PhD and Postdoc Projects
Below, you can find an overview of all ongoing PhD and Postdoc projects in CEPRI.
This PhD project concerns the legal qualification of liability for ancillary advisory services, e.g. advice given in connection with entering into a contract. The project focuses on the limits for the contractual liability vs. tort law liability using case law from the financial sector following the financial crisis as an example and starting point for a thorough and theoretical analysis. The project also looks to private/public settlement agreements between private (financial) institutions and states giving rights to compensation for consumers.
This PhD project, which is part of our general research project on Digital Construction Law, investigates the legal aspects of BIM. The main research question is, how BIM will affect and modify the traditional roles, obligations and responsibilities of the parties involved in construction projects. The project is based on a number of articles focusing on the main legal issues related to BIM. The two most important issues to be dealt with are 1) the legal interpretation of construction contracts involving the use of BIM and the definition of what most likely will be considered being the applicable law, e.g. in absence of clear contractual regulation, and 2) the aspect of collaboration and its impact on the traditional contractual organization in the construction sector resulting in multiparty contracts and contractual networks.”
Giant social media platforms, such as Facebook and Twitter, have increasingly become “gatekeepers” of the online information flow due to their essential role in regulating online speech. These private entities have built their own governance systems to address online objectionable content and are performing three roles simultaneously, acting like: (1) legislature, in defining what constitutes legitimate content on their platform, (2) judges, who determine the legitimacy of content and (3) administrative agencies, who act on adjudications to block illegitimate content. Under these private governance systems, private entities now perform a task that traditionally belonged to the state – governing free speech. Concurrently, governments around the world put pressure on these online intermediaries to remove undesirable site content in order to suppress hate speech, defamatory statements, privacy violations etc.
The primary objectives of this PhD project are to examine the interplay between private and public regulation of online offensive speech and to uncover the circumstances under which online intermediaries such as social media platforms can be held liable. The project will focus on online intermediary liability for defamation, but will also examine how speech types closely related to defamation, such as hate speech, privacy violations and “fake news”, are regulated under the private governance systems of social media platforms. In short, the project will explore on what basis online intermediaries can be held liable towards third parties for “under-removal” of illicit content as well as “over-removal” of protected speech.
This PhD project focusses on the limitation of users' protection of European fundamental rights through user term-based agreements on (large scale) online platforms and takes both a holistic approach to defining the current online world in a legal sense (as a public utility, a service, or a hybrid), and a more dogmatic approach to answer whether private companies can exclude users' lawful content through unilaterally imposed contracts (user terms).
In the latter part, the first focus is the possibility to exclude a person from a platform through the application of user terms and assesses whether such an application could be regarded as an unfair contract term; the second focus are anti-discrimination principles and the obligation to contract.
The project forms part of the collective research project “Law and Private Governance for a New Understanding of Immigrant Integration” (LUII), led by Associate Professor Silvia Adamo, which aims at examining barriers to integration and the potential for private actors to promote integration within the Danish legal framework for integration.
The PhD project is socio-legal in its nature and examines effects of the legislation from the point of view of the people concerned by the law. The project specifically investigates to what extent immigrants in Denmark experience legal barriers in their access to employment, health care and housing. Further, the project explores current and potential roles of private actors, including companies, NGOs, trade unions, and housing associations, in promoting integration. The purpose is to examine to what extent an increased involvement of private actors in the legal framework could potentially reduce relevant barriers and thus facilitate integration better.
The project will be employing both qualitative (interview) and quantitative (survey) social scientific research methods and will be drawing on theory developed within the realm of sociology of law.
This PhD-project analyzes the role of Danish courts in safeguarding substantive public policy (e.g. regarding unlawful gambling or usury) in civil litigation. Part hereof is analyzing the extent to which courts for such purposes has authority to deviate from the principle that the parties to the dispute – and not the judge – has the mandate and responsibility of collecting and presenting the evidence, claims and allegations of the case. In addition, the project will perform comparative studies of different jurisdictions to analyze different models for defining state courts’ authority to safeguard substantive public policy in civil litigation.
This PhD project investigates procuring Nature-based Solutions (NbS) and green infrastructures from legal and economics perspective. The research objective is to analyze procurement and sustainability tools to understand how procuring NbS can fight climate change. Greening the procurement process has been subject of the extensive legal analysis in the last years. However, the analysis has been focused on detecting obstacles and opportunities to translate broadly understood environmental objectives into legal terms. Where this project goes beyond the state of the art is firstly mapping conceptual differences between broadly understood environmental considerations and specific climate mitigation procurement approach. The innovative aspect of this PhD project is to analyze legal and economic tools to address climate change or mitigation through public procurement directly. For example, which elements or strategies can remove carbon and reduce the effects of climate change?
In the hypothesis of the researcher, project Nature-based Solutions - defined as solutions inspired, copied, or supported by nature – can help pursue the climate mitigation objective. This hypothesis will be tested in the PhD project. NbS may differ in kind, infrastructural complexity, and in terms of the climate-related risk, they address. However, among the most evident examples of NbS are the inclusion of green elements in constructions (green walls, green roofs), and inclusions of more simple green elements in the urban landscape (trees, meadows, parks, green side-lanes). The concept of NbS needs to be translated into legal terms and, more specifically, procurement terms. For these reasons, various phases of the procurement process will be analyzed with the NbS in mind. An economic analysis will support the legal research to bring evidence of the measurable elements of sustainability aspects of NbS.
The amount of generated data has in recent years rapidly increased along with its potential to be used as input in machine learning algorithms. This offers new possibilities to optimise operations and create data-driven products. Therefore, businesses no longer limit themselves to utilising their own data, but also purchase data externally. This PhD project investigates this emerging concept of data agreements in a business-to-business context from an EU contract law perspective.
The project examines how the EU conformity assessment should be applied in B2B data agreements to ensure the freedom of contracts as well as an efficient EU data market - the latter which is one of the main policy objectives of the EU Commission’s data strategy. The project applies an EU contract law approach, which means that it seeks to identify a conformity assessment based on commercial law principles uniform across the EU Member States. This approach is chosen to take into account the inherent cross-border nature of data agreements. Additionally, the project utilises interdisciplinary methods in the form of insights from data science to bridge legal research with the technological reality.
This postdoc project is part of the project on Maritime Management, Organisation and Liability (Maritime Private Governance). It focuses on autonomous ships and concerns contracts as governance tools as well as liability aspects. More specifically, the project deals with various contract law aspects of the commercial implementation of fully autonomous and remotely-controlled ships, mainly focusing on outsourcing and management contracts for the externalization of risk. The project also focuses on third party liability aspects, including product liability issues.
This project analyzes the legal consequences of voluntary CSR health promotion initiatives in the workplace and their implications for public-private governance, employees’ rights, and employers’ liability. One objective of the research is to examine the overall legal consequences of the transfer of health promotion initiatives from the State to the workplace, as well as employers’ voluntary commitments to health promotion from the perspective of employment law, public health law, and private governance. Another objective of the project is to analyze the legal consequences of workplace health promotion initiatives for employees’ rights to privacy and non-discrimination from a comparative legal perspective.
This postdoc project is part of the project ‘Law and private governance for a new understanding of immigrant integration (LUII)’ funded by the Carlsberg Foundation. On the one hand, it contributes to the definition and development of the concept of immigrant integration within the EU and international legal frameworks. On the other hand, it aims at improving the state of play through the promotion of a different paradigm of integration geared towards greater inclusion of immigrants into the host society. To this end, it investigates the role of private governance, and specifically non-state actors such as trade unions, in undertaking integration tasks.
This industrial postdoctoral project explores how trust in artificial intelligence (AI), among other new emerging technologies, is a key factor of public acceptance and uptake of the technology. It will be crucial to commercial success of AI producers, and to the development of the tech industry, at both national and European levels. For those reasons, it is also geopolitically vital as the AI technology race rages across the continents. At other levels, AI also disrupts our legal systems, and generates loopholes in our liability regimes (including product liability). Unclear or unfair liability regimes risk severely affecting trust. There could be a way to use the precepts of Trustworthy AI to secure those liability regimes, while simultaneously fostering trust at other levels. The AI act regulation project by the EU Commission goes in that direction by encouraging and framing private governance, which will be more efficient at finding the specific frameworks of implementation required to foster trustworthy AI for clearer liability in each industrial sector.
This project explores the legal aspects at the core of railway operations. The area is highly regulated and presents extraordinary tensions between the national and the transnational; between the public and the private, and not least between a strong historical anchoring and the future. The longstanding connection between the railway and the nation-state has been profoundly influential for the current regulatory status quo. At the same time, a need for transformation towards transnationality is also widely recognised (and reflected at regulatory levels) to win back lost market shares and realise the potential as the future of sustainable transport in itself and in a multimodal context. Despite these pressing matters, the research field presents itself as overall unchartered territory. With the objective to create a much needed foundational understanding from a theoretical and a practical perspective, the project sets out to map complex interrelations between heterogeneous sources of national, regional (EU) and international law. Focus of analysis is inter alia the interplay between private and public actors, the use of the contract, as well as state-driven and market-driven technical, safety and sustainability standards as governance tools. The project departs from Scandinavia as an example.
The rise of climate change litigation targets both states and private actors across different countries. Shipping industry has so far been spared from climate lawsuits, but is under increased political and legal scrutiny due to its contribution to greenhouse gas emissions. The centralized reform of the industry seeks compliance with more climate friendly regulations and will inevitably affect the ways ships are built, adjusted and used. The reform already provokes discussions about the changing landscape of maritime law, new contractual clauses and mechanisms of enforcement. However, the risks of climate change litigation are currently overlooked in the discussion. This project investigates the extent to which shipping companies could face climate change litigation as major users of oil.