Economic and Social Research Council (ESRC) North-West Social Science Doctoral Training Partnership (NWSSDTP)

Call for applications for a fully funded PhD studentship

The School of Law and Social Justice at the University of Liverpool in collaboration with Alcohol Focus Scotland (AFS) invite applications for a fully funded PhD studentship to explore the impact that the UK Internal Market Act has had on the powers of devolved administrations to protect public health and prevent NCDs. The research will be conducted under the joint supervision of Professors Amandine Garde and Michael Dougan at the University of Liverpool, and Alison Douglas at AFS.

More detailed information regarding the context, focus, objectives, and methodology of this research project is available in the further particulars.

The PhD is funded by the Economic and Social Research Council (ESRC) North-West Social Science Doctoral Training Partnership (NWSSDTP). It will commence in October 2025 and can be undertaken on a full time (3 years) or a part time basis (6 years). 

It is an essential requirement that candidates have: 

•    a background in law, and in particular an excellent understanding of both EU internal market and UK constitutional law; and
•    at least a 2:1/merit or equivalent (for international applicants) both in their undergraduate and in their Master’s degrees.

A background in public health is highly desirable, as well as experience working with civil society organisations or other policy actors, or with public engagement. 

Applications should be submitted to slsjpgr@liverpool.ac.uk by no later than 12:00pm (GMT) on Thursday 27 February 2025, including a full CV and a covering letter, as detailed in the further particulars.

Shortlisted candidates will be invited to attend an online interview. Interviews will take place on Thursday 6 March 2025 between 9:30am and 12:30pm (GMT). 

Further queries can be directed to Professor Amandine Garde: agarde@liverpool.ac.uk.  

Further particulars

Preventing chronic diseases and reducing health inequities in the UK post-Brexit: The impact of the UK Internal Market Act on the discretion of devolved Nations to promote better health for all.

• Download the full advert - ESRC CASE PhD Advert - January 2025 (PDF, 134.4KB)

The School of Law and Social Justice at the University of Liverpool in collaboration with Alcohol Focus Scotland (AFS) invite applications for a fully-funded PhD studentship to explore the impact that the UK Internal Market Act has had on the powers of devolved administrations to protect public health and prevent NCDs The research will be conducted under the joint supervision of Professors Amandine Garde and Michael Dougan at the University of Liverpool, and Alison Douglas at AFS.

AFS is Scotland’s national alcohol charity, which seeks to prevent and reduce alcohol harm by promoting cost-effective action that works for people and reduces inequalities. This project supports the ongoing partnership between the School of Law and AFS and will provide the successful candidate with the opportunity to contribute to AFS policy work throughout the duration of their PhD.

Research context

In the UK, non-communicable diseases (NCDs), such as cancer, cause 89% deaths and are associated with significant health inequities which have increased during the COVID-19 pandemic. They result primarily from the consumption of tobacco, alcohol and unhealthy diets, and are largely preventable. Thus, the UK Government is considering various measures to promote healthier environments (e.g. food marketing restrictions, alcohol health warnings). However, the more effective policies are in reducing consumption, the more the food and alcohol industries are likely to challenge them as unnecessary, discriminatory or otherwise incompatible with trade rules. 

In December 2020, the UK Internal Market Act (UKIMA) was passed, following the UK’s withdrawal from the European Union (EU). By preventing internal trade barriers within the UK, it constrains the legislative powers of the devolved administrations when the measures they envisage restrict trade. Therefore, the UKIMA establishes a very different dynamic between the four nations than the prevailing one when the UK was an EU Member State. The outcome of trade disputes depended primarily on the interpretation by the Court of Justice of the European Union (CJEU) of the provisions of the EU Treaties on the free movement of goods. What was a UK-EU question (subject to EU law) is now a devolved administration-UK question (an internal matter). This provides new opportunities to use British trade law to oppose NCD prevention measures.

Objectives and research question

This PhD studentship will focus on the impact that the UKIMA has had on the powers of devolved administrations to protect public health and prevent NCDs. This will require, in turn, that the successful candidate engages with a series of specific questions on its interpretation: 

•    How will courts interpret the scope of the UKIMA, considering specifically what a trade barrier is? 
•    If such a barrier is identified, how will courts assess the public health exception: will they align their case law with that of the CJEU to assess the proportionality of a trade restriction? 
•    Can we expect courts to promote a precautionary approach to the risks associated with the consumption of tobacco, alcohol and unhealthy food as the CJEU has tended to do? 
•    Ultimately, how will UK courts engage with the evidence adduced by the parties?
 
These questions are particularly pertinent, as the concepts at the heart of the UKIMA borrow extensively from CJEU case law. 

The election of a new (Labour) Government has changed the context of those questions (e.g. with the creation of a new Council of the Nations and Regions, designed to restore trust and promote greater dialogue with central government), but the fundamental legal structures underpinning the UK internal market remain in place and fully operational.   

Methodology and timeline

This PhD project reflects on the role of law in preventing – or hindering the prevention of – NCDs associated with the consumption of tobacco, alcoholic beverages, and unhealthy food. 

The project is arranged into three distinct, though closely related, phases:

•    The first phase of the project (Year One) focuses on legal doctrinal analysis. The student will identify and critically analyse legislation, case law, policy statements and academic literature relating to the impact that the UKIMA has had, or may have, on the exercise of their powers by the devolved administrations, particularly on public health protection grounds. As the UKIMA borrows several of its key concepts from the EU Treaties, as interpreted by the CJEU, the analysis will be comparative in that it will reflect on the extent to which British courts called on to interpret the UKIMA can, and are likely to, follow the approach the CJEU has developed over the past 50 years to strike an effective balance between the free movement of goods between EU Member States and the protection of public health imperatives by Member States.

•    The second stage of the project (Year Two) will consist of in-depth interviews focusing on two case studies relating to the prevention of alcohol-related harm: the increase of the minimum unit price on alcoholic beverages from 50 to 65 pence, and the imposition of advertising restrictions in settings that Scotland has the requisite powers to regulate (e.g. advertising at point of sale or in public spaces). A sample of approximately 50 interviewees (around 25 per case study) will be selected. They will include decision-makers and parliamentarians, public agency representatives, civil society organisations, industry and their lawyers, and academics. The selection of interviewees will rest both on the desk-based research undertaken in Phase 1 and the supervisory team’s complementary expertise and extensive networks. These in-depth interviews are intended to test and complement the desk-based findings, as the law evolves and judicial review challenges are brought to court, and thereby provide detailed insights into the research questions listed above. 

•    The final year of the PhD (Phase 3) will consolidate the findings in Phases 1 and 2. The successful candidate will ultimately provide an in-depth analysis of the assessment by policy actors and courts of the impact of the UKIMA on the prevention of NCD prevention policies. 

Commencement and duration of the PhD

The PhD will commence in October 2025 and can be undertaken on a full-time (3-years) or a part-time basis (6-years). The University of Liverpool, the NWSSDTP, and AFS are all committed to equal opportunities. We welcome applications from any candidates who meet the eligibility criteria.

Eligibility

It is an essential requirement that candidates have: 

•    a background in law, and in particular an excellent understanding of both EU internal market and UK constitutional law, as these two disciplines are at the heart of the PhD project; and
•    at least a 2:1 distinction or equivalent (for international applicants) both in their undergraduate and in their Master’s degrees.

A background in public health will be considered highly desirable. If a student does not have this background, they will have to follow, in their first year of the PhD, relevant Master’s modules identified by the PhD supervisory team.

Training in social research methods, and experience working with civil society organisations or other policy actors, or with public engagement, will also be considered desirable. The successful candidate will need to demonstrate strong communication and teamwork skills, and an ability to be flexible in adapting to the pressures facing the partner organisation, e.g. meeting urgent deadlines. 

Funding

The successful candidate will be eligible for an award which includes:

1) a stipend to support living costs (currently £19,237 per annum full-time – 2025/2026 rates to be confirmed), and 

2) University fees paid at the standard UKRI home fee rate (currently £4,786 per annum full-time - 2025/2026 rates also to be confirmed) for up to four-years. 

If the successful candidate is an international applicant, they will not have to pay any fees during the period of award. This is because the University of Liverpool has agreed to waive the difference in fees between the overseas fee rate and the amount of funding received from UKRI.

Application deadline and process

Applications should be submitted to slsjpgr@liverpool.ac.uk by no later than 12:00pm (GMT) on Thursday 27 February 2025. 

Applications should include a full CV and a covering letter setting out:

•    any relevant knowledge, qualifications and experience;
•    your reasons for wishing to undertake this specific PhD project;
•    whether you wish to complete the PhD on a part-time or full-time basis; 
•    confirmation that you would be willing and available to receive training and supervision at the University of Liverpool and AFS, according to the needs of the project;
•    a copy of your first degree(s) (and Master’s degree(s) if already acquired), with both certificates and transcripts (or anticipated grades if you have not yet completed your postgraduate taught studies); 
•    a copy of your Master’s degree(s) with both certificates and transcripts if already acquired; or your anticipated grades if you have not yet completed your postgraduate taught studies;
•    details of two independent referees, including at least one academic referee; and
•    any other relevant information you would like to share with the Selection Committee.

Shortlisted candidates will be invited to attend an online interview. Interviews will take place on Thursday 6 March 2025 between 9:30am and 12:30pm (GMT). 

Further queries can be directed to Professor Amandine Garde: agarde@liverpool.ac.uk.  

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