12 resultados para City planning and redevelopment law

em AMS Tesi di Dottorato - Alm@DL - Università di Bologna


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At global level, the population is increasingly concentrating in the cities. In Europe, around 75% of the population lives in urban areas and, according to the European Environmental Agency (2010), urban population is foreseen to increase up to 80 % by 2020. At the same time, the quality of life in the cities is declining and urban pollution keeps increasing in terms of carbon dioxide (CO2) emissions, waste, noise, and lack of greenery. Many of European cities struggle to cope with social, economic and environmental problems resulting from pressures such as overcrowding or decline, social inequity, health problems related to food security and pollution. Nowadays local authorities try to solve these problems related to the environmental sustainability through various urban logistics measures, which directly and indirectly affect the urban food supply system, thus an integrated approach including freight transport and food provisioning policies issues is needed. This research centres on the urban food transport system and its impact on the city environmental sustainability. The main question that drives the research analysis is "How the urban food distribution system affects the ecological sustainability in modern cities?" The research analyses the city logistics project for food transport implemented in Parma, Italy, by the wholesale produce market. The case study investigates the renewed role of the wholesale market in the urban food supply chain as commercial and logistic operator, referring to the concept of food hub. Then, a preliminary analysis on the urban food transport for the city of Bologna is presented. The research aims at suggesting a methodological framework to estimate the urban food demand, the urban food supply and to assess the urban food transport performance, in order to identify external costs indicators that help policymakers in evaluating the environmental sustainability of different logistics measures

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This thesis studies how commercial practice is developing with artificial intelligence (AI) technologies and discusses some normative concepts in EU consumer law. The author analyses the phenomenon of 'algorithmic business', which defines the increasing use of data-driven AI in marketing organisations for the optimisation of a range of consumer-related tasks. The phenomenon is orienting business-consumer relations towards some general trends that influence power and behaviors of consumers. These developments are not taking place in a legal vacuum, but against the background of a normative system aimed at maintaining fairness and balance in market transactions. The author assesses current developments in commercial practices in the context of EU consumer law, which is specifically aimed at regulating commercial practices. The analysis is critical by design and without neglecting concrete practices tries to look at the big picture. The thesis consists of nine chapters divided in three thematic parts. The first part discusses the deployment of AI in marketing organisations, a brief history, the technical foundations, and their modes of integration in business organisations. In the second part, a selected number of socio-technical developments in commercial practice are analysed. The following are addressed: the monitoring and analysis of consumers’ behaviour based on data; the personalisation of commercial offers and customer experience; the use of information on consumers’ psychology and emotions, the mediation through marketing conversational applications. The third part assesses these developments in the context of EU consumer law and of the broader policy debate concerning consumer protection in the algorithmic society. In particular, two normative concepts underlying the EU fairness standard are analysed: manipulation, as a substantive regulatory standard that limits commercial behaviours in order to protect consumers’ informed and free choices and vulnerability, as a concept of social policy that portrays people who are more exposed to marketing practices.

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The rate of diagnosis and treatment of degenerative spine disorders is increasing, increasing the need for surgical intervention. Posterior spine fusion is one surgical intervention used to treat various spine degeneration pathologies To minimize the risk of complications and provide patients with positive outcomes, preoperative planning and postsurgical assessment are necessary. This PhD aimed to investigate techniques for the surgical planning and assessment of spine surgeries. Three main techniques were assessed: stereophotogrammetric motion analysis, 3D printing of complex spine deformities and finite element analysis of the thoracolumbar spine. Upon reviewing the literature on currently available spine kinematics protocol, a comprehensive motion analysis protocol to measure the multi-segmental spine motion was developed. Using this protocol, the patterns of spine motion in patients before and after posterior spine fixation was mapped. The second part investigated the use of virtual and 3D printed spine models for the surgical planning of complex spine deformity correction. Compared to usual radiographic images, the printed model allowed optimal surgical intervention, reduced surgical time and provided better surgeon-patient communication. The third part assessed the use of polyetheretherketone rods auxiliary to titanium rods to reduce the stiffness of posterior spine fusion constructs. Using a finite element model of the thoracolumbar spine, the rods system showed a decrease in the overall stress of the uppermost instrumented vertebra when compared to regular fixation approaches. Finally, a retrospective biomechanical assessment of a lumbopelvic reconstruction technique was investigated to assess the patients' gait following the surgery, the implant deformation over the years and the extent of bony fusion between spine and implant. In conclusion, this thesis highlighted the need to provide surgeons with new planning and assessment techniques to better understand postsurgical complications. The methodologies investigated in this project can be used in the future to establish a patient-specific planning protocol.

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The first part of the thesis has been devoted to the transmission planning with high penetration of renewable energy sources. Both stationary and transportable battery energy storage (BES, BEST) systems have been considered in the planning model, so to obtain the optimal set of BES, BEST and transmission lines that minimizes the total cost in a power network. First, a coordinated expansion planning model with fixed transportation cost for BEST devices has been presented; then, the model has been extended to a planning formulation with a distance-dependent transportation cost for the BEST units, and its tractability has been proved through a case study based on a 190-bus test system. The second part of this thesis is then devoted to the analysis of planning and management of renewable energy communities (RECs). Initially, the planning of photovoltaic and BES systems in a REC with an incentive-based remuneration scheme according to the Italian regulatory framework has been analysed, and two planning models, according to a single-stage, or a multi-stage approach, have been proposed in order to provide the optimal set of BES and PV systems allowing to achieve the minimum energy procurement cost in a given REC. Further, the second part of this thesis is devoted to the study of the day-ahead scheduling of resources in renewable energy communities, by considering two types of REC. The first one, which we will refer to as “cooperative community”, allows direct energy transactions between members of the REC; the second type of REC considered, which we shall refer to as “incentive-based”, does not allow direct transactions between members but includes economic revenues for the community shared energy, according to the Italian regulation framework. Moreover, dispatchable renewable energy generation has been considered by including producers equipped with biogas power plants in the community.

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The thesis aims at exploring possible legal solutions to remove the obstacles to the free circulation of judgments in the civil justice area that arise from the remarkably diverging national rules on procedural time limits. As shown by the case-law of the CJEU, time limits have recently come under closer scrutiny. The interplay between national and EU law illustrates that time limits raise significant deficiencies connected with the right to a fair trial under Art. 6 ECHR and Art. 47 CFR – e.g. the effective recovery of claims, effective judicial protection, effective cross-border enforcement of judgments – which negatively impact EU cross-border civil litigation. In order to overcome some of the weaknesses of the current legal framework governing the cross-border enforcement of judgments and strengthen the parties’ fundamental procedural rights the PhD thesis intends to determine whether and, to what extent time limits can be harmonised at EU level. EU action on time limits would indeed favour the speed, efficiency and proportionality of cross-border proceedings without sacrificing the fairness of the judicial process and the equality of the parties

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The research investigates the interaction between social innovation practices and urban planning, assuming as a case study and field of application the city of Bologna, observed from the point of view of the production of urban policies and with respect to the places where it is practiced. Social innovation are localised actions tackling current urban complexities with micro-scale practices of service and urban production, by which new urban actors find answers to social needs, which are less afforded by the market and the public sectors. Planning and social innovation practices are two dimensions working in the city in different but complementary ways, subject to a mismatch. Through the lenses of interaction, the research explores the context of Bologna, a paradigmatic study and application field, a laboratory of innovative policies where a tradition of collective civic initiatives intertwines with a more responsible institutional planning framework. After drawing from area-based policies of Berlin and Barcelona, the thesis reads the role of specific intermediate places, mediators in bridging the level of institutions and the practices. Through an inventory and a cross-cutting taxonomy of intermediate places, the research draws the knowledge to inform a new urban model for the city of Bologna, aimed at overtake the mismatches by enabling the practices to act, allowing urban planning to frame them in a cross-fertilisation dimension. The proposed urban diagrammatic model, foresees intermediate places as local socio-urban observatories for research and development, interacting with both institutions and communities. The goal is to critically explore the limits and widen the meaning of the capacity of action of social innovation practices engaging in mutual-learning with the city. The model suggests a new possibility for reflection on urban planning as a more flexible approach, which translates the numerous experiences of the city into alternatives and multiple visions.

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From the institutional point of view, the legal system of IPR (intellectual property right, hereafter, IPR) is one of incentive institutions of innovation and it plays very important role in the development of economy. According to the law, the owner of the IPR enjoy a kind of exclusive right to use his IP(intellectual property, hereafter, IP), in other words, he enjoys a kind of legal monopoly position in the market. How to well protect the IPR and at the same time to regulate the abuse of IPR is very interested topic in this knowledge-orientated market and it is the basic research question in this dissertation. In this paper, by way of comparing study and by way of law and economic analyses, and based on the Austrian Economics School’s theories, the writer claims that there is no any contradiction between the IPR and competition law. However, in this new economy (high-technology industries), there is really probability of the owner of IPR to abuse his dominant position. And with the characteristics of the new economy, such as, the high rates of innovation, “instant scalability”, network externality and lock-in effects, the IPR “will vest the dominant undertakings with the power not just to monopolize the market but to shift such power from one market to another, to create strong barriers to enter and, in so doing, granting the perpetuation of such dominance for quite a long time.”1 Therefore, in order to keep the order of market, to vitalize the competition and innovation, and to benefit the customer, in EU and US, it is common ways to apply the competition law to regulate the IPR abuse. In Austrian Economic School perspective, especially the Schumpeterian theories, the innovation/competition/monopoly and entrepreneurship are inter-correlated, therefore, we should apply the dynamic antitrust model based on the AES theories to analysis the relationship between the IPR and competition law. China is still a developing country with relative not so high ability of innovation. Therefore, at present, to protect the IPR and to make good use of the incentive mechanism of IPR legal system is the first important task for Chinese government to do. However, according to the investigation reports,2 based on their IPR advantage and capital advantage, some multinational companies really obtained the dominant or monopoly market position in some aspects of some industries, and there are some IPR abuses conducted by such multinational companies. And then, the Chinese government should be paying close attention to regulate any IPR abuse. However, how to effectively regulate the IPR abuse by way of competition law in Chinese situation, from the law and economic theories’ perspective, from the legislation perspective, and from the judicial practice perspective, there is a long way for China to go!

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L’approccio innovativo di questa tesi alla pianificazione ciclabile consiste nell’integrare le linee guida per la redazione di un biciplan con aspetti, metodologie e strumenti nuovi, per rendere più efficace la programmazione di interventi. I limiti del biciplan risiedono nella fase di pianificazione e di monitoraggio, quindi, nel 1° capitolo, vengono esaminate le differenze esistenti tra la normativa americana (AASHTO) e quella italiana (D.P.R. 557/99). Nel 2° capitolo vengono analizzati gli indicatori usati nella fase di monitoraggio e la loro evoluzione fino alla definizione degli attuali indici per la determinazione del LOS delle infrastrutture ciclabili: BLOS e BCI. L’analisi è integrata con le nuove applicazioni di questi indici e con lo studio del LOS de HCM 2010. BCI e BISI sono stati applicati alla rete di Bologna per risolvere problemi di pianificazione e per capire se esistessero problemi di trasferibilità. Gli indici analizzati prendono in considerazione solo il lato offerta del sistema di trasporto ciclabile; manca un giudizio sui flussi, per verificare l’efficacia delle policy. Perciò il 3° capitolo è dedicato alla metodologia sul monitoraggio dei flussi, mediante l’utilizzo di comuni traffic counter per le rilevazioni dei flussi veicolari. Dal monitoraggio è possibile ricavare informazioni sul numero di passaggi, periodi di punta, esistenza di percorsi preferiti, influenza delle condizioni climatiche, utili ai progettisti; si possono creare serie storiche di dati per controllare l’evoluzione della mobilità ciclabile e determinare l’esistenza di criticità dell’infrastruttura. L’efficacia della pianificazione ciclabile è legata al grado di soddisfazione dell’utente e all’appetibilità delle infrastrutture, perciò il progettista deve conoscere degli elementi che influenzano le scelte del ciclista. Nel 4° capitolo sono analizzate le tecniche e gli studi sulle scelte dell’itinerario dei ciclisti, e lo studio pilota fatto a Bologna per definire le variabili che influenzano le scelte dei ciclisti e il loro peso.

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Il primo capitolo di questo lavoro è dedicato all’opera svolta dagli amministratori locali e da un ente governativo come la Camera di commercio per arrivare a decifrare le effettive caratteristiche del quadro locale dal punto di vista economico, sociale, della percezione e del significato che assumono i consumi e gli spazi urbani ad essi dedicati. La caratteristica più originale rilevata dagli amministratori (che contano tra le proprie fila studiosi come Ardigò, Zangheri e Bellettini) è quella di una notevole omogeneità politica e culturale del quadro sociale. E questo, nonostante le massicce immigrazioni che sono, in proporzione, seconde solo quelle di Milano, ma per la stragrande maggioranza provenienti dalla stessa provincia o, al massimo, dalla regione e da analoghi percorsi di socializzazione e di formazione. Fondando essenzialmente su questa omogeneità (capitolo secondo), gli enti bolognesi cercarono di governare la trasformazione della città e anche l’espansione dei consumi che appariva colpita da eccessi e distorsioni. Facendo leva sulle pesanti crisi del 1963-1965 e del 1973-1977, gli amministratori locali puntarono ad ottenere la propria legittimazione fondandola proprio sui consumi, sulla base di una precisa cognizione del nuovo che arrivava, ma schierandosi decisamente a contenerne gli effetti dirompenti sul tessuto locale e indirizzando gli sforzi acquisitivi dei bolognesi sulla base di una temperante razionalizzazione nutrita di pianificazione urbanistica. Ritardi, spinte dal basso, ostacoli burocratici e legislativi resero questi percorsi difficili, o comunque assai poco lineari; fino a che l’ingresso negli anni Ottanta non ne modificò sensibilmente il corso. Ma questo, allo stato attuale delle conoscenze, è già tema per nuova ricerca. Il terzo capitolo è dedicato alla visualizzazione cartografica (GIS) dell’espansione degli spazi commerciali urbani durante le fasi più significative del miracolo.

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The thesis deals with the concept of presumptions, and in particular of legal presumptions, in the context of national tax systems (Italy and Belgium) and EU law. The purpose was to investigate the concept of legal presumption under a twofold comparative perspective. After having provided a general overview of the common core concept of presumption in the European context, an insight in the national approach to legal presumptions was given by examining two different national experiences, namely the Italian and Belgian tax systems. At this stage, the Constitutional framework and some of the most interesting and relevant at EU level presumptive measures were explored, with a view to underlining possible divergences and common grounds. The concept of (national) legal presumption was then investigated in the context of EU law, with the attempt to systematize under a uniform perspective a matter which has been traditionally dealt with either from the merely national point of view or, at EU level, through a fragmented form. In this instance, the EU law relevant framework and the most significant EUCJ case-law, in particular in the field of customs duties, VAT, on the issue of the repayment of taxes levied in breach of EU law and in the area of direct taxation, were examined so as to construe the overall EU approach to national legal presumptions. This was done with the finality of determining if and to what extent a common analytical framework may be identified, from which were extracted certain criteria governing the compatibility of national legal presumptions with EU law.

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Landslide hazard and risk are growing as a consequence of climate change and demographic pressure. Land‐use planning represents a powerful tool to manage this socio‐economic problem and build sustainable and landslide resilient communities. Landslide inventory maps are a cornerstone of land‐use planning and, consequently, their quality assessment represents a burning issue. This work aimed to define the quality parameters of a landslide inventory and assess its spatial and temporal accuracy with regard to its possible applications to land‐use planning. In this sense, I proceeded according to a two‐steps approach. An overall assessment of the accuracy of data geographic positioning was performed on four case study sites located in the Italian Northern Apennines. The quantification of the overall spatial and temporal accuracy, instead, focused on the Dorgola Valley (Province of Reggio Emilia). The assessment of spatial accuracy involved a comparison between remotely sensed and field survey data, as well as an innovative fuzzylike analysis of a multi‐temporal landslide inventory map. Conversely, long‐ and short‐term landslide temporal persistence was appraised over a period of 60 years with the aid of 18 remotely sensed image sets. These results were eventually compared with the current Territorial Plan for Provincial Coordination (PTCP) of the Province of Reggio Emilia. The outcome of this work suggested that geomorphologically detected and mapped landslides are a significant approximation of a more complex reality. In order to convey to the end‐users this intrinsic uncertainty, a new form of cartographic representation is needed. In this sense, a fuzzy raster landslide map may be an option. With regard to land‐use planning, landslide inventory maps, if appropriately updated, confirmed to be essential decision‐support tools. This research, however, proved that their spatial and temporal uncertainty discourages any direct use as zoning maps, especially when zoning itself is associated to statutory or advisory regulations.