Portrait of a researcher - archive

Portrait of a researcher: Oskar Mossberg

Oskar Mossberg
Photo: Elisabeth Hoff

At the interface between Law and Rhetoric, Oskar Mossberg investigates Green Promises and Third Party Rights.

Oskar Mossberg is a postdoctoral researcher at the Department of Law, where he is currently working on two projects. One is a monograph about third party contracts. The other explores the potential of incorporating sustainability interests into private law regimes, by analyzing corporate environmental rhetoric as an issue at the boundaries of contract law.

It is becoming increasingly clear that climate change is an issue both real and pressing. However, it has tended to elicit quite different responses, both in academia and in the wider society.

Many companies respond to the climate crisis by adopting a traditional capitalist mindset, adopting approaches aligning with the Machiavellian idea that you should never "waste the opportunities provided by a real crisis". Thus, companies aim to capitalize on the crisis, by promoting their products or themselves as “green" as possible in order to increase market share.

"You could describe my research along those lines, if you want to make it sound as ‘critical’ as possible. It examines corporate green rhetoric and 'greenwashing', i.e. the use of false or misleading environmental claims in marketing", says Oskar Mossberg. Along with rhetorician Erik Bengtson, Oskar is studying the growing phenomenon of ‘green promises’, considering their uses, abuses, and effects, particularly within the energy sector.

Despite the inevitable critical aspects, the goal of the research is not simply to criticize, to cast suspicion, or to shame.

"It is true that there are often grounds for suspicion, and the very accusation of ‘greenwashing’ suggests that the claims in question lack substance", says Oskar Mossberg. "However, our project is focused on the potential constructive effects of green promises: On how they can shape public opinion and guide behavior, and on how they can be given legal effects. Using contract law regimes as a foundation, and drawing on rhetorical theory, allows for the creation of a theoretical framework that can be employed to hold people accountable to their promises, which in the case of green promises can contribute to climate transition."

The interdisciplinary project is based on dialogue between various disciplines and draws inspiration and material from fields such as sociology, philosophy, marketing, as well as law and rhetoric. The scope of the project also extends to various areas of law, including civil law, environmental law, market law, and European Union law.

"This way of working certainly presents its challenges, and it is easy to make mistakes outside your own field of expertise. However, we have had invaluable support from our departments and networks, as well as from CIRCUS, Uppsala University's platform for interdisciplinary cultural and social research. And by continually presenting to researchers in other fields, not only do we improve the quality of our results, but we also ensure that the work is of interest to a wider audience."

In addition to his research on corporate green rhetoric, Oskar is also exploring the possibilities of benefitting from other people´s agreements. Building on his previous research and in continuing dialogue with international, particularly Nordic, discussions, he is currently writing a monograph on Third Party Contracts.

"This subject brings many fundamental theoretical questions to the forefront and highlights how different theoretical perspectives and frameworks can shape the outcome of actual cases, ultimately impacting people's lives. As the subject is still relatively under-theorized (the last Swedish monograph on the topic was published in 1908 and primarily focused on German law!), there is also a lot of work to be done. It is a fascinating area to explore."

David Langlet - "I’m driven by curiosity"

David Langlet is Professor of
Environmental Law at the
Department of Law at Uppsala
Photograph: Mikael Wallerstedt

How can legislation be connected to climate targets? David Langlet, Professor of Environmental Law at Uppsala University, examines the dynamics between society's values ​​and its legislation.

The world is in the midst of a raging climate crisis that requires decisive action. However, established climate targets and ambitions sometimes clash with national, international and subnational legislation. This is where researchers like David Langlet, Professor of Environmental Law at the Department of Law at Uppsala University, come into the picture.

“Much of my research has been about the dynamics between these spheres. Law always exists in a broader context that has nothing to do with the environment, such as property rights legislation, which can sometimes make it difficult to steer areas such as fishing or forestry in a more environmentally friendly direction. It can also be the case that EU-level procurement rules lead to options being favoured that would preferably not be favoured in a specific case. This means laws that have nothing to do with the environment, but which nevertheless affect the scope for action in that area, thus making environmental law difficult to master,” explains Langlet.

One issue he is working on a lot right now is the need for reform in fisheries management. Currently, says Langlet, the rules for how we fish do not take into account how biomass and species composition in the sea can produce climate benefits, even though the research shows great potential.

“We therefore think that the fisheries management system needs to be reformed and that climate considerations need to be integrated – something we wrote about in a scientific article in Frontiers in Marine Science last spring.”

“Law is a governing instrument that is an extension of politics, and it can be a tool for shifting behaviours and creating incentives for change. But it also has the potential to contribute to both a sustainable and an unsustainable society, depending on what values, morals and thought structures that society has,” he says.

In addition to his own research, Langlet is involved in several other projects. He produces the ‘Miljön och Juridiken’ (Environment and Law) podcast together with Aron Westholm, who holds a doctorate in public law from the University of Gothenburg, and is also involved in CeCar, the Center for Collective Action Research, where interdisciplinary research is conducted into the conditions for large-scale collective collaborations on various societal challenges, such as climate change, the spread of disease and deforestation.

“At the center we examine which aspects promote or discourage collective action on a large scale, and how economics, political science and every imaginable field can be linked to law,” notes Langlet.

He is also one of the figures behind an environmental law conference that was held in September in Stockholm. This is a follow-up of the ‘Stockholm 50+’ environmental conference held in June to boost global environmental and climate cooperation and celebrate the 50th anniversary of the last environmental conference held in Stockholm in 1972. Leading researchers from all over the world have been invited in to speak.

“The 1972 environmental conference is now seen as the starting point for international environmental law as a subject area, and after this year's meeting we wanted to do something of our own from an environmental law perspective. The talks given by the invited researchers was based on this 50-year timespan, that is: where we were then and where we are now, and what we have learned in the meantime from an international environmental law perspective,” adds Langlet.

What drives you in your research?
“I would probably say I am driven by curiosity. What we do is exciting and the exchange of views between us researchers is intellectually stimulating. And we ultimately want to contribute to a good society. When politicians are setting objectives, science can be involved and make a contribution, partly through providing scenarios and partly through an understanding of how the desired change can be achieved in a complex system.”

There are many challenges in his work. Mainly because the environment and sustainability are so complex and multifaceted and touch so many areas of society at the same time – something which, Langlet believes, makes it pointless to talk about it as a single topic. This can often be frustrating, of course, but it is to some extent part of the package.

“The best thing about my job is probably when you sit with a group of researchers from completely different disciplines and perspectives and argue about an issue, because this gives you an insight and your perceptions are challenged and enriched. It's really intellectually stimulating!”

David Langlet´s hope is that scientific and social scientific expertise will be able to be integrated into legal regulations and thus able to support sustainability measures. Photo: Mikael Wallerstedt

Elisabeth Rynning is captivated by the breadth and importance of the legal field for the major issues of human dignity, life and death

Elisabeth Rynning
Photograf: Charlotte Carlberg Barg 

Elisabeth Rynning is a Visiting professor of Medical Law at the Department of Law at Uppsala University. Her task is primarily to strengthen the research environment in Medical Law, the subject in which she was previously a Professor between the years 2003 - 2012.

Elisabeth's research in Medical Law began with a thesis work in Public Law, with a leave of absence from the Administrative Court of Appeal in Stockholm. It is almost thirty years since she defended her thesis on the study Consent to medical care and treatment. There, she examined the legal requirements for information and consent in health care, different types of legal liability that can occur if the requirements are not met and how those patients who do not themselves have the ability to give consent have their interests met. Unfortunately, the protection of patients' rights turned out to be rather poor, despite fine declaratory provisions.

- I was captivated by the breadth and importance of this legal field for the major issues of human dignity, life and death – which affect us all – while it had attracted very little attention in legal research. Medical Law extends into many of the more traditional areas of law and also has International Law and EU Law aspects, she says.

It became a fairly easy choice for Elisabeth not to return to her career in the judiciary but to proceed with the research. There she continued to take an interest in various issues of privacy and self-determination in health care and research, as well as the use of genetic engineering, information technology etc.

- Early on, I found that I enjoyed comparative approaches and collaboration with colleagues in other countries, and therefore participated in many international projects and started the Nordic Network for Research in Biomedical Law. As a strategic initiative at Uppsala University, the first Nordic chair in Medical Law was established in 2003, in a collaboration between the Faculty of Law and the Faculty of Medicine and Pharmacy.

It was ten exciting years as a professor, with many rewarding collaborations, enjoyable projects and fantastically talented doctoral students.

- Of course, I would like to believe that the research of my doctoral students and myself has contributed to drawing attention to and strengthening the rule of law and protection of individuals in healthcare and research, both through our legal science publications and through our participation in education and legislative work in various ways. However, there is still much to be done and some issues have proved surprisingly difficult for the legislature to resolve, including that of decision-making for patients with reduced capacity. At the same time, medical and technological developments are constantly raising new questions.

When Elisabeth came back to the faculty in January, she had been away from academia for almost ten years. In 2012, she became a justice of the Supreme Administrative Court and four years later Chief Parliamentary Ombudsman of Sweden.  These were fantastically fun, stimulating and educational assignments, where there have also been opportunities to influence the legal development in my special areas of interest, to some extent, says Elisabeth.

When Elisabeth chose to retire from her full-time job last autumn, she found it a little early to completely let go of her professional life. In addition to the part-time position as a visiting professor, she has, among other things, the assignment as chairman of the board of Sweden's newly formed national human rights institution, the Institute for Human Rights (https://mrinstitutet.se/).

- It's still fun to do new things, but also to return to your old areas of interest! Here in Uppsala, we have started a series of higher seminars in Medical Law and I am also taking part – in a small way – in the faculty's VR project on decision-making for children in medical treatment with uncertain results, concludes Elisabeth.

In his latest research, Jonatan Schytzer starts with a high-profile environmental problem  

Jonatan Schytzer

Jonatan Schytzer is a new senior lecturer in civil law at the Faculty of Law and was named Teacher of the Year 2021 by the law students. He defended his award-winning dissertation, The Origin of Claims in Insolvency Law in February 2021 and in April 2022 began his new research project "The Environment in Bankruptcy", which the Torsten Söderberg Foundation has funded.

- In my new project, I am starting with a societal problem, namely that in recent years we have repeatedly been made aware in the media of how criminal actors have shot themselves at the expense of the environment. The criminal gangs are committed to taking care of waste, but instead of complying with current regulations, black mass from ground batteries has been buried in fields outside Kumla, toxic waste has been evicted near water sources on the shores of Lake Mälaren and waste has been handled so poorly that hard-to-extinguish fires have broken out at waste facilities in southern Stockholm and in Småland. Poison masses have become a commodity in the underworld. We can talk about waste gangsters, says Jonathan!

There is an extensive regulatory framework on how, among other things, waste should be taken care of. The rules are based on the polluter paying, but in the vast majority of the cases mentioned, there is no money in the criminals or in the activities they carry out. The companies have been declared bankrupt, which in the long run short-circuits the environmental legal system based on the fact that it is the polluter who must pay. In these cases, there is a lack of sufficient funds to remediate the environment. One could thus say that the environment has been declared bankrupt.

​How this social problem is to be solved is something I will research in the project, says Jonatan. Specifically, I will examine three issues, namely:

  1. Under what legal conditions are environmental claims in a bankruptcy reimbursed?
  2. Under what legal conditions should environmental claims be replaced in bankruptcy and how can bankruptcy law be changed to reduce the risk of situations arising when polluters cannot pay?
  3. What changes at the principle level can be implemented by the justice system to reduce the risk of situations when polluters cannot pay arise?

The latter two questions are of a de lege ferenda nature, that is, they are about how the right should be, rather than what the right is like. In this part, it is important to get inspiration from other areas of law and legal orders. At this stage of the project, Jonathan has presented the project in Dublin at the INSOL Europe Academic Conference and received many good views from researchers from different countries in Europe that he will continue to work.

- I have also been in contact with researchers in Canada and received information on how to solve these issues, as well as discussed the project in Bergen. On June 3 -22, I will present the project at the Stockholm Centre for Commercial Law at Stockholm University. Then the former president of the Supreme Court, Stefan Lindskog, will be the commentator and I am convinced that I will get many good inputs. On June 8, I will also present the project, but then in the home environment, that is, at the Faculty of Law in Uppsala.

- After the dissertation, I have also had a collaboration with JUR. Mikael Ek, who has a PhD at the Faculty of Law in Uppsala but who is now active at the University of Gävle.We have examined the technically difficult issues of the status of VAT claims in bankruptcy. And we are now working on an article on the status of VAT claims in corporate reconstruction. These are important questions, among other things, because the Swedish Tax Agency has come up with new positions that have made the public chord in a company reconstruction up to 60% more expensive. This makes a company reconstruction impossible in many cases, concludes Jonatan.

Steffen Hindelang conducts research in Public International Law, EU Law and German Constitutional and Administrative Law

Steffen Hindelang

Professor of International Investment and Trade Law Steffen Hindelangs current research falls roughly into three areas: public international law, EU law, and German constitutional and administrative law. 

In public international and EU law, Steffen has placed a focus on the regulation of economic activities, especially the protection of foreign investment, the arbitration of investment disputes, and the interaction of international and EU law. In administrative law, he deals with foreign trade law and dual-use goods in a doctrinal fashion. In constitutional law, Steffen has worked in particular on questions relating to the freedom of speech in the digital age.

In international investment law, Steffen takes particular interest in international investment law’s interplay with its adjacent and connected areas such as EU law. He also finds an interdisciplinary embedment of his research useful, in particular in the scientific findings of economic science and political economy. 

When it comes to international investment law’s relation to other areas of public international law, he works towards a stronger re-integration of the former into the larger body of public international law. 

Findings of arbitral tribunals charged to decide a specific dispute between a foreign investor and its host state based on an investment protection treaty, praised by some as “innovative” or “developments in public international law which are long overdue”, can at the same time be described as challenging some of the fundamentals of public international law. 

“For example, investment tribunals claim to advance ‘consistency’ in international investment law by way of ‘de facto precedent’ and similar concepts, i.e. relying on previous rulings by arbitral tribunals for interpreting an investment instrument. Attractive as it may be at first glance, such concepts seem highly problematic when sidestepping the binding methodology of interpretation in public international law, something more frequently observed. By abandoning the methodology of interpretation enshrined in the Vienna Convention on the Law of Treaties, the tribunals free themselves from the bonds of their masters: the state parties to an investment treaty”, Steffen says and continues:

“In my research, I seek not only to put forward sound constructions of the relevant rules and principles of international investment law but also to reveal the consequences of a given interpretation in terms of relative power, which is attributed to a certain actor by a certain interpretation.”

In a monographic study on Investor-State Dispute Settlement, prepared for the European Parliament, Steffen described what he means by this approach and sketches key issues linked with current investment arbitration practice, such as challenges to the Vienna rules on treaty interpretation, or the rules on state responsibility and a consequential weakening of the position of the contracting State parties to an investment agreement vis-à-vis the investor.

This aside, Steffen is particularly interested in exploring the cross-sections and incompatibilities of international investment law and EU Law. This brings the so-called concept of autonomy of EU law and its impact on international investment arbitration into the picture, something that is hotly debated. In the Achmea judgment, the Court of Justice of the European Union (CJEU) concludes that investor-State dispute settlement in an intra-EU context is incompatible with EU law, in particular with the principle of autonomy. That principle can be said to serve the self-assertion of EU law, both, towards domestic and international law. 

However, the story to be told about the principle of autonomy will not come to a close any time soon, Belgium has just requested a CJEU Opinion on the revised Draft Energy Charter Treaty.

Turning to public law, over the course of the last five years or so, Steffen broadened his research base, acquiring some interdisciplinary expertise in the fields of media and communication studies, political theory, and the regulation of free speech by law and technology. In 2019, he published his findings in a monograph with Springer titled “Freiheit und Kommunikation” (Hindelang, Steffen, Springer, 2019).

“The book suggests answers to how constitutional protection of free public discourse can succeed in the age of Facebook and fake news. It examines how the constitution responds to a mass media discourse that is no longer organized only by broadcasting and the press of the classical type, but also by a multitude of individuals”, Steffen explains. 

The prevailing constitutional dogmatic concept of protection of mass communication in the German constitutional law is still modeled to the realities of a one-to-many communication and favors old mass media. This “surrogate model of freedom” cannot adequately account for real-world changes.

“Today, individuals must be protected not only from but also in their mass media power. Based on insights from communication science, a constitutional understanding is developed that puts the individual back at the center of a free mass media discourse.”

Future Research

Turning from ongoing research to potential new projects, Steffen observes a liberal, market-oriented, rule-based international economic order that is increasingly under pressure. Major players, such as the United States and China, are shifting from cooperation to protectionism. 

“The European Union’s open-door policy is up for question. In the course of the measures adopted to combat the various fall-outs due to the COVID-19 pandemic, the EU launched a comprehensive trade policy review, where protectionists and free-traders make their case.” 

However, in addition to the pandemic, there are three big challenges which no camp can afford to ignore. First, the multilateral trading system, i.e. the WTO, once a useful forum to settle disputes over the direction of trade policy, has come under strain. Second, domestic pressure on governments has increased, in particular in high-income countries, to account more prominently for non-commercial concerns: from climate change, over social justice, to national security. And, third, Brexit weakened the camp free traders in the EU.

“For the EU the choice is not easy: Walling off, retaliating reciprocally, or keeping the doors open to the world – that is the question”, concludes Steffen Hindelang. 

As one of the Directors and founders, Steffen Hindelang is involved in the CELIS Institute, which functions as a hub for desk research, information, and intelligence as well as knowledge transfer in the area of foreign investment. One of its main aims is to study and to further the development of an emerging Common European Law on Investment Screening- in short,”CELIS".

Another project in which Steffen is involved is YSEC: the Yearbook of Socio-Economic Constitutions. The broad theme of the Yearbook series revolves around the constitutional frameworks for economic activities and their interaction with the social sphere.

Katja de Vries conducts research in legal informatics and our coexistence with Artificial Intelligence (AI)

Katja de Vries

The Ragnar Söderberg Foundation has awarded research support and an associate senior lectureship in public law (2020-24) to Katja de Vries, who will now begin work at the Department of Law. Her research focuses on legal informatics and our coexistence with Artificial Intelligence (AI). Over the next four years, Katja de Vries will explore the implications of creating AI within the framework of European law, touching upon cybercrime, intellectual property, data protection and freedom of expression.

Katja de Vries has an exciting background. She studied three Master’s programmes simultaneously at Leiden University (Netherlands) in civil law, cognitive psychology and philosophy. As well as this, she supplemented her education with a law degree from Oxford University. This coincided with the start of the big data era, and the growth of questions regarding how to handle big data and manage the information in a legally correct manner. Whilst Katja was studying cognitive psychology, she developed a great interest in statistics. This led her to a doctoral thesis in legal informatics, with the title: “Machine learning/informational fundamental rights. Making of sameness and difference” (de Vries, 2016). Since then, Katja de Vries has researched the legal and social implications of AI and machine learning on integrity, data protection and discrimination.

One of Katja’s research topics is the General Data Protection Regulation (GDPR), that entered into force in 2018 and regulates how personal information is processed within the EU. We asked Katja what she finds so exciting about GDPR research.

GDPR addresses a very important dilemma - how can we utilise the financial and social worth of personal data without ending up in a digital panopticon, in which our every move is assessed by the state and major corporations? This problem has become highly topical during the Corona virus pandemic; various apps are being developed to monitor the spread of the virus, which raises ethical, political and legal problems. Who do we trust the most? Major corporations? Public authorities? The state? It is easy to see GDPR as a major bureaucratic hurdle that leads to great frustration in everyday life. Personal data is everywhere, constantly. Meeting all the requirements of GDPR takes time and energy. I too, can get frustrated when I can’t just take a picture of activities at my child’s preschool, or when I need to continually consent to my personal data being processed. Researchers, companies or public authorities might feel restricted by having to meet GDPR requirements. So there’s no wonder that many try to circumvent GDPR regulations by anonymising personal data. It’s always exciting when legislation meets with reality – the significance of the law is challenged. A law may seem simple on paper, but then some new technology is developed that the legislator had not foreseen, or clever tricks are devised to avoid the rules. This in turn raises difficult, almost philosophical questions.

One good example is the anonymisation of personal data. Whether information has been sufficiently anonymised to fall outside the scope of GDPR is not always obvious. Even if something does not appear to be clearly linked to an identifiable person, GDPR still applies if it is possible to re-identify a person after a little detective work. Many major corporations and public authorities push the limits to be able to retain as much information as possible, without the data being classified as personal. Part of my research examines how AI and machine learning has become a tool for improving anonymisation.

Over the next four years, you’ll be examining the legal implications of creative AI – tell us more!

Until recently, AI and machine learning were mostly used to classify and assort people, objects, transactions or cells within medicine (classifying AI). Creative AI (generative AI) gives us the opportunity to create synthetic data, and compose convincing new variations of existing patterns (“deepfakes”), such as anonymised data, faces that don’t exist, false videos, new artworks – all of which create new perspectives and challenges... and a new focus for me!

How does creative AI link with criminal justice?

Creative AI poses a challenge to several legal areas, such as criminal law if fraudulent materials are used against a person. A lot of attention has focused on how creative AI can facilitate the creation of fake news, and undermine democracy. However, the danger to private lives is probably greater than to democracy. Journalists or other organisations invest resources in verifying news – but who will protect an individual being blackmailed or bullied via social media? Here, there’s less protection. The question is, when does the publication of synthetic image material constitute slander or insult?

How does creative AI link with intellectual property?

Generative AI will affect intellectual property, as both the data entered into systems to train models and the output of new data from a system needs to be protected. As regards training data, the EU has adopted a new copyright directive, that gives new opportunities for text and data mining to train AI models within research. As for the new synthetic data produced by creative AI – its status is not entirely clear. There are major financial implications, for example within medicine and the development of new pharmaceuticals, or within the arts.

How is creative AI best regulated from a societal perspective?

Creative AI and synthetic data can be applied to so many areas, so it is difficult to give a straight answer. Perhaps one way would be to regulate synthetic output in the form of copyright or patents, for example, to protect and encourage innovation, however it needs to be evaluated based on its specific usage.

You hear a lot about how automated decision making can lack transparency, and make discriminatory decisions. Is there a way to use synthetic data to make classifying AI systems fairer and more transparent?

This is something that’s part of my research – it looks rather promising! Bias may be created with classifying AI if the system is fed with information that under-represents specific categories during the its learning process. Using more variable, synthetic data as input data could be one way to reduce bias by creating a more representative learning process. It could also be possible to use synthetic data to create transparency in algorithm-based decision making. Synthesised data can serve as a counter-factual, parallel history. It can show us what needs to be changed, in order for the system to have made a different decision.

Creative AI can be used in several areas, and has implications in different areas of the law. This doesn’t scare Katja de Vries. If anything, the opposite is true. She is used to talking to laypeople. She has collaborated in several interdisciplinary projects, and will continue to do so. She is currently researching with an artist, and also hopes to work with medical data. Some people involved with generative AI talk about machine creativity and machine imagination. She believes that just as creative AI changes reality, more or less depending on the parameters used, and in a world where an image is no longer proof, we also need to change the way we view data and information.

To learn more about “deepfakes” and generative AI, read de Vries (2020).

de Vries E. 2016. Machine learning/informational fundamental rights. Making of sameness and difference. Vrije Universiteit Brussel.

de Vries K. (2020): You never fake alone. Creative AI in action, Information, Communication & Society, DOI: 10.1080/1369118X.2020.1754877. https://doi.org/10.1080/1369118X.2020.1754877

Mosa Sayed examines informal administration of justiceegal 

Mosa Sayed

As Doctor of private international law, Mosa Sayed researches in the field of “Law and Conflicting Values” and has focused on the legal challenges facing Sweden after its transformation in recent decades to an increasingly multireligious and multicultural society.   

This transformation has brought untested questions and tensions at the judicial level, not least for the courts and authorities that are faced with foreign traditions and ways of life.

Mosa Sayed’s research explores the formal and informal judicial functions of religious organisations, and aims to both identify and analyse the consequences of the use of alternative dispute resolution mechanisms (so-called informal dispute resolution) in religious organisations, among groups that identify themselves on religious grounds.

- Like many other Western countries, Sweden may appropriately be defined as multicultural and normatively pluralistic as regard the population’s cultural, religious and ethnic composition, which is due not only to the immigration of recent decades, but also to historical reasons owing to its national minorities,” explains Mosa Sayed.

The recognition of this societal fact in the field of law, raises questions connected to the possibilities of accommodating minority values that do not conform to state law reflecting majority values.

Mosa studies some of the issues associated with normatively pluralistic societies, with a basis in the practice of informal dispute resolution in Sweden and the United Kingdom among certain ethnic and religious minority groups such as Jews, Muslims and Roma.

- Alternative dispute resolution mechanisms or informal systems for dispute resolution refer to procedures that are not sanctioned by state law relied upon by minority groups in internal conflicts,” says Mosa. “Among groups who identify themselves on religious grounds, the group’s religious institutions play a central role when it comes to internal dispute resolution.”

Examples of such institutions are Muslim mosques and denominations in Sweden and Sharia Councils in the United Kingdom. The Jewish institution for dispute resolution, Beit Din, an assembly comprised of rabbis versed in the sacred Scriptures, has a similar function in Sweden and the United Kingdom. The Roma court for internal conflict is called Kris.

Although resolutions within the informal systems are not binding for state authorities, they raise many legal challenges connected to the plurality of norms in contemporary multicultural Western societies and raise questions on fundamental human rights, such as issues of equality between societal groups and equality among individuals within groups.

The informal system for dispute resolution also causes problems in procedural and civil law. The use of informal administration of justice outside the state§ sanctioned legal system also gives cause to ponder the meaning of “law and justice” when certain minority groups in conflict give precedence to their “unofficial law” over state law.

- Can the informal system ensure a right to a fair trial” asks Mosa. “How great are the differences between the national family laws and the norms used in the informal system.”

When minorities use religious, cultural or ethnic norm systems that do not uphold fundamental values in the state-sanctioned law, a situation arises of competing norm systems. This in turn raises larger questions on the possibilities to build solidarity, national identity, social coexistence and unity in normatively fragmented communities.

This competitive situation also threatens the state’s monopoly on the administration of justice and can place certain subgroups within minority groups – usually children and women – in vulnerable legal positions.

At the same time, there is reason to reflect on an even greater question of what it means to be a citizen in Sweden and the complexity associated with the concept of citizenship when minorities exercise a range of communal affiliations or do not want to share legal systems, concludes Mosa Sayed.

 The of principle of public access to official records and the laws of war –  two research interests for Inger Österdahl

Inger Österdahl

Inger Österdahl, professor of public international law, pursues research encompassing several fields where the drawing of borders has become more complex in an ever more international arena with new digital modes of communication.

Developments and transformations in public international law fascinate Professor Inger Österdahl. Public international law has gone from being a legal system involving states to something that permeates more and more of national law.

At the same time the distinction between international and national is gradually being dissolved. Laws are created internationally, and countries have to subsequently adapt them to their respective national legislation, as best they can.

– Territorial boundaries are becoming less important as legal delimiters. In this dramatically and rapidly changing international landscape, I am currently interested in two things. One of these research interests is the wellbeing of the principle of public access to official documents, says Inger Österdahl, who has been granted a so-called programme professorship for the 2013-2016 period to focus on this principle of public access.

The importance of the principle of public access to official documents hardly needs to be defended in a Swedish context. However, when this principle of public access encounters EU law, a great deal of persuasive argumentation is need for Sweden to be able to retain its high degree of openness in the face of stronger protections for private life and more secrecy in public administration in general. Even at home privacy problems arise when the new information technology enables (ab)uses of the principle of public access that far exceed the old days of “paper”.

– The internationalisation of public administration is also causing previously national issues to wind up in the domains of diplomacy and foreign secrecy, says Inger Österdahl, who goes on:

– There were fears regarding the effects on the principle of public access when Sweden joined the EU, and I am now investigating to what extent these fears were justified.

In September 2014, together with her colleagues Professor Jane Reichel and Associate Professor Anna-Sara Lind at the Faculty of Law, Inger Österdahl is arranging an international workshop for specially invited researchers on the theme of “Freedom of Speech, the Internet, Privacy and Democracy”.

The second interest reflected in Inger Österdahl’s research has to do with the laws of war and how international peacekeeping forces fit into a legal system that was created for traditional national armies. Do peacekeeping troops act under or outside of the laws of war?

For example, what happens if peacekeeping forces become involved in outright battles, which is becoming more and more common?

– What legal status do “peacekeeping” but actively fighting troops have? Are peacekeeping forces parties to the conflict? On whose behalf – the UN’s? Are the countries that provide the troops for peacekeeping missions parties to a conflict that might arise? It is not unusual for peacekeeping forces to commit various kinds of injustices and thereby violate the laws of war during their mission, but how, where and by whom should they be held accountable, wonders Inger Österdahl.

The demand for peacekeeping missions is steadily rising, and the situations in which peacekeeping troops are supposed to serve seem to be ever more complicated.

– Sometimes legal issues may seem technical, but they are often highly charged politically, which makes them controversial and intriguing, concludes Inger Österdahl.

Photo: Tobias Björkgren /
Ragnar Söderbergs stiftelse

As doctor in environmental law, Yaffa Epstein focuses on developing methods for interdisciplinary collaboration between natural and legal scientists. Terms and concepts rooted in the natural sciences permeate the law.

This is especially true in “new” legal fields like environmental and medical law, but is also true in many “classic” fields such as tort law, in which, for example, scientific expertise is often needed to determine risk or fault. Differing interpretations of these terms and concepts in different disciplines affect decision making and make it difficult to ascertain whether the law is being complied with. When scientific concepts are made part of the law, reference to the natural sciences is often necessary in order to properly understand or apply the law. When judges or other decision makers misunderstand or misuse natural science, the laws’ ability to achieve legislative goals may be hindered.

“Disagreement with scientists does not always mean that jurists are incorrect however. In other cases, decision makers must interpret terms that have different meanings in law and science, or must choose between differing scientific interpretations. How the decision maker understands these scientific ideas determines whether a species may be hunted, whether a food product can be sold, or whether a production technique will be allowed to continue”, explains Yaffa Epstein.

Yaffa often works with natural scientists to analyze scientific concepts used in EU laws. Another area in which she applies her interdisciplinary methods is the relatively recent jurisprudential development of rights of nature. One of the most surprising legal developments of the last decade has been the recognition of rights for nature. In just a few years, the idea of endowing nature with rights or legal personhood has gone from absurd to reality in a growing number of jurisdictions. These new rights have led to some judicial wins for nature protection, but thus far have not yielded impressive results.

“It is yet unclear whether this legal trend as reflected in Ecuador, Bolivia, Colombia, New Zealand, parts of the United States, India, Mexico and even France (in its New Caledonian territory) is the beginning of a new global rights paradigm, or a passing fad that will soon be forgotten”, continues Yaffa.

In a recent perspective article published in Science, “A Rights Revolution for Nature: Introduction of Legal Rights for Nature Could Protect Natural Systems from Destruction”, she and two ecologist colleagues argue that if these laws and new legal ideas are to succeed and indeed continue, they must be well grounded in legal theory and ecology. They identify some areas of inquiry for which legal-ecological analysis could support the implementation of legal rights for nature, including:

How is the rights bearer defined? How to define “nature” is a long-debated philosophical and scientific question. Natural entities for which legal rights have been recognized in some jurisdiction include Mother Earth, nature, species, natural communities, ecosystems, rivers, glaciers and waterfalls. Each of these types of entity comes with its own definitional challenges—for example, how far does a river extend, does it include tributaries, river bed, catchment, rain water etc. While some natural entities, such as species, may be easier to define scientifically, others such as “Mother Earth” may fit more easily within certain individual legal systems.

What rights does nature have? Rights for nature that have been recognized or suggested include legal personhood and procedural rights, representation, property rights, the right to life, diversity of life, clean air, evolutionary capacity, protection and restoration. Natural science expertise is again required to understand many of these rights, for example to interpret what a right to evolutionary process entails.

How are nature’s rights enforced? In some systems, the natural entity is appointed a guardian or representative, in some the public is allowed to bring litigation on nature’s behalf, and in others it may still be unclear how nature’s rights could be vindicated. Nature cannot assert its own rights before a court, but natural scientists can help determine when rights are violated and how they can be remedied.

“However these questions are resolved in various legal systems, the effectiveness of rights of nature will depend to a large extent on those systems’ ability to integrate ecological knowledge. I hope that by highlighting these open questions in implementing legal rights for nature for a broad audience of natural scientists, my research will lead to further interdisciplinary scholarly examination of whether a rights framework is an appropriate means for protecting the environment, and if so how these rights can be effectively realized”, concludes Yaffa Epstein.

Rebecca Thorburn Stern 

Rebecca Thorburn Stern

Rebecca Thorburn Stern is senior lecturer and associate professor in international law. Her research primarily deals with human rights, especially the Human rights of children, Migration Law and the relationship and interaction between International and National Law. She is one of the founders and a member of the steering group of the Gothenburg, Lund and Uppsala Migration Law Network (GL/UMIN).

We asked Rebecca Thorburn Stern why we need to define something as self-evident as human rights.

The idea that people have rights of various kinds has deep historical roots. A view of all humans as rights bearers is an extension of the idea that all people are of equal worth, something that is central to an open democratic society. Although this might make human rights seem like something obvious in many countries, at least in theory, time and time again the idea of rights for various groups and categories – children, women, ethnic minorities and migrants for example – is called into question. It is important to emphasise that it is not simply a matter of theoretical rights: it must be possible to demand rights in practice and be protected by binding legislation. Defining what human rights are is therefore a matter of both identifying the responsibilities of the state to those over whom it has jurisdiction and of ensuring that people know what their rights are so that they can demand them.

What is the situation for people living in a country of which they are not a citizen or who may even be stateless?

Human rights apply to everyone, regardless of whether they the citizen of a state or stateless; in other words, without any citizenship. As legal protection is designed – for example, in the Universal Declaration of Human Rights and the European Convention on Human Rights – the state has a responsibility to protect and provide rights to all people under the state’s jurisdiction; i.e., in the geographical area within which the state has authority. With a few exceptions such as political rights, rights are not linked to citizenship. At the same time, the state is the guarantor of individual human rights and so, if you find yourself in a state where you are not a citizen – where your connection to the state is weaker – you may find yourself in a vulnerable position. This becomes particularly clear for groups that the state might prefer not to have within its jurisdiction, such as irregular migrants or poor citizens of another state. The argument may then be that their homeland should take responsibility for them. For the stateless, i.e., those without any citizenship, there is no such state to bear the ultimate responsibility. It is no coincidence that groups that are marginalised and persecuted often have their citizenship of their homeland questioned or even revoked.

Why is it important to discuss human rights in Sweden today?

Because human rights must be constantly anchored, developed and defended. The idea that all people are of equal worth and equal before the law is a cornerstone of our society. As I said, this does not mean that it is not questioned – something that not least we are seeing in various ways today. Furthermore, it is often said that a society is no better than how it treats its weakest and most vulnerable members, Not least by defending the idea of equal rights and equal worth for all no matter who they are.

Which projects touching on human rights and migration are you currently involved in?

Among other things I am working on two projects that deal with the human rights of children; one on the importance of incorporating the UN Convention on the Rights of the Child into the treatment of refugee children and the other on age discrimination against children, the latter in collaboration with colleagues in Stockholm and Liverpool. Both projects are funded by the Ragnar Söderberg Foundation. I am also working on a number of smaller projects dealing with how the courts are applying changes to migration law and how medical reasons are assessed in an asylum context. We have also recently started an interdisciplinary research network on the theme of migration as a legal and political process with the support of the Centre for Integrated Research on Culture and Society (CIRCUS) at Uppsala University. In terms of education, I am course director for an advanced course on human rights, democracy and migration and I am also involved in the Human Rights Clinic at our faculty.

Last modified: 2023-09-13