PhD and Postdoc Projects
Below, you can find an overview of all ongoing PhD and Postdoc projects in CEPRI.
This PhD project concerns the integration of labour and labour related human rights clauses in both private and public commercial contracts. The primary purpose of the project is to explore legal differences and similarities of such labour related CSR-clauses in these two contractual settings in order to determine best contractual practices, to uncover the implications of such terms as regulators including their potential impact on basic contractual concepts.
This PhD project examins the use by administrative authorities of contracts as means of public management vis-à-vis private persons and enterprises with special regards to contracts related to the exercise of public authority (“administrative contracts”/“Verwaltungsverträge”/“contrats administratifs”). The primary object of the study is to assess whether it is possible on the basis of case law to construct a general legal framework regulating these sui generis contracts. The answer is affirmative, and the dissertation highlights the necessity of conducting an integrative private/public law analysis to grasp the concrete legal issues at hand. The dissertation focuses on Danish law, but also draws on foreign experiences and approaches, mainly Norwegian, German, and French law. Administrative contracts form a significant feature of the legal infrastructure supporting the type of Private Governance systems that depend on collaboration between the private and public sector. Particularly, to some extent administrative contracts can be seen as devices of self-regulation.
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.
The postdoctoral research project examines the relationship between public regulation with extraterritorial effects and private governance mechanisms as applied and implemented by shipping actors. The emerging regulatory framework for the prevention of modern slavery in maritime law represents one example of such shared public-private governance. The project aims at building a theoretical framework for the shipping actors’ compliance with the increasing number of regulatory acts of extraterritorial application, as well as studying their responses (modern slavery statements) in order to identify the common challenges of the industry.
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.
|Falk-Scheibel, Nicolaus||PhD Student|
|Friis, Emilie Katrine||PhD Student|
|Meng, Wendy||PhD Student|
|Nielsen, Maj Rørdam||PhD Student|
|Nielsen, Rasmus Grønved||Assistant Professor|
|Olsen, Céline E J L Brassart||Postdoc|
|van der Donk, Berdien B E||PhD Student|