PhD projects

Supervisors: Denise Prevost and Iveta Alexovicova

In a globalised world, efforts have been made to reduce or eliminate the difficulties and barriers that, in some cases, different regulatory frameworks impose on trade and investment. In this context, regulatory cooperation emerges as a set of tools that enable countries to enhance coordination, fostering greater interconnection and the harmonised development of their regulations. The European Union, throughout its integration process, has employed various regulatory cooperation strategies, successfully strengthening its internal market while also promoting greater integration with other trade blocs and partners. 

Similarly, the Pacific Alliance has been implementing regulatory cooperation measures to enhance integration among Chile, Colombia, Mexico, and Peru, although on a smaller scale. In this regard, it would be beneficial for this emerging bloc to examine in greater detail the regulatory cooperation mechanisms developed by the European Union that have facilitated deeper integration.

Supervisors: Niels Philipsen and Caroline Cauffman

The online display advertising ecosystem plays an increasingly important role in today’s economy, acting as an intermediary among suppliers (e.g., publishers), demanders (e.g., advertisers), and individual consumers. Its growing popularity brings substantial benefits to multi-sided markets. However, competitive concerns arise when ad intermediaries are controlled by dominant undertakings. The primary concern is leveraging of market power, where a dominant undertaking extends its market power from one market to other markets and engages in potentially abusive conduct, such as self-preferencing, tying, and leveraging through data.  

Recognising that leveraging conduct is not inherently harmful to competition and consumer welfare, and in light of the lack of a clear, systematic framework for assessing abusive leveraging conduct in the online display advertising ecosystem, this thesis aims to fill this gap. By focusing on two types of leveraging conduct—self-preferencing and leveraging through data—and employing law and economics as a research method, this thesis seeks to uncover the abusive nature and pro-/anti-competitive effects of these practices in both the Chinese and European online display advertising markets. 

Supervisors: Peter Van Den Bossche and Denise Prévost

The research examines the interaction between World Trade Organization (WTO) law and global health law in the context of alcohol control. Despite its significant social and economic impact, alcohol poses considerable public health risks and remains the only major psychoactive substance not regulated by a binding international treaty. This study investigates the extent to which WTO law may constrain the implementation of alcohol control measures prescribed by global health law and evaluates whether a Framework Convention on Alcohol Control (FCAC) is necessary or sufficient to reconcile alcohol control policies with international trade obligations.

Employing a regime interaction framework, the research analyses administrative, adjudicative, and legislative overlaps between these legal regimes. It highlights the tensions arising from WTO trade disputes and committee discussions concerning alcohol-related measures. The study also explores the feasibility and design of an FCAC, assessing its compatibility with WTO norms and drawing lessons from the Framework Convention on Tobacco Control (FCTC).

This research addresses a gap in the literature on trade-health interactions involving alcohol, offering insights into balancing trade liberalisation with public health objectives. It aims to provide actionable recommendations for policymakers and stakeholders, emphasising the need for coherent, inclusive, and effective international approaches.

Supervisors: Denise Prevost, Dominic Coppens and Marta Pertegas

The research undertakes an analysis of the potential impact of e-commerce agreements on micro, small and medium-sized enterprises (MSMEs) growth in developing countries. E-commerce is defined as the production, distribution, marketing, sale, or delivery of goods and services by electronic means. E-commerce is regulated at two levels, i.e., under the World Trade Organization (WTO) agreements and through Regional Trade Agreements (RTAs). 

The research examines the key components that e-commerce negotiations cover and their implications for MSMEs in developing countries that have low levels of digital capacities, referring to these countries as Digitally Developing Countries (DDCs). The research analyses the draft Agreement on Electronic Commerce by WTO Members of the Joint Statement Initiative (JSI) on e-commerce and e-commerce chapters of selected RTAs that are relevant to DDCs, drawing examples from Kenya, Rwanda and Uganda. The study constructs a new analytical framework for analysing e-commerce agreements that take into consideration a development approach other than the dominant market-oriented approach.

Supervisors: Iwan Bos (School of Business Economics, UM), Niels Philipsen, Kalpana Tyagi

The use of economic evidence in competition law enforcement allows for a more accurate assessment of anti-competitive behaviour, reducing welfare losses caused by under/over enforcement, but at a cost (e.g., time and resources). Using economic evidence is preferable when the (social) benefits outweigh the costs.

This research assesses the role of economic evidence in competition law enforcement with an emphasis on cases involving the abuse of dominant position, in the jurisdictions of the European Union, the United States, and Chile. To do so, it will evaluate the benefits and drawbacks associated with the utilisation of economic evidence and provide recommendations for its optimal utilisation.

The social impact of this research is to acquire more effective competition enforcement, weighing the costs and benefits of avoiding type I and II errors through greater inclusion of economic evidence. This would lead to a more optimal policy enforcement that promotes greater efficiency and social welfare.

Supervisors: Michael Faure, Niels Philipsen

Employee participation in China first appeared in state-owned enterprises (SOEs). Recently, there has been a trend to extend it to all companies at the legislative level.

This research first explores the possibility that employee participation may reduce agency problems and its empirical results through a law and economics analysis. Next, it demonstrates the historical evolution and institutional framework of employee participation in China. Then, quantitative analyses are used to assess the actual effects of employee stock ownership in China’s SOEs. Finally, a comparative analysis with Germany’s employee participation mechanism is conducted and corresponding suggestions are made. This research aims to improve the employee participation mechanism in China’s SOEs.

Supervisors: Anselm Kamperman Sanders and Anke Moerland

New genomic techniques (NGTs) hold transformative potential for plant breeding, significantly enhancing global food security and climate resilience. Increasingly, jurisdictions are classifying products derived from NGTs as similar to those from traditional mutagenesis, easing market entry regulations—a move the EU is also preparing to implement, thereby increasing their appeal to breeders and farmers. However, intellectual property (IP) laws play a crucial role in the innovation and diffusion of these technologies. Exclusive IP rights can both stimulate investment in research and development and impose restrictions on technology access, often leaving food-insecure countries—primarily those that are developing or underdeveloped—without essential technologies and derived products. 

This study will conduct a comparative analysis of IP laws related to NGTs in the United States, European Union, and China, exploring how IP rights such as patents and plant breeder's rights influence the availability and utilisation of NGTs and their overall impact on food security. The research will critically discuss legal mechanisms including researcher and breeder exemptions, IP rights exhaustion, and compulsory licensing, exploring their potential in lowering barriers to technology access and enhancing global food security.

Supervisors: Liesbeth Lijnzaad and Michael Faure

Water, as a fundamental resource for human survival and environmental sustainability, holds critical importance in the context of armed conflict. It is not only essential for sustaining life among civilian populations but also plays a pivotal role in supporting economic stability and maintaining ecological balance. However, the dual role of water in armed conflict—as both a victim of deliberate attacks and a potential tool in military strategy—underscores the complexity of its protection. 

In this context, this research examines the protection and utilisation of freshwater during armed conflict through the lens of various branches of Public International Law. It analyses how International Water Law, International Humanitarian Law, International Environmental Law, and International Human Rights Law respond to and interact with one another to safeguard and manage freshwater resources in such scenarios. Furthermore, the research identifies gaps in the current legal frameworks and provides policy recommendations aimed at strengthening the protection of freshwater in times of armed conflict.

To control Greenhouse Gas emissions, China has been exploring emissions trading schemes (ETSs) for more than a decade. For example, seven pilot ETSs were operational between 2013 and 2014. A national ETS began functioning in 2021. The regulatory frameworks of China’s pilot and national ETSs are constantly evolving. However, there is no literature that provides a systematic review of the current compliance requirements and enforcement regimes of these ETSs. Furthermore, there is insufficient literature evaluating the effectiveness of the enforcement regimes of China’s ETSs in ensuring compliance by regulated entities. This research aims to fill the above gaps.

This research firstly explores what the effective enforcement strategies for an ETS can be according to the law and economics literature on enforcement. Subsequently, it describes the current compliance requirements and enforcement regimes of China’s pilot and national ETSs and assesses to what extent the regimes align with/deviate from the effective ETS enforcement strategies in theory. Finally, this study examines the data from the first compliance period of China’s national ETS to empirically evaluate the extent to which actual enforcement of the national ETS aligns with/deviates from the theoretical strategies. 

Supervisors: Niels Philipsen and Kalpana Tyagi

In relation to the regulation of digital music copyrights, the National Copyright Administration of China in 2022 took a position in favour of new entrants by halting exclusive licensing for all parties, except under special circumstances. This raises the question whether exclusive licensing is inherently flawed. 

This PhD research will scrutinise the circumstances under which exclusive licensing deals further strengthen platform dominance and thus impede competition by engaging in a comparative analysis of cases and regulatory mechanisms in the European Union, the United States, and China. It takes a doctrinal (competition law, copyright law), comparative and law and economics approach, and aims to provide policy recommendations for the management of digital music copyrights.

Supervisors: Promotors: Dominic Coppens, Iveta Alexovicova and André Nunes Chaib

Transitioning from a linear “take-make-dispose” economy to a circular economy by all countries, including developing ones, will contribute to solving the global plastic pollution crisis. An appropriate and coherent international law framework is needed to enable this transition. 

This study aims to address that gap by focusing on four regulatory dimensions relevant to a circular economy in plastics: international environmental law rules; international human rights; international economic law (IEL) rules, and the ongoing negotiations of the Plastics Treaty. Concretely, the study explores to what extent the current international legal framework enables an inclusive circular economy in plastics, analysing each regulatory dimension from a framework that considers the full plastic’s lifecycle as well as inclusivity aspects. To carry out this analysis the study combines doctrinal legal research with empirical legal research, including observations and semi-structured interviews regarding the Plastics Treaty negotiations.

Supervisors: Anke Moerland, Anselm Kamperman-Sanders and Aurelio López-Tarruella

Through various legal and policy developments derived from the Green Deal, the EU aims to achieve greater sustainability. Special attention has been focused on the change from a linear production model to a circular one that promotes the reuse, repair, and recycling of products when they reach the end of their life cycle. A key factor for a product to be sustainable is that its lifespan is as long as possible, thus delaying its disposal and the need to purchase a new one. To this end, the repair of objects is key, and it is defended by the so-called “Right to Repair” movement.

3DP and its corresponding online platforms possess great potential for repair activities, offering digital storage, the production and diffusion of spare parts, as well as local and on-demand production.

Although there is an important focus on the “right to repair” from a consumer perspective, repair activities can lead to IP infringement. This issue has been addressed previously by literature and case law but takes on new relevance with the use of 3DP and the recent regulatory updates. New questions arise about the possibility of IP infringement and, thus possible barriers to the use of 3DP for repair.

Supervisors: Anselm Kamperman Sanders and Anke Moerland

This thesis provides a legal-historical analysis of the disciplines that apply in respect of geographical indications under the WTO TRIPS Agreement for countries and customs territories that are Members of the World Trade Organization (WTO), in light of the divergent ways in which the provisions of the TRIPS Agreement in respect of geographical indications have been implemented by the United States and the European Union. Such assessment has become more pertinent, as the legal aspects of this divergence are the reflection of a political controversy that is having its effect on third countries in negotiations for bilateral agreements with the European Union and the United States, separately, in the sense that these third countries are confronted with incompatible demands.