International and public law, ethics and economics for sustainable development - LEES

Dottorati
Doctoral programme (PhD)
A.Y. 2019/2020
Study area
Humanities, Social Sciences and Law
Doctoral programme (PhD)
3
Years
English
PhD Coordinator
Despite the urgency of the Sustainable Development Goals integrated into the 2030 Agenda for Sustainable Development, some of the most influential global actors continue to disclaim their responsibility to contribute to them. The magnitude of the problem justifies a multidisciplinary research program on the institutions for sustainability based on putting to work together law, ethics and economics - and to which the LEES doctorate is dedicated.

The legal system defines the rule of law limits to the political balance between fundamental rights and economic stability, and indicates the intolerability of phenomena of marginalization and inequality.
However, new ideas of justice are needed: after redefining the concept social well-being, these ideas need to reconceive and understand distributive justice from both an inter-generational and intra-generational perspective.

Comparative studies, as well as de jure condendo ones, will design multi-level institutions for sustainable development, finally questioning that various private institutions can be sheltered from the claims of social justice, such as the access to innovation, the fair distribution of decision-making rights to stakeholders within enterprises, the democratic self-government of common goods.

Strategic litigation will be studied in order to promote institutional change and respect for human rights inside and outside the courts.

Economic analysis will set the condition to verify when institutional change is supported by collective rational choice models and if it corresponds, thanks also to plasticity of preferences, to the emergence of game theoretical equilibria eliciting conformity (social norms).
Title Professor(s)
RETHINKING LEGAL, ETHICAL AND ECONOMIC APPROACHES TO SUSTAINABILITY Subtopics: - Understanding, in the age of global and national inequality, the dimensions and dynamics of inequalities as well as their driving forces - The impact of environmental issues on international inequalities - Social rights and social inequalities - Gender (in) equality - Age, ethnic, racial and religious discriminations - Populism VS deliberation and the quest for self-determination - How to go beyond traditional approaches to welfare policies in order to fight growing inequalities; pre-distribution in place of re-distribution, the role of education and that of distribution of property on wealth, and residual control rights on assets - Should States’ Constitution incorporate more fairness concerning the distribution of ownership and residual decision rights? - The impact of both financial markets and international monetary bodies on the internal margin of manoeuvre and democratic choices of economic management - Democracy and global inequality: the relationship between counter-democratic ideologies, legal reforms and political/social/economic processes (at the domestic and global levels) and the lasting ramifications of the 2008 economic crisis - The ethics of tax competition after the 2008 financial crisis: rethinking sovereignty for a sustainable system of international tax relations
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
SOCIAL JUSTICE, GLOBAL AND INTER/INTRA-GENERATIONAL JUSTICE AND ACCESS TO JUSTICE Subfields: - Global Justice in face of growing inequalities in developing and developed countries in respect of technological innovations, control of capital and property rights. - New perspectives on Justice: an emerging “Sustainable Justice” principle? - Non-state non-judicial grievance mechanisms: the compatibility of internal complaints processes within businesses with international human rights law - The right to an effective remedy - Alternatives determination of disputes and justice - Addressing the Risks of Inequality of Arms and Power Imbalance - Environmental Justice - Inter-generational and intra-generational justice
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
NEW PERSPECTIVES IN THE THEORIES OF JUSTICE Subfields: - Can international law be shaped according the ideal of global justice? - New methods in the theory of justice; behavioural and experimental justice and their meaning for the realism of justice - What is the subject matter of justice? Distribution of welfare, resources, capabilities and functioning, autonomy, responsibility or consideration? - Their measurement as bases for social choice, constitutional and post-Constitutional contracts; the rank of principles such as equality, needs, merits and contribution
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
SHARED SOCIAL RESPONSIBILITY FOR JUSTICE: subfield: - How to overcome the lack of individual incentive in contributing to the implementation of global commitments for sustainable developments? The theories of shared intentions, conjoint action, deliberation, agreements and we thinking. - The (economic psychology) cognitive dimension of joint action: framing and belief formation, reasoning and mutual simulations of minds. - Multilevel forms of governance for implementing shared responsibility
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
INSTITUTIONAL AND NON-INSTITUTIONAL ACTORS IN THE SUSTAINABILITY NETWORK Subfields: - Assuring HRs compliance by the UN, NATO; EU; COE; WTO, WB an d IMF - Transnational Crimes as Obstacle to Sustainability - The role of private economic agents (corporations and others) in supporting Sustainable Development. - The role played by NGOs, non-profit organizations and civil society in the promotion of sustainable developments (social capital creation, networks) and their relations with local economies and multinational corporations - The institutional and behavioural explanation of NGOs; non-self-interested behaviour as “the future” of law &economics - Bringing non-state actors under the sway of international law - Models of stakeholder corporate governance for Socially responsible and Sustainable Corporations and the different models in enhancing reducing income and wealth inequality - New Forms of Ecological Corporate Governance
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
ENVIRONMENTAL ISSUES Subfields: - Ecology, Technology and Private Law - The Economics of International Environmental Agreements in the Quest of Sustainability. - Implications of behavioural environmental law and economics - The Erga Omnes States’ obligations in respect of the natural Local and Global Environment - Fairness, Stability and Weakness of Private Incentives for International Environmental Agreements. How to Ensure their Intra/Inter-Generational Fairness; avoiding the Free-Riding Problem in ex Ante Agreements as Bargaining and Cooperative Game and ex Post Interaction - Non-Cooperative Games the Nations and Private Economic Agents play separately. - The Evolution of State Contracts on the Use of Natural Resources signed by the Developing Countries - Sustainable Oceans - Climate Change and Sustainability
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
POLITICAL ECONOMY AND PUBLIC CHOICE FOR SUSTAINABLE DEVELOPMENT Subfields: - Democracy in the face of globalization, the role of nation States and international institutions. - Populism VS deliberation and the quest for self-determination - How to go beyond traditional approaches to welfare policies in order to fight growing inequalities; pre-distribution in place of re-distribution, the role of education and that of distribution of property on wealth, and residual control rights on assets. - The constitutional political economy of sustainable development: Should the constitutional contract incorporate more fairness concerning the distribution of ownership and residual decision rights? - Accountability and rule of law concerns as indispensable features of democracy and Sustainable Development
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
INSTITUTIONS AND GOVERNANCE OF THE COMMONS Subfields: - The Commons: the problem of qualification and the different types of commons - Cultural and Intellectual Commons - The protection of Knowledge Commons from commodification: the necessity to revisit the current regime of Intellectual Property Rights - “Common pool resources” and their governance. - Local and global commons and the problem of multilevel governance (local, national, regional, global). - Institutional models of self-governance for physical and knowledge infrastructures for the commons.
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
SOCIAL NORMS AND SUSTAINABILITY Subfields: - Do social norms support sustainable development? Fair and unfair social norms (egalitarian vs discriminatory, responsible vs. unsustainable etc.). - Collective choice and cognitive mechanism activating agreement and conformity to social norms. - Game theoretical models of social norms emergence, selection and conformity.
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
CORPORATE GOVERNANCE AND CORPORATE SOCIAL RESPONSIBILITY Subfields: - Business and Human Rights - The role Corporate Social Responsibility (CSR) and/or Corporate Environmental Responsibility (CER) can play in stimulating Sustainable Development - Stakeholder vs. shareholder models of corporate governance for socially responsible and sustainable corporations. The role of different CG models in enhancing or reducing income and wealth inequality - Instrumental vs constitutive view of corporate responsibility, the social contract of the firm amongst its stakeholders as a bargaining game and the redefinition of the “social interest” and the objective function - Is corporate governance part of the social contract and the idea of justice? The contribution to CG and CSR coming from the capability approach. - Mandatory law, soft law and self-regulation through charters, bylaw, code of ethics, and management standards for sustainability. - Classical, evolutionary and behavioural game models for the explanation of the emergence and stability of sustainable collective mental models (frames) of corporate governance. - The role of Tax Control Framework as outlined by the OECD soft law within Corporate Governance and Corporate Social Responsibility, for a sustainable relationship between corporate taxpayers and Tax Administrations towards a fair international tax system.
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
INNOVATION TECHNOLOGIES AND SUSTAINABILITY Subfields: - The Sustainability of Cyberspace - The Digital Commons - Legal issues related to the use of Big Data - Technological innovations: new rights and their impact on the principle of equality and non-discrimination - Big Data, Sustainable Development and Human Rights - Blockchain as tool for Sustainability. Risks and Challenges - The Smart Contracts - Robotics and AI: legal, ethical and economic questions - The emergence of global ‘data economy’ and the incidence on democratic regimes - For a sustainable taxation of the digitalised economy: targeted or system-wide reform?
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda
HUMAN RIGHTS AND STRATEGIC LITIGATION Subfields: - Human rights between universal value and local implementation: a research on the inherent tension of human rights protection - Strategic Litigation networks’ structure, methodology and effectiveness - Strategic Litigation in comparative perspective - Procedural mechanisms of Strategic Litigation - Socio-legal aspects of Strategic Litigation - Systematic pattern of cross-referencing - Impact of Strategic Litigation on the judge: reasoning, dissenting opinions - Fundamental rights, Sustainable development and Strategic Litigation - Strategic Litigation and social justice: Public ethics, public reasoning and the justification of strategic litigation objectives - Strategic choice and strategic litigation - How strategic litigation impact on collective choices mechanisms
E. Chiappero
S. Baric
C. Bicchieri
S. Bojanic
S. De Colle
M. Faure
G. Grimalda
S. Hargreaves Heap
M. Khadjavi
I. Kunda

Enrollment

Places available: 6


Call for applications: how to do, attachment 1, Qualifications assessment and exam schedule


Application period: from 09-05-2019 to 10-14-2019
Enrolment period: from 10-29-2019 to 10-31-2019