This is an overview of projects that have received grants from the initiative. They cross the boundaries between our disciplines and contribute to studying the dynamics of inclusive prosperity. These grants are meant to further multidisciplinary research and to facilitate nascent research projects.
Positive state obligations concerning fundamental rights and ‘changing the hearts and minds’
Prof. dr. Kristin Henrard (ESL), Dr. Yogi Hale Hendlin (ESPhil)
This grant supports a conference on 30 and 31 January 2020. The conference will cover topics of enduring relevance and growing importance concerning (the reach of) positive state obligations in relation to prejudice and discrimination; and will address these from a multidisciplinary perspective.
Positive state obligations are fundamentally geared at the effective protection of fundamental rights. Over time, these positive state obligations have increased in terms of variety and strength. At the same time, these positive state obligations cannot be absolute. The conference (and the ensuring special issue of Erasmus Law Review) explores how far state obligations go to ensure effective protection against discrimination in interpersonal relationships. How far do states have to go to counter ingrained prejudice and stereotypical thinking? Can states try to change the hearts and minds of people?
Jean Monnet Centre of Excellence: Digital Governance (DIGOV)
Prof. dr. Klaus Heine (ESL), Prof. dr. Evert Stamhuis (ESL), Farshida Zafar (ESL)
Together with researchers from Bar-Ilan University and the University of Leeds, Klaus Heine, Evert Stamhuis and Farshida Zafar have been awarded with a Jean Monnet Centre of Excellence by the European Commission. In the next three years the researchers will work on the forefront of research on the impact of digitalization on law and society.
Which rules and norms are needed to enable Big Data and Artificial Intelligence to fully support our individual interests and help us make smart choices? And which constraints are needed to prevent Big Data and Artificial Intelligence to work to the detriment of society? To what extent is incumbent law still able to deal with digitalization on an accelerated pace? And which legal insufficiencies have to be bridged by new legal rules?
The Quest for Controlled Freedom
Prof.dr. Peter Mascini (ESL), Prof.dr. Peter Hupe (ESSB), Dr. Gijs van Oenen (ESPhil)
Securing legal certainty, legal equality and fairness in implementing law and policy are important preconditions for inclusive prosperity. Yet, the fulfilment of these preconditions can never be taken for granted because the translation of rule into action, the process by which abstraction becomes actuality, involves interpretation and choice: discretion is at stake. Discretion may be granted formally and it may be assumed. By ’implementing actors’ it may be used prudently or it may be abused. The ways in which this happens concern empirical questions against the backdrop of rapid social changes.
Public services have been digitalized and privatized, while performance standards, performance measurement and reporting obligations have become omnipresent. Due to these changes the responsibilities and expectations of public as well as private actors and the boundaries between them are shifting. These facts pose new challenges on how to balance control and freedom in the use of discretion. While both total control and full freedom seem illusory, what are accountable ways of dealing with freedom when acting towards public goals such as inclusive prosperity? The idea behind the conference subject is inspired by a new book that will come out in the summer of 2019, titled Discretion and the Quest for Controlled Freedom.
Dr. Elena Kantorowicz-Reznichenko (RSM), Dr. Conrad Heilmann (ESPhil)
In this very first international conference on day fines, experts in criminal law and criminology from different European countries will discuss the unique system of criminal fines which systematically depend not only on the severity of the offence but also on the wealth of the offender.
Half of the European countries are currently applying a unique model of fines, which systematically accounts for the income of the offender. Consequently, in these jurisdictions, the nominal amount of the fine depends not only on the severity of the offence but also on the income of the offender. This type of fine has great potential in terms of improved deterrence and a fairer system of pecuniary sanctions. However, not much is known about this system. This conference gathers experts in the field to explain the day fine system in different countries where they are implemented.
Facing Grand Challenges Together
Dr. Ilona Suojanen (RSM), Professor Gabriele Jacobs (RSM), Mark van der Giessen (RSM), Mieke Kox (ESL), Dr. Conrad Heilmann (ESPhil)
Global forced displacement is not a new phenomenon, but in 2015, when the island of Lesbos was confronted with over 500.000 refugees in one year; almost 6 times its own population, its visibility was increased. In the wake of a record number of refugee arrivals, many International organizations followed, creating a complex system of Greek, European and global organizations and processes. As a result, Lesbos has become a microcosm where local and global responses intersect to manage the refugee crisis and its aftermath. These challenges do not stay on Lesbos, they reverberate across Europe.
Responding to forced displacement is difficult as humanitarian and economic needs and responsibilities transcend the local and even European levels of organizing. One thing is clear however; the challenge of dealing with forced displacement is bigger than any one organization, and must therefore be faced together. This working conference is intended to bring together knowledge and experience from all relevant sectors, including business, charity and voluntary work, healthcare, law enforcement and security, media, public administration, social care, logistics and science.
Building an Erasmus Research Network on Sustainable Business & Human Rights
Prof. dr. Rob van Tulder (RSM), Prof. dr. Liesbeth Enneking (ESL), Prof. dr. Martijn Scheltema (ESL), Prof. dr. Cees van Dam (RSM)
The Erasmus Research Platform on Sustainable Business & Human Rights seeks to identify strategies – including both business and regulatory strategies – that effectively contribute to sustainable development and corporate respect for human rights.
The Platform’s focus is on the ways in which innovative management stances, which enable the transition to proactive value creation, can be linked to innovative legal arrangements to foster proactive business conduct in global value chains, beyond compliance. Examples include contractual, dispute resolution, legislative, multi-stakeholder and industry arrangements that take an integrated approach to minimise adverse impacts and generate positive impacts.
The Era of Disintegration: Taking Stock of the Dynamics of International Economic Governance in the First Two Decades of the 21st Century
Dr. Federica Violi (ESL), Dr. Constanze Binder (ESPhil)
International economic law and EU law have played an enormous role in enhancing economic integration and international cooperation. However, they seem to have lost part of their integrationist force. International and regional economic regimes seem in fact to be both sustaining and nurturing patterns of disintegration. Brexit, the Euro crisis, the US challenges to multilateralism, environmental disruptions, and resource-cursed States are only a few examples of how disintegration dynamics are unfolding rapidly at various levels.
On the 16th of November 2018, we will organize a conference at which academics and practitioners from the fields of law, economics and philosophy of economics will gather to analyze these patterns of disintegration, trying to discern the paradox by which the very instruments and mechanisms that were introduced with the aim of achieving an ever-closer integration may have actually spurred centrifugal and structural fragmenting tendencies.
Blockchain: A Matter of Trust?
Dr. Jurgen Goossens (ESL), Dr. Gijs van Oenen (ESPhil), Prof. dr. Jos de Mul (ESPhil)
Although blockchain seems to offer great opportunities to improve the functioning of our democratic society, the government should think before acting. It is far from clear whether blockchain will resolve more problems than it will create. When using new technologies, such as blockchain, the government must be aware that it is wearing two hats, one as a (horizontal) user of the system and another one as a (vertical) public actor with responsibilities.
The project will address these questions and concerns regarding the application of blockchain and smart contracts by the government and its effects on inclusive prosperity. Blockchain might generate both negative and positive effects on inclusive prosperity.
Visuals at work in the legal system
Dr. Gabry Vanderveen (ESL), Prof. dr. Valerie Frissen (ESPhil), Prof. dr. Henk Volberda (RSM), Prof. dr. Marius van Dijke (RSM).
New technologies have led to an increase in different types of visuals in the legal system, created by various public and private actors. This working conference brings researchers, (legal) professionals, practitioners and businesses together to discuss how visuals actually work in the legal system, how they affect the people involved.
When and how can visualization of information and data lead to more inclusion by enhancing access to justice and to legal information? When and how can access to and the use of visuals in civil and criminal cases lead to less justice and how can this be prevented?
Tax incentives for corporate philanthropy to stimulate inclusive prosperity
Dr. Lonneke Roza (RSM), Dr. Renate Buijze (ESL)
Companies increasingly play a pivotal role in creating inclusive societies through incorporating ethical, sustainable and social policies in their day-to-day operations, but also through cross-sector partnerships based on CSR and corporate philanthropy. This project studies tax incentives for corporate philanthropy.
In order to address the key academic questions and enhance the collaboration within the field of corporate philanthropy, meetings are organized with top academic scholars as well as organisations active in the field and potential funders.
The use of AI in legal decision making
Erlis Themeli LLM (ESL), Dr. Stephan Philipsen (ESL), Dr. Gijs van Oenen (ESPhil), Prof. dr. Stefano Puntoni (RSM).
A growing number of applications is able to find, read, and summarise arguments contained in large volumes of information, called Artificial Intelligence (AI). The use of AI in legal decision making is a matter of concern to government officials, public in general, and the court constituents. AI promises to reduce costs of justice and to make complicated legislation more accessible, increasing the access to justice with technology serving as a vehicle to a more inclusive prosperity.
This roundtable aims to gather developers of AI applications, managers of law firms or private companies, government officials and court representatives in order to reflect on this development and improve communication and understanding of AI.
The moral aspects of robotization
Prof. dr. Jos de Mul (ESPhil), Prof. dr. Valerie Frissen (ESPhil), Prof. dr. Stefano Puntoni (RSM), Prof. dr. Evert Stamhuis (ESL).
In both the public and private sphere, more and more decisions are delegated to advanced algorithms. Although this affects management, law, and philosophy alike, as of yet no coordinated initiative exists that connects expertise and research within these disciplines. Therefore, the current project sets out to jointly develop a research agenda on the moral aspects of robotization, ranging from governance and organisational ethics to the individual self-understanding as a (moral) agent within an increasingly automated structure.
In the modern praxis of the digital age, it is held, moral concepts such as responsibility could require structural revaluation. Members from the three Faculties will collaborate on a joint research agenda, try to develop an overarching theoretical framework and explore new possibilities for further research.
Sharing economy in logistics
Dr. Wouter Verheyen (ESL), Prof. dr. Rob Zuidwijk (RSM), Dr. Niels Agatz (RSM)
This project envisages organizing an interdisciplinary conference with round table debates on the theme of sharing economy in logistics. In this domain, where cooperation between market players is essential, a holistic solution to the grand societal challenges requires an integrated approach, combining expertise from logistics, operations management, modelling and law.
The evolutions that have taken place in the sharing logistics in the last years, could very much increase inclusive prosperity, but at the same time they might potentially lead to opposite results and allow for exclusion and even (social) dumping. Given these opportunities and threats, it is clear that sharing economy in logistics could be a catalyst for inclusive prosperity, but at the same time entails a risk of achieving the opposite results.