Research Esther van Zimmeren

Abstract

Trust in public governance is essential for a well-functioning society. This is especially so in the face of grand societal challenges, which put increasing pressure on trust and spark distrust. In this respect, it is essential to understand how trust is built through successful governance. Equally important is recognising that trust in itself is a fundamental prerequisite for successful governance. Therefore, and building on previous work of the GOVTRUST Centre of Excellence on trust and multilevel governance, the new GOVTRUST research programme focuses on trust and distrust in the governance of societal transitions. In doing so, GOVTRUST will make significant interdisciplinary contributions to both the trust literature and the scholarship regarding the governance of transitions. Contemporary governance of society is increasingly defied by uncertain and disruptive challenges affecting every part of our society. Societal challenges, such as climate change and digitalisation, represent very complex, interdependent, and multi-dimensional problems that require collaborative efforts of public, private, and non-profit actors, as well as individual citizens. In responding to these complex challenges, major societal transitions - i.e., systemic changes and deliberate alterations in the functioning of society - are necessary. The standard governance repertoire has not been able to bring about such successful transitions: e.g., at several governance levels negotiations are blocked, and regulatory and policy frameworks are strongly contested, rigid, and inapt to respond to scientific advances. It is therefore crucial to rethink governance, both regarding the arrangements and processes needed to make collective decisions, and regarding the capacities and behaviours of organisational and individual actors at different levels of governance (incl. local, regional, national, EU, international levels). Trust is a fundamental condition for such complex governance systems to perform well. Although the literature and our own GOVTRUST research have shown that a certain degree of distrust between actors within a governance system (public, private and civil society actors) might be functional in specific instances, recurring reports of distrust point to significant problems. When trust evaporates and/or distrust rises, cooperation between these governance actors is compromised, making successful governance of societal transitions very hard to achieve. Moreover, the actual (lack of) response of governance systems to societal challenges will in turn have an impact on trust by citizens in those systems. Therefore, GOVTRUST will focus on trust and distrust in and within the governance of transitions. GOVTRUST's core aim is to understand and analyse the dynamics, causes and effects of trust and distrust in and within the governance of societal transitions. As interdisciplinary collaboration is crucial to achieve this aim, the GOVTRUST consortium unites strong research teams from political science, public administration, law, communication sciences, sociology, organisational behaviour, and learning sciences. By expanding the existing consortium with experts from sociology, organisational behaviour, and learning sciences, the GOVTRUST consortium has all the necessary conceptual, theoretical, and methodological expertise to make ground-breaking contributions. With its unique capacity and experience, GOVTRUST will engage in frontline conceptual and theoretical innovation, combining advanced methodological approaches that prioritise interdisciplinarity and the involvement of societal actors. In this way, the expanded GOVTRUST consortium will build on its acquired expertise to generate major scientific breakthroughs and substantial societal impacts regarding trust in the governance of societal transitions, while further consolidating and strengthening its international position and the international visibility of the University of Antwerp in the field.

Researcher(s)

• Promoter: Verhoest Koen
• Co-promoter: Bursens Peter
• Co-promoter: Oosterlynck Stijn
• Co-promoter: Popelier Patricia
• Co-promoter: Van den Bossche Piet
• Co-promoter: van Zimmeren Esther
• Co-promoter: Walrave Michel
• Co-promoter: Wynen Jan

Research team(s)

• Politics & Public Governance

Project website

Project type(s)

• Research Project

Abstract

In various sectors experts call for the establishment of specialized courts, because court cases require special technical expertise and speedy procedures (e.g. environmental law, intellectual property (IP) law). Use of specialized court systems, compliance and cooperation with the courts will depend on the extent to which the stakeholders concerned trust the courts. The overall objective of this research project is to get a better understanding of trust dynamics in the context of specialized courts. The literature on trust in courts is generally focused on court systems in general, criminal justice, the Court of Justice of the EU or the European Court on Human Rights, and do not deal specifically with specialized courts. The start of the operations of the Unified Patent Court (UPC), a new highly specialized patent court in Europe, is a unique opportunity to contribute original insights to the trust literature. The creation of the UPC has happened in an environment characterized by political and legal controversy and is associated by challenges of its independence and impartiality. So the question is whether stakeholders will still trust the court. Using the UPC as a case study will allow us to better understand trust dynamics regarding specialized courts and to develop recommendations regarding trust-building mechanisms.

Researcher(s)

• Promoter: van Zimmeren Esther
• Co-promoter: Kleizen Bjorn
• Co-promoter: Popelier Patricia

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The aging population, the acute (care) staff shortage, the administrative burden and high healthcare costs emphasize the urgent need for a different organization of healthcare. By organizing remote care based on continuous telemonitoring instead of snapshots, one can work towards more affordable, holistic and patient-centered care in dialogue with patients and caregivers. Despite the potential of telemonitoring, the implementation of the existing variety of solutions is complex and relatively limited. Different barriers to the implementation exist, such as legislation, problems with reimbursement, nomenclature, pricing, as well as lack of knowledge and experience among healthcare providers. Therefore, we argue that there is a need for synergy and coordination between companies active in digital health technology and healthcare organizations. This TETRA project aims to support technology companies and healthcare organizations in the implementation of telemonitoring in transmural care. The target group of the project consists of developers of digital health technology (IoT integrators, application developers, data science consultants, etc.), healthcare institutions (including home care and hospitals) and network partners.

Researcher(s)

• Promoter: van Zimmeren Esther
• Co-promoter: Van Assche Kristof

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Given the current tenuous state of trust between institutions and actors at different levels in the EU governance system, the Jean Monnet Centre of Excellence STRATEGO aims to teach, research and disseminate knowledge on the dynamics, causes and effects of trust between the actors and institutions involved in EU multi-level governance of sustainable development, with a focus on business and entrepreneurship, climate and biodiversity, and health policies. This empirical scope of STRATEGO connects with the UN's sustainable development goals, the policy priorities of the European Commission and the priorities of the Erasmus+ programme. STRATEGO will develop interdisciplinary synergies on EU governance, trust and sustainable development by bridging teaching, research and outreach efforts across disciplines at the University of Antwerp. Throughout all activities, STRATEGO will go beyond the usual producers and consumers of EU studies. It will bring EU governance knowledge of the Social Sciences, Law and Economics faculties to students and staff of the Science and Health Sciences faculties, and it will reach out beyond the academic environment to foster a dialogue with professionals, civilsociety and the general public. In terms of teaching, STRATEGO will ensure interdisciplinarity through guest lectures, joint supervision of bachelor and master theses and innovative formats such as simulations and micro-credentials. In terms of research, STRATEGO will bring together staff from various disciplines through research seminars, PhD masterclasses and a visiting scheme for early career scholars. In terms of outreach beyond the academic context, STRATEGO will organise activities such as thematic webinars, outreach workshops and activities for specific audiences such as secondary schools.

Researcher(s)

• Promoter: Bursens Peter
• Co-promoter: Beutels Philippe
• Co-promoter: De Bièvre Dirk
• Co-promoter: Hoijtink Marijn
• Co-promoter: Matthysen Erik
• Co-promoter: Meeusen Johan
• Co-promoter: Meier Petra
• Co-promoter: Popelier Patricia
• Co-promoter: Vanderstraeten Johanna
• Co-promoter: Van Dooren Wouter
• Co-promoter: van Zimmeren Esther
• Co-promoter: Verhoest Koen
• Co-promoter: Vicca Sara
• Co-promoter: Wynen Jan

Research team(s)

• Politics & Public Governance

Project website

Project type(s)

• Education Project
• Research Project

Abstract

Cases like the 20-year legal battle over the unauthorized sampling of two seconds from a song by the German band, Kraftwerk, show that resolution of copyright can be expensive and time-consuming. The picture has become even grimmer with the digital revolution and its trail of social media proliferation, e-commerce and globalized market for digital content, which have increased the means for content distribution, and consequently - infringement. This should necessarily lead to the question: if litigation encounters such significant challenges and if Alternative Dispute Resolution (ADR) mechanisms are regarded as an appropriate alternative for dispute resolution by courts, why have ADR mechanisms not been better embraced for copyright dispute resolution, even in instances where they are statutorily recommended? The fear of blacklisting of authors and the fear of bias against copyright exploiters are regarded as reasons for the unpopularity of ADR methods in copyright disputes. Both reasons, and indeed the evidence of low usage, signal a design flaw in the system of copyright dispute resolution. This project seeks to integrate two bodies of literature in the field of dispute resolution – those relating to intellectual property (IP) law and those relating to Dispute Systems Design (DSD), to propose a model for copyright disputes resolution by integrating DSD strategies with the peculiarities of copyright-dense industries and disputes. This research shall combine legal doctrinal research methodology with empirical research to ultimately determine how the copyright dispute resolution system can be designed to enhance trust in ADR, boost stakeholders' use of ADR and contribute to the achievement of the objectives of the copyright system. This project shall add to the field of research on IP enforcement and dispute resolution and contribute to preserving the value of IP rights in the face of relentless infringement. It will also inform and guide the discourse on the enforcement of IP rights towards an effective and sustainable digital age dispute resolution system for the enforcement of rights and the realization of the objectives of the copyright system.

Researcher(s)

• Promoter: van Zimmeren Esther
• Co-promoter: Rutten Stefan
• Fellow: Lari-Williams Seun

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Crafting Futures examines and transforms the assessment & validation mechanisms by which crafts knowledge and know-how (CKK) is evaluated, to enhance its value added for economy and society in Flanders. Crafts are resources for competitiveness, innovation, sustainable development and quality of life, contributing to SDG4, 8 and 11. Yet the services and tools needed to foster the recognition of the value of CKK currently hamper the full utilisation of its economic and societal potential, as they mostly reduce CKK to cultural heritage. Our main objectives are to 1) understand the shortcomings of the assessment and validation mechanisms and tools and 2) transform the "repertoires of evaluation" and the related validation tools. This is achieved by interdisciplinary research & urban co-creative labs in which we 1) map the controversies around the assessment and validation of CKK in ecosystems where crafts people collaborate with other professionals (formal education and maker spaces); 2) produce a new scientific toolbox and conceptual framework that enables future scientists to approach CKK beyond its heritage value and assess and validate its economic and societal value across disciplines; 3) co-create formats and tools which enable crafts people and stakeholders such as educators and entrepreneurs to valorise CKK more effectively and productively (business models, certificates, …), 4) design recommendations and plans for urban and regional governments, which enable to optimise CKK's integration and impact in economy and society (professional qualifications, property protection, …), and 5) valorise and sustain these tools for the future through a plan for a crafts council Flanders, which would also represent crafts people in future policy making processes. We will develop and test our revised formats and tools in action research labs that analyse in-depth a set of "boundary cases" by our stakeholders and experiment with hybrid craftsmanship and 21st-century skills.

Researcher(s)

• Promoter: De Munck Bert
• Co-promoter: Jacobs Marc
• Co-promoter: Schramme Annick
• Co-promoter: van Zimmeren Esther
• Co-promoter: Verlinden Jouke Casper

Research team(s)

• Centre for Urban History

Project type(s)

• Research Project

Abstract

This project studies the national implementation of legal judgements from courts and managerial agreements from non-compliance mechanisms on European and international environmental issues. Against the background of the increasing impact of climate change and a lack of specialised jurisdiction over environmental disputes beyond the nation state, the implementation of legal obligations is a crucial tool to protect Earth's environment from harm. Yet, systematic insights on the national implementation of so-called 'resolution mechanisms', i.e., managerial agreements from non-compliance mechanisms and court judgements on supra- and international environmental issues, are lacking. This project will investigate the conditions explaining effective implementation of such agreements and judgements by adapting insights on policy implementation research and comparing processes of implementation across different types of resolution mechanisms. It will develop an innovative, theory-driven concept-structural framework based on key conditions from the implementation literature (actor preferences, institutional legitimacy, resolution mechanisms) that mirror the existing management and enforcement approaches. The framework will enable systematic comparisons across resolution mechanisms and thus account for a diversity of separate but equally valid explanations. Empirical analysis will follow a mixed methods approach that includes (1) data gathering based on public documents and expert interviews, (2) a comparative assessment via Qualitative Comparative Analysis (QCA) including case studies, and (3) in-depth process tracing of unexpected cases identified in the QCA. This approach will provide generalisable insights on how different preferences combine with varying degrees of legitimacy and resolution mechanisms to explain the national implementation of managerial agreements and court judgements on environmental issues.

Researcher(s)

• Promoter: Bursens Peter
• Co-promoter: van Zimmeren Esther
• Fellow: Corcaci Andreas

Research team(s)

• Politics & Public Governance

Project type(s)

• Research Project

Abstract

In order to enable citizens to benefit from technological advances and to achieve the Sustainable Development Goals, it is essential to overcome the technological divide between countries. Technology transfer (TT) is the cornerstone of this project and is a standard component in trade and environmental agreements. Yet, no consensus exists as to how TT should be defined, which obligations are comprised in TT and what the role of intellectual property (IP) rights in the promotion of TT should be. The wide variety of legal provisions referring to TT in different legal regimes has only increased the ambiguity of the term TT. Parallel to that, there is a proliferation of bilateral free trade agreements (FTAs) containing both IP law as well as environmental law chapters. However, limited systematic research exists regarding TT provisions in FTAs and on how both areas can be connected. The hypothesis of this project is that TT provisions in FTAs may provide alternative solutions to the ineffective application of TT provisions in multilateral trade agreements. This research will conduct an empirical qualitative legal analysis of the FTAs and develop a taxonomy of TT provisions, which will later be compared with TT obligations in international agreements. This research will contribute to the literature by mapping current approaches and providing clarity to the concept of TT and outlining a possible international TT framework.

Researcher(s)

• Promoter: van Zimmeren Esther
• Co-promoter: De Feyter Koen
• Fellow: De Andrade Felipe

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Polarisation threatens the transformative capacity of cities at a time when collective plans for a more sustainable and resilient urban future are needed. The typical answer to polarisation has been to strengthen consensus building among stakeholders, but such approaches are known to lead to alienation, tensions with existing democratic institutions, and an increasing gap with legal practice. CONTRA explores how institutionalising productive conflict can increase the transformative capacity needed in the transition towards more sustainable cities. Through a comparative study of urban planning law and practices focused on climate transition in 4 countries (Belgium; Netherlands; Norway and Poland), we study how conflict is handled and investigate the connection with political and legal institutions to determine whether conflict is suppressed or actively used for sustainable transformation. We also test new ways to handle conflict. CONTRA pioneers a new model of living labs (Drama Labs) that uses theatre-based methods to experiment with productive conflict. Combining empirical investigations with action research through the Drama Labs, CONTRA responds to topic 2 and 3 of the call by building capacities for urban transformation grounded in urban liveability, inclusivity, and active community engagement, as well as improving non-physical infrastructure such as governance and regulatory processes.

Researcher(s)

• Promoter: Van Dooren Wouter
• Co-promoter: Coppens Tom
• Co-promoter: Gielen Pascal
• Co-promoter: van Zimmeren Esther

Research team(s)

• Politics & Public Governance

Project type(s)

• Research Project

Abstract

Urban mobility has fundamentally changed over the last decades. Sharing steps, bikes and cars as well as carpooling and on demand mobility platforms have become an important part of the mobility matrix. Established by private companies, these platform-based mobility initiatives are now at the heart of local and EU mobility policy as a means to achieve a more sustainable and accessible mobility matrix. The standstill in the design of a coherent passenger rights framework for these platform-based mobility solutions as a key component of the mobility mix is in sheer contrast with the operational evolutions in this domain. While the EU aims at providing a high level uniform passenger rights protection, the current legal framework consists of a patchwork of EU Regulations and international Conventions, all with a limited scope. Such a fragmented approach makes the legal framework vulnerable to major societal changes, such as the current evolution towards platform-based mobility solutions, resulting in legal uncertainty and gaps in the protection for passengers. The proposed research will bring an important contribution to the international state-of-the-art by providing a framework for integrated passenger rights protection, aimed at providing legal certainty and effective protection for actors involved in today's mobility solutions, while at the same time making the framework adaptive, providing a solid and resilient framework for future mobility solutions.

Researcher(s)

• Promoter: Verheyen Wouter
• Co-promoter: van Zimmeren Esther

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

This study consists of an evaluation of the opportunities offered by compulsory licensing of patented technologies in case of very expensive medicines. It provides a descriptive and evaluative analysis of the Belgian, European and international legal framework regarding compulsory licensing and regulatory exclusivities and offers a number of recommendations for the Belgian government.

Researcher(s)

• Promoter: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The independence of judicial institutions is one of the most debated issues in the context of the good administration of justice. Scholars have investigated mechanisms and principles fostering the independence of courts and developed sets of "indicators" to assess independence. Despite the vast literature on independence of generalist courts, a fundamental gap exists with respect to specialised courts. Specialised courts face different challenges. In fact, they may be more inclined to make decisions which favour their "mission". Moreover, specialised courts may be more easily influenced by interest groups. This project aims to provide a better understanding of judicial independence in the context of specialised international courts. Desk research will be combined with empirical research in order to identify indicators, mechanisms and guidelines to foster the independence of specialised courts. Additionally, I will provide concrete recommendations to strengthen the independence of the future Brussels International Business Court, Unified Patent Court and Multilateral Investment Court. Although these courts differ with respect to their goals, institutional designs and challenges, they are all subject to intense criticism due to the alleged insufficient guarantees of independence.

Researcher(s)

• Promoter: van Zimmeren Esther
• Fellow: Baldan Federica

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Hoewel ingrijpende Covid-19 lockdownmaatregelen legitiem waren in de eerste maanden van de crisis, begint de roep om strenge maatregelen geleidelijk aan af te nemen. Burgers eisen dat exit-strategieën ontwikkeld worden met voldoende aandacht voor hun sociaaleconomische belangen, terwijl potentiële inbreuken op grondrechten zoals bewegingsvrijheid, privacy en eerlijke mededinging, en rechtsbeginselen zoals gelijkheid en proportionaliteit, leiden tot kritiek en zelfs rechtszaken tegen overheidsmaatregelen. De huidige overheidsstrategieën zijn hoofdzakelijk gebaseerd zijn op epidemiologisch en medisch onderzoek. De toenemende relevantie van sociale en juridische factoren voor exit-strategieën impliceert echter dat nieuwe data en kennis dringend nodig zijn. In het bijzonder is er behoefte aan inzicht in de voorwaarden waaronder Covid-19 overheidsmaatregelen sociaal legitiem en wettig zijn en burgers stimuleren tot naleving. Ons project verhelpt het gebrek aan wetenschappelijke en beleidsrelevante kennis van sociale en juridische factoren van belang bij Covid- 19 exit-strategieën, door middel van een dubbele onderzoekaanpak: 1) drie vignette surveys bestuderen hoe de nalevingsbereidheid en legitimiteit van combinaties van nieuwe Belgische Covid-19 maatregelen worden beïnvloed door framing op onderliggende volksgezondheids-, sociale en juridische belangen, en 2) een systematische juridische analyse genereert inzicht in de wettigheid van nieuwe maatregelen, en dient tevens als essentiële input voor het ontwerp van voornoemde vignette surveys. Door middel van continue communicatie aan overheden van resultaten uit zowel de vignette survey als de juridische analyse, kunnen we reeds gedurende het project beleidsrelevante input leveren voor concrete maatregelen. Daarmee helpen we overheden om geïnformeerde en gebalanceerde beslissingen te nemen over hun exit-strategieën en helpen we gebrekkige naleving van of rechtszaken tegen Covid-19 maatregelen te voorkomen.

Researcher(s)

• Promoter: Popelier Patricia
• Co-promoter: Bursens Peter
• Co-promoter: Declerck Carolyn
• Co-promoter: van Zimmeren Esther
• Co-promoter: Verhoest Koen
• Co-promoter: Walrave Michel

Research team(s)

• Government and Law

Project website

Project type(s)

• Research Project

Abstract

TiGRE provides an encompassing and coherent analytical framework for the study of trust relationships in governance. It studies trust among actors of regulatory regimes, such as regulators, political, administrative and judicial bodies, the regulated industries, service providers and their interest organisations, consumers and other societal interests, as well as citizens at large. TiGRE opens thereby new research directions within the tradition of studies of trust relationships between citizens and public authorities. TiGRE's aim is to reveal the role of trust and distrust in European regulatory governance and the ways trust can be maintained, enhanced, repaired and nurtured via administrative practices and reforms. It takes a multilevel governance approach, which includes the EU level as well as the national and regional ones. Trust – both as a pre-condition and a consequence of well-functioning regulatory regimes – is a key factor to be considered in order to capture how these regimes are able to produce effective and legitimate governance. The in-depth investigation of the complex interplay between trust configurations and regulation in different regulatory regimes (finance, food safety, communication and data protection) across levels of governance and in several countries requires the joint effort of experts with wide-ranging experience. TiGRE is run by a tightly integrated multidisciplinary consortium of top-level scholars, who bring together a very broad range of theoretical, substantial, and methodological skills. A cutting-edge mixed-method approach is applied to provide a comprehensive understanding of such multi-faceted trust-related processes. To bridge research with policy and practice, TiGRE provides criteria, indicators and early warning mechanisms for detecting decreasing trust, and scenarios on consequences thereof. They will be validated through interaction with stakeholders and compared with evidence from outside the EU.

Researcher(s)

• Promoter: Popelier Patricia
• Co-promoter: van Zimmeren Esther
• Co-promoter: Verhoest Koen

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

In recent years, the independence of judicial institutions has represented one of the most debated issues in the context of the good administration of justice. Scholars have investigated mechanisms and principles fostering the independence of courts and developed sets of "indicators" to assess independence. Despite the vast literature on independence of generalist courts, a fundamental gap can be identified with respect to specialised courts. Specialised courts face different challenges than generalist ones. In fact, they may be more inclined to make decisions which favor the "mission" for which they are created. Moreover, specialised courts may - more than other courts - be subject to the influence exerted by interest groups. This project aims to provide a better understanding of judicial independence in the context of specialised courts. Desk research will be complemented by empirical research investigating the projects for the creation of the Brussels International Business Court (BIBC), the Unified Patent Court (UPC) and the Multilateral Investment Court (MIC). Although these courts have different goals, institutional designs and are facing distinct political challenges, they are all subject to intense criticism due to the alleged insufficient guarantees of independence. My final aim is to identify specific indicators and guidelines to asses and foster independence at the BIBC, the UPC and the MIC.

Researcher(s)

• Promoter: van Zimmeren Esther
• Fellow: Baldan Federica

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The 15th Conference of the Parties (COP) to the Convention on Biological Diversity (CBD) will meet in 2021 to negotiate and define the Post-2020 Global Biodiversity Framework (GBF). A critical point of negotiation is the issue of access and benefit-sharing (ABS) from "digital sequence information on genetic resources" (DSI). DSI is essential for life sciences research, including biodiversity, food security, and public health. The current model for DSI is "open-access" which not only enables scientific reproducibility and enforces scientific integrity, it enables global non-monetary benefit sharing, including scientific capacity building in developing countries precisely because everything is open, free, and reusable. Yet this very openness raises questions from some Parties about alleged lost opportunities for benefit-sharing, which are regulated for genetic resources in the Nagoya Protocol. Tension builds because of the divergence between some Parties' desire to maintain control over genetic resources and DSI, and the scientific community's observation that the value of DSI can only be fully realized if the system is as open and comprehensive as possible. This project is aimed at identifying potential compromise solutions for the current stalemate starting from a scientific perspective, while taking into consideration the interests of various stakeholders.

Researcher(s)

• Promoter: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project focuses on the development of tools and practices that relate to cultural heritage, ICT and sustainable local development from the logic of public spaces, places and memory, valuing the main results of the first stage in different contexts and institutions, in order to contribute to its integrated management. The development of heritage information systems and methodologies for intervention in heritage buildings are some of the tools that integrate the project within the wider societal context.

Researcher(s)

• Promoter: Meers Philippe
• Co-promoter: Favero Paolo S H
• Co-promoter: Marquez-Barja Johann
• Co-promoter: van Zimmeren Esther

Research team(s)

• Visual and Digital Cultures Research Center (ViDi)

Project type(s)

• Research Project

Abstract

The professional reality of architects is changing quite radically due to different developments. Contemporary construction projects are more and more often interdisciplinary collaborations. The projects are expected to provide sustainable urban solutions for so-called "wicked problems", such as climate change, mobility, health and the aging society. Addressing wicked problems in construction projects requires expertise from different disciplines. An example of such an interdisciplinary project that relies on close collaboration between various experts is the Dutch 2nd Skin project. This project aims to increase the energy-efficiency of existing structures through the use of modular façade elements that form a second "skin" around the building. The technology is the result of a collaboration between engineers, architects, housing corporations, real estate developers and climatologists. In Belgium the relationship between the architect, the owner and the constructor is typically represented by a "construction triangle", in which the architect takes the lead. However, as complex construction projects are increasingly based on partnerships with a variety of expertise and interests, the dynamics within this traditional construction triangle have shifted over time. This could ultimately lead to a move from the "construction triangle" towards a kind of "expertise network". Although architects continue to play an important role in those interdisciplinary projects, this "new reality" has a significant impact on the way architects are operating. Nonetheless, key components of the Belgian legal framework for architects have not been adapted to this new reality. Moreover, the literature does not systematically address this issue despite the fact that an academic debate has been launched in Belgium to think about the "Architect in the 21st Century". As this legal framework is currently under revision, this is an excellent moment to take into account the new professional reality of architects and to re-evaluate the legal framework. Therefore, the main objective of the current project is to systematically rethink the role of the architect (Architect 2.0) and to re-evaluate the relevant Belgian legal framework in a more fundamental way. In terms of methodology, we employ a comparative legal analysis (i.e. Belgium, the Netherlands and the UK) combined with qualitative empirical research. At the end of the project, an examination will be made whether it is necessary and appropriate to recommend changes to the Belgian legal framework and/or best practices facilitating interdisciplinary collaboration in design and construction processes.

Researcher(s)

• Promoter: De Bois Sigrid
• Co-promoter: van Zimmeren Esther
• Fellow: Nysten Sander

Research team(s)

• Research Group for Urban Development
• Government and Law

Project type(s)

• Research Project

Abstract

The institutional design of the European patent system will soon change significantly once the "Patent Package" will finally fully enter into force. As a consequence a new type of "unitary" patent protection and a new centralized, highly specialized court, the "Unified Patent Court" (hereinafter UPC) will be created. At many occasions, it has been noted that the success of the UPC will largely depend on "public trust" or more specifically the "trust of the patent user community" in the UPC. However, commentators who refer to the importance of trust in this context do not clarify what they mean by "trust", nor do they disentangle the form, causes and potential of trust with respect to such a new, highly specialized court system. The literature on trust within the context of judicial governance is rather limited. Although some research exists on public trust (trust of ordinary citizens) in courts and on trust between courts, we do not know to what extent and how trust based on expertise is relevant for the legitimacy and effectiveness of new judicial organizations in the context of a highly specialized legal regime like patent law. The main objectives of this research project are (1) to provide a stable research base in order to start developing a theory on trust in patent law and (2) to prepare a pilot study for empirical research by way of a survey amongst patent practitioners related to trust in the UPC.

Researcher(s)

• Promoter: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

With a growing world population and increasing climate change threats, farmers need to access a wide diversity of seeds to produce enough food to feed the world: this requires access to the diversity of varieties of both the physical seed and its associated knowledge. Globalization has favoured private ownership over seeds and its associated knowledge, protected by intellectual property rights (e.g. Monsanto), as the main tool to manage seeds and to promote research and development. However, the increase of property rights over plant varieties has led to reduced access to seeds and to major loss of agrobiodiversity, thereby threatening future food security. This project analyses the current legal framework and governance systems related to seed management in light of the theory of the commons. It aims to re-instil the values of sharing, exchange and fairness within these systems. Two case studies (YuanYang rice terraces (China); International Rice Research Institute (IRRI, the Philippines)) are carried out to examine the importance of the role of commons' sharing values in local (YuanYang) and international (IRRI) rice management systems. The overall objective is twofold: (1) contribute to the theory of the commons in the area of food and agriculture governance; (2) improve the existing seed legal framework to enable the international community to reach their food security and sustainable agriculture objectives.

Researcher(s)

• Promoter: van Zimmeren Esther
• Fellow: Frison Christine

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Open innovation (OI) has gained significant popularity in recent decades. It refers to a model for innovation whereby entities increasingly rely on external knowledge and external partners throughout the innovation process. This model has been embraced by numerous companies and its relevance has also been recognized by public institutions. In negotiating R&D partnerships, international partners encounter challenges with contract clauses allocating the ownership of jointly developed technologies due to differences in cultural and legal backgrounds. Many legal systems prescribe a regime of so-called co-ownership – which often requires approval from the co-owners for important decisions in exploiting the technologies (e.g. licensing, selling). Moreover, the detailed ownership rules may differ between countries. This could result in high transaction costs, delays and conflicts. Therefore, in practice international partners tend to "contract out" of the legislative co-ownership rules and set up alternative Intellectual Property (IP) ownership arrangements in their agreements. This research project aims to analyse (1) the differences between the legal frameworks on IP ownership allocation in several countries, (2) the alternative contractual IP ownership arrangements and (3) the extent to which legislators could adjust their legislation and stakeholders could adapt their contractual arrangements in order to facilitate engagement in OI and international collaboration.

Researcher(s)

• Promoter: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

According to recent research, the Belgian legislation no longer matches the architects new professional reality (Uytterhoeven 2016). However, the legal literature on this topic does not take into consideration the way future metropoles are evolving. The literature on urban theory describes the need for cities that respond to complex challenges, so-called 'wicked problems', e.g. mobility, sustainability, housing and safeguarding cultural heritage. The literature and practice show that such problems can only be tackled by way of interdisciplinary collaboration between different experts and participation of all relevant stakeholders - e.g. architects, engineers, urban planners, project developers, scientists, policymakers and citizens (Aravena, 2015; Ratti and Claudel 2015). In our research we use the notion 'Open Metropolitan Design' (OMD) in order to refer to this type of collaboration. The application of OMD in urban development also has some implications for the architect's copyright, in particular for the moral rights. For instance, can architects invoke their moral rights to object to alterations to buildings that they have designed even if that would have negative effects on certain societal interests? This could occur for example when a building would be adapted in order to comply with sustainability requirements. Until now no literature exists on this type of issues. The research team 'Metropolitan Legal Lab' (MLL) - an informal interdisciplinary collaboration established by the promoter and co-promoter of this research application - aims at filling this gap in the literature. A comparative legal research method will be used focusing on the implications of the new professional reality of the architect with respect to his moral rights within the context of OMD. The objective of this research application is to carry out preparatory research on the basis of a systematic literature review, a number of interviews and a comparative legal analysis in view of drafting a research application for external funding. During a recent Research Workshop, organized by MLL and funded by STIMPRO2015, the relevance of these developments and of this new legal line of research concerning urban development was unanimously confirmed.

Researcher(s)

• Promoter: De Bois Sigrid
• Co-promoter: van Zimmeren Esther

Research team(s)

• Research Group for Urban Development

Project type(s)

• Research Project

Abstract

In the Flemish debate on urban planning policy, Transferable Development Rights (TDRs) have recently been suggested as a possible solution for urban planning problems. The underlying principle of TDRs is relatively simple: property rights and development rights of real-estate are being separated and a market for development rights is created. Those development rights can then be traded and transferred to other real-estate owners or developers. Typically a distinction is made between the places where a community would like to see less development, the so-called sending areas, to places where a community would like to see more development, the receiving areas. The sending areas are generally areas where the government would like to achieve certain public policy objectives, such as safeguarding open space or preserving the environment or the rural or historical nature. Although the concept is not new (origins in the US beginning of the 20th Century) and a strong interest exists in Flanders to explore the utility of TDRs, no systematic academic literature or policy studies have been carried out to examine whether TDRs would actually fit within the Flemish/Belgian legal framework or whether this would require a modification of the legal framework. The proposed research project aims at filling this gap by examining to what extent it is necessary and feasible to introduce TDRs into the legal framework to respond to the identified needs and problems of contemporary urban planning.

Researcher(s)

• Promoter: van Zimmeren Esther
• Co-promoter: De Bois Sigrid
• Co-promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The core research revolves around the theme of multilevel governance in the EU. The consortium examines how EU multilevel governance impacts upon public policymaking processes in relation to rule-making and rule-implementation, both at the European and the domestic level. Its research program is centered around three interrelated research lines focusing on the complex multilevel governance system of the EU, changing domestic and EU rule-making processes and the legitimacy of the EU multilevel political system. Multilevel governance in the EU has made the organizational and institutional architecture of government and governance institutions much more interdependent and complex, affecting the way national and European societal interests organize themselves, how they secure representation and provide input in order to influence policy outcomes. These developments interact with changing domestic and European processes and outcomes of rule-making. All this ultimately raises questions concerning the legitimacy of how the EU multilevel political system operates and involves citizens and societal groups.

Researcher(s)

• Promoter: Bursens Peter
• Co-promoter: Beyers Jan
• Co-promoter: De Bièvre Dirk
• Co-promoter: Meeusen Johan
• Co-promoter: Popelier Patricia
• Co-promoter: Van Dooren Wouter
• Co-promoter: van Zimmeren Esther
• Co-promoter: Verhoest Koen

Research team(s)

• Politics & Public Governance

Project type(s)

• Education Project
• Research Project

Abstract

Open innovation (OI) has gained significant popularity in recent decades. It refers to a model for innovation whereby entities increasingly rely on external knowledge and external partners throughout the innovation process. This model has been embraced by numerous companies and its relevance has also been recognized by public institutions. In negotiating R&D partnerships, international partners encounter challenges with contract clauses allocating the ownership of jointly developed technologies due to differences in cultural and legal backgrounds. Many legal systems prescribe a regime of so-called co-ownership – which often requires approval from the co-owners for important decisions in exploiting the technologies (e.g. licensing, selling). Moreover, the detailed ownership rules may differ between countries. This could result in high transaction costs, delays and conflicts. Therefore, in practice international partners tend to "contract out" of the legislative co-ownership rules and set up alternative Intellectual Property (IP) ownership arrangements in their agreements. This research project aims to analyse (1) the differences between the legal frameworks on IP ownership allocation in several countries, (2) the alternative contractual IP ownership arrangements and (3) the extent to which legislators could adjust their legislation and stakeholders could adapt their contractual arrangements in order to facilitate engagement in OI and international collaboration.

Researcher(s)

• Promoter: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project aims the development of a new line of research entitled "Open Metropolitan Design and Intellectual Property Law (IP Law)". Open innovation and "the global city" are key themes for future (international) metropolitan cities. The modalities clash, however, with the fundamental principles of IP law. The literature does noet deal with these challenges. The current proposal aims to provide innovative legal solutions for these challenges.

Researcher(s)

• Promoter: De Bois Sigrid
• Co-promoter: van Zimmeren Esther

Research team(s)

• Research Group for Urban Development

Project type(s)

• Research Project

Abstract

Patent systems are criticized increasingly for failing to respond in a coherent and effective manner to key economic, societal, and political challenges, such as climate change and global health problems. Frequently such criticism eventually leads to a push for fundamental patent reforms, including the establishment of new institutions and regulation. Yet, there is a risk that some of these reforms are not apt for achieving the underlying objectives. In Europe and the US, radical patent reforms are taking place today. In Japan, the patent system was changed significantly a decade ago. In view of the strategic role in stimulating research and development, innovation and competitiveness, which is widely attributed to patents, it is important to examine and compare patent systems, the objectives for patent reforms, reform processes and the institutional changes. Such an examination may provide useful lessons on governance experiments in other jurisdictions. The current project has four main aims. Firstly, to examine how patent governance and patent reform processes can be put on firmer theoretical grounds and can be analyzed within a more advanced conceptual framework. In this respect, it aims to add to the state-of-the-art by elaborating on the available governance literature of public administration, comparative politics and institutional change; secondly, to analyze and compare the European, US and Japanese patent reforms, the patent reform processes and the implementation of the reforms; thirdly, to develop a taxonomy of modes of institutional change and, fourthly, to identify best practices. These aims lead to the following research questions: (1) What are pivotal elements for a conceptual governance framework tailored to the particularities of patent systems? (2) What is the state of affairs ("law in the books" and "law in practice") of the implementation of the European, US and Japanese patent reforms? (3) Can a taxonomy of institutional change be developed on the basis of the comparative analysis under (2)? (4) Are there any particular "best practices" that can be derived from the comparative analysis and taxonomy of institutional change, which could be applied within other jurisdictions?

Researcher(s)

• Promoter: van Zimmeren Esther
• Fellow: Baldan Federica

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

In Europe, the US and Japan, patent reforms have led to a fundamental redesign of the patent system and the creation of new institutions. Significant differences and similarities exist as to the objectives of the reforms, the reform processes and the institutional changes in the three jurisdictions. An in-depth, comparative analysis from a governance perspective will provide important new insights regarding these reforms.

Researcher(s)

• Promoter: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The overall objective of her project is to add to the current state of affairs by elaborating on the available governance literature on globalization, multi-level governance and federalism in order to get a better understanding of the rationale of the European, US and Japanese patent reforms and the actual influence of those patent reforms on the institutional design of the respective patent systems.

Researcher(s)

• Promoter: van Zimmeren Esther
• Fellow: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project represents a formal research agreement between UA and on the other hand the client. UA provides the client research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: van Zimmeren Esther

Research team(s)

• Government and Law

Project type(s)

• Research Project