vibe ulfbeck - Academia.edu (original) (raw)
Papers by vibe ulfbeck
University of Copenhagen, Apr 30, 2020
Resources, Conservation and Recycling
Online platforms create legal systems that can best be described as private governance systems. B... more Online platforms create legal systems that can best be described as private governance systems. By private governance we refer to the fact that a private actor can take on the roles as regulator, implementer and dispute resolution body, thereby mirroring the classical roles of the state and potentially replacing state governance with an alternative, private legal order. As an example, the Airbnb platform (www.airbnb.com) regulates the rights and duties between users of the platform (hosts and guests), it implements these rights and duties by facilitating supervision mechanisms such as ratings and reviews, and it provides dispute resolution mechanisms for the users. The increasing societal role and impact of online platforms makes it pertinent to consider to what extent these private governance systems can safeguard the public values and interests which state legal orders seek to promote and protect. In this article, we use the concept of private governance to make a case study of th...
Studies in National Governance and Emerging Technologies, 2023
European Review of Private Law
Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a... more Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a product’s defectiveness. This central notion of the Directive has however long been the source of debate regarding the extent to which it is grounded in a solely safetybased approach, or whether a risk-benefit approach may be admitted. The defectiveness concept is now subject to a growing body of case law. This article examines how the courts in a selection of Member States (MS) approach the notion of defect and take account of riskbenefit considerations in determining whether a product is defective. It aims, first, at lowering the level of complexity which was added to the definition of defect in theDirective by the discretion given to national courts on the applicable standard of liability. Second, it means to show the real level and scope of harmonization of the product liability law in the EU by revealing differences that still exist in the interpretation of seemingly harmonized law...
European Journal of Risk Regulation
This article examines the extent to which tort law can be used to incentivise the creation of the... more This article examines the extent to which tort law can be used to incentivise the creation of the circular value chain and the design of products that live up to the requirements of the circular economy. In doing so, this article focuses in particular on the concepts of product liability and value chain liability. It shows that whereas the product liability framework has clearly been thought out to fit the linear value chain, central product liability concepts are also sufficiently flexible to be able to take in circularity considerations. The same goes for the concept of value chain liability. This article also shows how both types of liability become intertwined in the circular value chain.
Revue internationale de droit économique, Sep 1, 2022
Bibliografija išnašoseThe various national European legal systems offer a broad range of response... more Bibliografija išnašoseThe various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then ac...
Tidsskrift for Rettsvitenskap, 2009
Tort and Insurance Law, 2008
Tort and Insurance Law, 2004
The article examines some of the legal challenges brought about by automation and digitalization.... more The article examines some of the legal challenges brought about by automation and digitalization. The specific focus is on product liability rules. The article examines the way in which automation may challenge both the traditional concept of a "product" and of a "defect" in the product liability directive and explores the extent to which a digital platform, used for distribution of products, could be regarded a 'producer' within the meaning of the product liability directive.
University of Copenhagen, Apr 30, 2020
Resources, Conservation and Recycling
Online platforms create legal systems that can best be described as private governance systems. B... more Online platforms create legal systems that can best be described as private governance systems. By private governance we refer to the fact that a private actor can take on the roles as regulator, implementer and dispute resolution body, thereby mirroring the classical roles of the state and potentially replacing state governance with an alternative, private legal order. As an example, the Airbnb platform (www.airbnb.com) regulates the rights and duties between users of the platform (hosts and guests), it implements these rights and duties by facilitating supervision mechanisms such as ratings and reviews, and it provides dispute resolution mechanisms for the users. The increasing societal role and impact of online platforms makes it pertinent to consider to what extent these private governance systems can safeguard the public values and interests which state legal orders seek to promote and protect. In this article, we use the concept of private governance to make a case study of th...
Studies in National Governance and Emerging Technologies, 2023
European Review of Private Law
Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a... more Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a product’s defectiveness. This central notion of the Directive has however long been the source of debate regarding the extent to which it is grounded in a solely safetybased approach, or whether a risk-benefit approach may be admitted. The defectiveness concept is now subject to a growing body of case law. This article examines how the courts in a selection of Member States (MS) approach the notion of defect and take account of riskbenefit considerations in determining whether a product is defective. It aims, first, at lowering the level of complexity which was added to the definition of defect in theDirective by the discretion given to national courts on the applicable standard of liability. Second, it means to show the real level and scope of harmonization of the product liability law in the EU by revealing differences that still exist in the interpretation of seemingly harmonized law...
European Journal of Risk Regulation
This article examines the extent to which tort law can be used to incentivise the creation of the... more This article examines the extent to which tort law can be used to incentivise the creation of the circular value chain and the design of products that live up to the requirements of the circular economy. In doing so, this article focuses in particular on the concepts of product liability and value chain liability. It shows that whereas the product liability framework has clearly been thought out to fit the linear value chain, central product liability concepts are also sufficiently flexible to be able to take in circularity considerations. The same goes for the concept of value chain liability. This article also shows how both types of liability become intertwined in the circular value chain.
Revue internationale de droit économique, Sep 1, 2022
Bibliografija išnašoseThe various national European legal systems offer a broad range of response... more Bibliografija išnašoseThe various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then ac...
Tidsskrift for Rettsvitenskap, 2009
Tort and Insurance Law, 2008
Tort and Insurance Law, 2004
The article examines some of the legal challenges brought about by automation and digitalization.... more The article examines some of the legal challenges brought about by automation and digitalization. The specific focus is on product liability rules. The article examines the way in which automation may challenge both the traditional concept of a "product" and of a "defect" in the product liability directive and explores the extent to which a digital platform, used for distribution of products, could be regarded a 'producer' within the meaning of the product liability directive.