2027
Metodologie Didattiche
Reading materials, handouts and slides will be available before each class covering each of the specific topics addressed during the course. Hence, the traditional presentation of the analytical problems can be concise and leave room to Q&A and discussions.
Guests will give a lecture on future-proofing public law, new investment opportunities and career paths based on research and innovation, new business models to combat climate change, digital transformation for social good (names to be announced).
Modalità di verifica dell'apprendimento
Students will be evaluated upon the following indicators: •20%attendance(i.e.cameraoff=absence;justifyabsence;solve technical issues in advance)
• 20% spontaneous interventions, ethical, collaborative and proactive spirit
• 20% Reaction papers and Student-Led Discussion
• 30% Collective output (Excellence part of the Horizon Europe Proposal developed in the LDIS R&I Lab)*
• 10% Final exam: individual discussion on the Collective output
Criteri per l’assegnazione dell’elaborato finale
Deep interest in the subject, inclination towards research and innovation
Settimana 1
Class 1 "Science, Research, Innovation, Climate Change: Why Law & Policy?"
In the first on-campus session, we'll introduce fundamental principles of Innovation Law and Policy. Students will explore the wide spectrum of innovation, from social to technological advancements, and understand its relationship with science. We'll delve into how law and policy shape the funding landscape for mission-oriented and sustainable innovation. Additionally, we'll discuss key initiatives like the EU Green Deal and Horizon Europe, along with policies in the MFF 2021-2027 addressing digital and ecological transitions. Furthermore, we'll provide an overview of the course, including core concepts, our methodology, the course timeline, expectations for deliverables, and the methods of evaluation. Class 2: "How to do Research"
Students will receive an induction regarding research methods and an info session on various aspects, including reaction papers, teamwork, and time management.
Settimana 2
Class 3: "Horizon Europe: A Theoretic Deep Dive"
Students will be exposed to the Horizon Europe program, a dynamic force driving Europe's research and innovation landscape. Built upon Regulation (EU) 2021/695, Horizon Europe integrates six clusters, uniting diverse disciplines in shared goals, from Health to Green and Digital Transition. This session will delve into the program's legal underpinnings and guiding principles. We will explore the regulatory framework provided by Regulation (EU) 2021/695, which establishes the foundation for Horizon Europe's initiatives. Additionally, we will dissect the core principles that underlie the program, emphasizing its commitment to fostering scientific excellence, promoting innovation, and ensuring widespread access and participation across the European Research Area. Class 4: "Ecosystems of Innovation: Insights from USA, China, Israel, and Africa"
Students will be introduced to Research and Innovation policies around the world, with examples of how the State can support Research and Innovation through direct grants/funding as well as using the public demand for innovation to leverage the market towards developing technological innovations that pursue social goods. The class will touch on examples such as DARPA, the NSF, China and its five funding pillars for science, technology, and innovation, the Israeli Innovation Authority, and the current status of development of science, technology, and innovation in Africa.
Settimana 3
Class 5: "Horizon Europe: A Practical Deep Dive"
Empowered by a deep understanding of the theoretical and foundational aspects of the Horizon Program, students will delve into the practical and operational dimensions of design and research. This module will comprehensively cover each element of a research proposal, guiding students through the entire process. Starting from establishing a consortium of participating institutions to crafting excellence-driven content, and culminating in meticulously defining individual work packages.
Class 6: "The General Principle of Sustainable Innovation"
In this session, students will delve into key principles that underpin sustainable innovation. They will explore the precautionary principle, examine the conventional concept of innovation, and discuss the potential emergence of a broader principle for sustainable innovation. Additionally, attention will be given to the significance of the DNSH principle as a foundational element in the realm of sustainable innovation.
Settimana 4
Class 7: "Navigating the New Urban Landscape: Sustainable Innovation in City Governance and Property Rights"
In today's urban landscape, characterized by extensive cross-border activities and digital connectivity, the traditional legal framework for city
Week 4 / On line and on campus lectures content
governance often falls short. This lesson explores the dimensions of sustainable innovation in urban governance, emphasizing the potential role of property rights in both tangible and intangible assets, delving into how cities can navigate the challenges of managing physical resources and aggregated data, all while maintaining their commitment to openness, diversity, and tolerance in a rapidly changing global context. Class 8: "Dimension of Sustainable Innovation: Openness, Collaboration, Justice, Democracy" Sustainable innovation is not driven just by ecological considerations, it places considerable attention on questions of openness, collaboration, experimentalism, justice, democracy, collectiveness, responsibility, inclusion, diversity. In this class, students will make a deep dive on the dimensions of openness, collaboration, justice, democracy.
Settimana 5
Class 9: "Exploring the Nexus of AI, Data Collection, and Fundamental Rights" In this class, students will explore the myriad of opportunities and potential risks associated with the intersection of AI and extensive data collection in public spaces. Attention will be placed on understanding how AI and data collection practices influence and, at times, challenge fundamental rights, such as equality, non-discrimination, democracy, and justice. Furthermore, Students will delve into the theme of insufficient public awareness, recognizing it as a critical factor that can erode trust in these technologies. Through thoughtful analysis and discussion, students will unpack the multifaceted issues surrounding AI and data collection. Class 10: "Dimension of Sustainable Innovation: Experimentalism, Collectiveness, Responsibility, Inclusion, Diversity"
Sustainable innovation is not driven just by ecological considerations, it places considerable attention on questions of openness, collaboration, experimentalism, justice, democracy, collectiveness, responsibility, inclusion, diversity. In this class, students will make a deep dive on the dimensions of experimentalism, collectiveness, responsibility, inclusion, diversity.
Settimana 6
Class 11: "Promoting Sustainable Innovation: An Exploration of Legal Frameworks, Self-Regulation, and Citizen Engagement"
In this class, students will thoroughly explore the dynamics of sustainable innovation, with a focus on the roles played by legal frameworks, self- regulation, and citizen participation instruments. They will delve deep into the mechanisms that drive sustainable innovation while also ensuring greater inclusion, diversity, and equitable distribution of the value generated by cutting-edge technologies.
Class 12: "How do we Define, Measure, and Share Value in Sustainable Innovation?" This class invites students to embark on a journey of discovery, where they will investigate novel perspectives on the evolving concept of value within the realms of both corporate and financial contexts. The is to cultivate a profound comprehension of the modern paradigms that shape the perception of value in today's dynamic economic landscape.
Settimana 7
Class 13: "Exploring Technology Transfer"
In this class dedicated to technology transfer students will be exposed to the pivotal role of intellectual property in this realm. Students will gain insights into the fundamentals of technology transfer, exploring how it fosters innovation and facilitates the exchange of valuable knowledge and inventions.
Class 14: "Intellectual Property: Maximizing Economic Potential"
This class will be focused on the critical role of intellectual property as the primary driver of value capture in technology transfer. Students will conduct an in-depth examination of how intellectual property rights contribute to the advancement of technology and its economic potential. Students will gain a profound understanding of the intricate relationship between intellectual property and innovation within the business landscape.
Settimana 8
Class 15: "Public Procurement for Mission-Oriented Innovation"
In this class, students will delve into the world of public procurement as a powerful tool for driving innovation.
Class 16: "Public mechanisms to finance Innovation”
In this class, students will take a comparative approach to understand that different innovation contexts demand a variety of public mechanisms to finance innovation.
Settimana 9
Class 17: "In-Depth Insights from Horizon Europe Framework: Expert Guest Lectures in Clusters 1 and 2"
In this class, students will have the valuable opportunity to engage with specialized lectures delivered by guest speakers who are recognized experts in Clusters 1 (Health) and 2 (Culture, Creativity & Inclusive Society) of the Horizon Europe framework. These guest lectures will provide students with deep insights into these pivotal areas, fostering a rich understanding of the latest developments and challenges in these critical domains.
Class 18: "Public Finance in the Global South"
This session will be focused on the instruments of public finance for Innovation in the context of the Global South/BRICS countries.
Settimana 10
Class 19: "In-Depth Insights from Horizon Europe Framework: Expert Guest Lectures in Clusters 3 and 4"
In this class students will have the valuable opportunity to participate in specialized lectures delivered by guest speakers who possess extensive expertise in Cluster 3 (Civil Security for Society) and Cluster 4 (Digital, Industry & Space) of the Horizon Europe framework. These guest lectures will provide students with deep insights into these pivotal areas, fostering a rich understanding of the latest developments and challenges in these critical domains.
Class 20: "Private Finance for Innovation"
This session will explore the question of how to finance innovation. It will firstly discuss the role of public institutions in financing innovation processes, building on previous classes. Secondly, it will scrutinize new financing mechanisms outside the traditional models of accessing banks, institutional, and accredited fundings. Eventually, the class will come back to a topic that redundantly emerged during the semester about the value of profit and prosperity within the corporate sustainability debate.
Settimana 11
Class 21: "In-Depth Insights from Horizon Europe Framework: Expert Guest Lectures in Clusters 5 and 6" LPICC students will have the valuable opportunity to participate in specialized lectures delivered by guest speakers who possess extensive expertise in Cluster 5 (Climate, Energy & Mobility) and Cluster 6 (Food, Bioeconomy, Natural Resources, Agriculture & Environment) of the Horizon Europe framework. Class 22: "Private Finance in the Global South" This session will be focused on the instruments of private finance for Innovation and Climate Change in the context of the Global South/BRICS countries.
Settimana 12
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