El Niño southern oscillation and its effect on fog oases along the Peruvian and Chilean coastal deserts

Fog oases, locally named Lomas, are distributed in a fragmented way along the western coast of Chile and Peru (South America) between ~6°S and 30°S following an altitudinal gradient determined by a fog layer. This fragmentation has been attributed to the hyper aridity of the desert. However, periodically climatic events influence the ‘normal seasonality’ of this ecosystem through a higher than average water input that triggers plant responses (e.g. primary productivity and phenology). The impact of the climatic oscillation may vary according to the season (wet/dry). This thesis evaluates the potential effect of climate oscillations, such as El Niño Southern Oscillation (ENSO), through the analysis of vegetation of this ecosystem following different approaches: Chapters two and three show the analysis of fog oasis along the Peruvian and Chilean deserts. The objectives are: 1) to explain the floristic connection of fog oases analysing their taxa composition differences and the phylogenetic affinities among them, 2) to explore the climate variables related to ENSO which likely affect fog production, and the responses of Lomas vegetation (composition, productivity, distribution) to climate patterns during ENSO events. Chapters four and five describe a fog-oasis in southern Peru during the 2008-2010 period. The objectives are: 3) to describe and create a new vegetation map of the Lomas vegetation using remote sensing analysis supported by field survey data, and 4) to identify the vegetation change during the dry season. The first part of our results show that: 1) there are three significantly different groups of Lomas (Northern Peru, Southern Peru, and Chile) with a significant phylogenetic divergence among them. The species composition reveals a latitudinal gradient of plant assemblages. The species origin, growth-forms typologies, and geographic position also reinforce the differences among groups. 2) Contradictory results have emerged from studies of low-cloud anomalies and the fog-collection during El Niño (EN). EN increases water availability in fog oases when fog should be less frequent due to the reduction of low-clouds amount and stratocumulus. Because a minor role of fog during EN is expected, it is likely that measurements of fog-water collection during EN are considering drizzle and fog at the same time. Although recent studies on fog oases have shown some relationship with the ENSO, responses of vegetation have been largely based on descriptive data, the absence of large temporal records limit the establishment of a direct relationship with climatic oscillations. The second part of the results show that: 3) five different classes of different spectral values correspond to the main land cover of Lomas using a Vegetation Index (VI). The study case is characterised by shrubs and trees with variable cover (dense, semi-dense and open). A secondary area is covered by small shrubs where the dominant tree species is not present. The cacti area and the old terraces with open vegetation were not identified with the VI. Agriculture is present in the area. Finally, 4) contrary to the dry season of 2008 and 2009 years, a higher VI was obtained during the dry season of 2010. The VI increased up to three times their average value, showing a clear spectral signal change, which coincided with the ENSO event of that period.

The special rights other than shares in cross-border mergers of limited liability companies within the European Union. A perspective from the Spanish Law

The present research aims to study the special rights other than shares in Spanish Law and the protection of their holders in cross-border mergers of limited liability companies within the European Union frame. Special rights other than shares are recognised as an independent legal category within legal systems of some EU Member States, such as Germany or Spain, through the implementation of the Third Directive 78/855/CEE concerning mergers of public limited liability companies. The above-cited Directive contains a special regime of protection for the holders of securities, other than shares, to which special rights are attached, consisting of being given rights in the acquiring company, at least equivalent to those they possessed in the company being acquired. This safeguard is to highlight the intimate connection between this type of rights and the company whose extinction determines the existence of those. Pursuant to the Directive 2005/56/CE on cross-border mergers of limited liability companies, each company taking part in these operations shall comply with the safeguards of members and third parties provided in their respective national law to which is subject. In this regard, the protection for holders of special rights other than shares shall be ruled by the domestic M&A regime. As far as Spanish Law are concerned, holders of these special rights are recognized a right of merger information, in the same terms as shareholders, as well as equal rights in the company resulting from the cross-border merger. However, these measures are not enough guarantee for a suitable protection, thus considering those holders of special rights as special creditors, sometimes it will be necessary to go to the general protection regime for creditors. In Spanish Law, it would involve the recognition of right to the merger opposition, whose exercise would prevent the operation was completed until ensuring equal rights.

Ethnicity and cross-border lending: evidence from the syndicated loan market.

Whilst the connection between culture and financial intermediation across countries has received considerable attention, there is scant work on the role of local ethnicity in bank lending operations. To fill this void, we lean on the sociology literature to scrutinize the impact of local ethnicity characteristics on syndicated loan composition and size in cross-border lending. We specifically examine whether local demographics in the U.S. for a specific bank impact their contracting in the international syndicated loan market. Exploiting Gravity Models, we find a higher likelihood of syndication and volume in cross-border loans when there is overlap in local and foreign market ethnicity. To alleviate endogeneity concerns between ethnicity and bank lending, we conduct robustness tests on different sub-samples. This analysis reports a significant uptick in cross-border loans for merging banks which share ethnicity in their neighbourhood (or zip). Moreover, these loans are associated with lower spreads than other matched cross-border loans, which can be explained by lower asymmetric information.

Interfaces between national and EU law: time limits in cross-border civil proceedings and their impact on the free circulation of judgments

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