Design and Setup of a New HPGe Detector Based Body Counter Capable of Detecting Also Low Energy Photon Emitters

The present work describes the development of a new body-counter system based on HPGe detectors and installed at IVM of KIT. The goal, achieved, was the improvement of the ability to detect internal contaminations in the human body, especially the ones concerning low-energy emitters and multiple nuclides. The development of the system started with the characterisation of detectors purchased for this specific task, with the optimisation of the different desired measurement configurations following and ending with the installation and check of the results. A new software has been developed to handle the new detectors.

Sanctions and public enforcement of insider trading laws in Europe

The recent financial crisis triggered an increasing demand for financial regulation to counteract the potential negative economic effects of the evermore complex operations and instruments available on financial markets. As a result, insider trading regulation counts amongst the relatively recent but particularly active regulation battles in Europe and overseas. Claims for more transparency and equitable securities markets proliferate, ranging from concerns about investor protection to global market stability. The internationalization of the world’s securities market has challenged traditional notions of regulation and enforcement. Considering that insider trading is currently forbidden all over Europe, this study follows a law and economics approach in identifying how this prohibition should be enforced. More precisely, the study investigates first whether criminal law is necessary under all circumstances to enforce insider trading; second, if it should be introduced at EU level. This study provides evidence of law and economics theoretical logic underlying the legal mechanisms that guide sanctioning and public enforcement of the insider trading prohibition by identifying optimal forms, natures and types of sanctions that effectively induce insider trading deterrence. The analysis further aims to reveal the economic rationality that drives the potential need for harmonization of criminal enforcement of insider trading laws within the European environment by proceeding to a comparative analysis of the current legislations of height selected Member States. This work also assesses the European Union’s most recent initiative through a critical analysis of the proposal for a Directive on criminal sanctions for Market Abuse. Based on the conclusions drawn from its close analysis, the study takes on the challenge of analyzing whether or not the actual European public enforcement of the laws prohibiting insider trading is coherent with the theoretical law and economics recommendations, and how these enforcement practices could be improved.

Credit-Default-Swaps and the 2008 Financial Crisis: An Inquiry into the Underlying Legal Origins and the European Union’s Regulatory Reforms

After the 2008 financial crisis, the financial innovation product Credit-Default-Swap (CDS) was widely blamed as the main cause of this crisis. CDS is one type of over-the-counter (OTC) traded derivatives. Before the crisis, the trading of CDS was very popular among the financial institutions. But meanwhile, excessive speculative CDSs transactions in a legal environment of scant regulation accumulated huge risks in the financial system. This dissertation is divided into three parts. In Part I, we discussed the primers of the CDSs and its market development, then we analyzed in detail the roles CDSs had played in this crisis based on economic studies. It is advanced that CDSs not just promoted the eruption of the crisis in 2007 but also exacerbated it in 2008. In part II, we asked ourselves what are the legal origins of this crisis in relation with CDSs, as we believe that financial instruments could only function, positive or negative, under certain legal institutional environment. After an in-depth inquiry, we observed that at least three traditional legal doctrines were eroded or circumvented by OTC derivatives. It is argued that the malfunction of these doctrines, on the one hand, facilitated the proliferation of speculative CDSs transactions; on the other hand, eroded the original risk-control legal mechanism. Therefore, the 2008 crisis could escalate rapidly into a global financial tsunami, which was out of control of the regulators. In Part III, we focused on the European Union’s regulatory reform towards the OTC derivatives market. In specific, EU introduced mandatory central counterparty clearing obligation for qualified OTC derivatives, and requires that all OTC derivatives shall be reported to a trade repository. It is observable that EU’s approach in re-regulating the derivatives market is different with the traditional administrative regulation, but aiming at constructing a new market infrastructure for OTC derivatives.

Algorithmic business and EU law on fair trading

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.

Essays on Atypicality: A narrative perspective to illuminate how atypical actors can counter the disciplining effect of categories

Using Big Data and Natural Language Processing (NLP) tools, this dissertation investigates the narrative strategies that atypical actors can leverage to deal with the adverse reactions they often elicit. Extensive research shows that atypical actors, those who fail to abide by established contextual standards and norms, are subject to skepticism and face a higher risk of rejection. Indeed, atypical actors combine features and behaviors in unconventional ways, thereby generating confusion in the audience and instilling doubts about their propositions' legitimacy. However, the same atypicality is often cited as the precursor to socio-cultural innovation and a strategic act to expand the capacity for delivering valued goods and services. Contextualizing the conditions under which atypicality is celebrated or punished has been a significant theoretical challenge for scholars interested in reconciling this tension. Nevertheless, prior work has focused on audience side factors or on actor-side characteristics that are only scantily under an actor's control (e.g., status and reputation). This dissertation demonstrates that atypical actors can use strategically crafted narratives to mitigate against the audience’s negative response. In particular, when atypical actors evoke conventional features in their story, they are more likely to overcome the illegitimacy discount usually applied to them. Moreover, narratives become successful navigational devices for atypicality when atypical actors use a more abstract language. This simplifies classification and provides the audience with more flexibility to interpret and understand them.

Power in public art spaces. F(r)ictions, performativity and the generation of counter-hegemonic narratives

Abstract This thesis applies queer theories to the examination of experiences which go beyond queerness. Queer, decolonial, antiracist and feminist new materialist concepts are implemented to the analysis of four case studies dealing with power and art in public spaces. By applying concepts as methodologies, autoethnographic reflections and f(r)ictions as research alternatives, the thesis brings up new diffractive readings from where to perform those scenarios differently. In doing so, the thesis disentangles the historical, material, philosophical, political and disruptive meanings which haunt the four case studies and triggers the artivist potential of their counter-hegemonic narratives.