Retshistorie. Retslære/retsfilosofi. Retssociologi. Retsantropologi

The Meaning of a Fair Trial: A Comparative Study of Jurisprudence of the American Federal Courts and the European Court of Human Rights

Kacper Zajac

Aarhus University, Department of Law

Starting date: 1 September 2019

Completion date:  31 August 2022

Project description:
A comparative study of the rights of the accused in the criminal trial under the 5th and 6th Amendments to the US Constitution and Article 6 and Article 4 of Protocol 7 of the European Convention on Human Rights to determine their exact scope in relation to one another.

Radicalization among Danish youths

Kathrine Elmose Jørgensen

Juridisk Fakultet, Københavns Universitet  

  +45  35 33 26 96 / 31 13 69 91 

Startdato: 01.09.2018

Slutdato:  01.09.2021


Sociologisk, kriminologisk undersøgelse af unges veje ind i radikaliserede miljøer særligt med fokus på online rekruttering

Taking Rights of Nature and Human Rights Seriously

Katarina Hovden

Centre for European and Comparative Legal Studies (CECS), Faculty of Law, University of Copenhagen  

  + +45 42 72 62 91  

Starting date: 1 September 2017

Completion date:  31 August 2021

Project description:
Rights of nature are gaining traction. Several countries have adopted rights of nature laws (at constitutional, national, and local level) or recognised the rights of nature in court judgments. These laws and legal sources inter alia recognise that nature is a subject of the law, and, in certain cases, grant specific legal rights to nature. Born out of an Earth-centred or ecological paradigm, rights of nature (laws) present a fundamental challenge to the otherwise anthropocentric or human-centric system of law and governance.

Set against these developments, the PhD project studies the relationship(s) between the rights of nature and human rights in jurisdictions that recognise both categories of right-holders. Mindful that most legal and governance systems remain anthropocentric, individualistic and mechanistic in their very structure, the project will investigate what happens at the interface between the old paradigm (most existing individual human rights) and the new, ecological paradigm (the rights of nature). Questions to be explored include> When rights conflict (as they often do), whose rights prevail and under what circumstances? Is there a risk that the prevailing (anthropocentric) legal order will subsume and swallow the ecological one, rendering the rights of nature “mere rhetoric”? If so, what would it take for the ecological paradigm to penetrate the anthropocentric machinery of law?

The Sovereignty over the Oceans, genesis and development of the law of the sea in the Modern Age

Stefano Cattelan

Aarhus University, Department of Law   

  +45 20 94 91 35 

Starting date: 1 September 2017

Completion date: 1 September 2020

Project description:
My research project addresses the legal-political context in which the Law of the Sea developed in the Early Modern Age. This process gave birth to a customary law of the sea eventually accepted by the entire international community. I examine two opposite ways of conceiving gthe legal status of the seas elaborated at the time, the principles of Mare Clausum and Mare Liberum.

Menneskerettigheder i kommunerne

Peter Kristian Hjaltason

Københavns Universitet, Det Juridiske Fakultet og Institut for Menneskerettigheder   

  +45 35 33 09 50   

Startdato: 01.10.2017

Slutdato:  30.09.2020


Projektet undersøger, hvordan de danske kommuner arbejder inden for en menneskeretlig tænkning og diskurs. Det har særligt fokus på børneområdet, herunder bl.a. reglerne om tvangsadoption og videreført anbringelse mv. Undersøgelsen vil både bestå af en retsdogmatisk analyse og en retssociologisk undersøgelse. 

Excessive Pharmaceutical prices as an anti-competitive practice in TRIPS & European Competition Law

Behrang Kianzad

University of Copenhagen, Faculty of Law, CeBIL, Center for Advanced Studies in Biomedical Innovation Law  

  +45 35 33 39 07 

Starting date: 1 September 2017

Completion date:  31 August 2020

Project description:

An investigation of the triangular dilemma of strong Intellectual Property protection, contra high prices of medicines as result of the global Intellectual Property regime and finally the legal-economic rationales and discourses underlying Intellectual Property Law / competition law / intervention. The aim is to establish what constitutes anti-competitive practices such as excessive prices in TRIPS & EU Competition Law, by making the case for the excessiveness of prices as an anti-competitive practice in and out of themselves from a legal-economic / competition law perspective.

Reconciling the Right to Privacy with Freedom of Expression

Anja Møller Pedersen

University of Copenhagen and Danish Institute for Human Rights   

 +45 22 98 86 15 

Starting date: 1 April 2016

Completion date:  31 March 2019


In C-131/12, Google Spain, an ordinary Spanish citizen requested that Google removed or concealed on the list of results from a search based on his name certain information about him lawfully published in a newspaper several years earlier. The European Court of Justice pronounced that the rights to privacy and data protection in Art. 7 and 8 of the EU Charter of Fundamental Rights as ’rule’ override not only the economic interest of the search engine in processing the data, but also the interest of the general public in having access to it, unless a ’preponderant’ public interest is demonstrated. It thereby indicated that these rights are superior to that of freedom of expression in Art. 11, not only violating the strong interdependency between the rights according to international human rights law, but also consistent case law from the European Court of Human Rights.

Against this background and with a view to explore and understand the interrelation between the rights, the project seeks to tease out the underlying rationales behind the rights to privacy, data protection and freedom of expression and explore how they are reflected in EU legislation and case law, and determine the criteria behind each of them. These analyses will then serve as a foundation for exploring how the rights may be reconciled, and which of the identified rationales and criteria may determine the outcome in cases of conflict between them.

The PhD project is co-funded by University of Copenhagen, Centre for Information and Innovation Law (CIIR) and Danish Institute for Human Rights.