11 resultados para Third World Approach to International Law

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


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Corruption is, in the last two decades, considered as one of the biggest problems within the international community, which harms not only a particular state or society but the whole world. The discussion on corruption in law and economics approach is mainly run under the veil of Public choice theory and principal-agent model. Based on this approach the strong international initiatives taken by the UN, the OECD and the Council of Europe, provided various measures and tools in order to support and guide countries in their combat against corruption. These anti-corruption policies created a repression -prevention-transparency model for corruption combat. Applying this model, countries around the world adopted anti-corruption strategies as part of their legal rules. Nevertheless, the recent researches on the effects of this move show non impressive results. Critics argue that “one size does not fit all” because the institutional setting of countries around the world varies. Among the countries which experience problems of corruption, even though they follow the dominant anti-corruption trends, are transitional, post-socialist countries. To this group belong the countries which are emerging from centrally planned to an open market economy. The socialist past left traces on institutional setting, mentality of the individuals and their interrelation, particularly in the domain of public administration. If the idiosyncrasy of these countries is taken into account the suggestion in this thesis is that in public administration in post-socialist countries, instead of dominant anti-corruption scheme repression-prevention-transparency, corruption combat should be improved through the implementation of a new one, structure-conduct-performance. The implementation of this model is based on three regulatory pyramids: anti-corruption, disciplinary anti-corruption and criminal anti-corruption pyramid. This approach asks public administration itself to engage in corruption combat, leaving criminal justice system as the ultimate weapon, used only for the very harmful misdeeds.

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This Thesis focuses on the principles of international law relevant to the resolution of legal disputes arising from sovereign insolvency conflicts. It attempts to contribute to the “incremental” approach literature by identifying principles, justifying their application in litigation and assessing whether they may help to reconcile the trade-offs prevalent in that context. For that purpose, this Thesis distinguishes between two different types of principles. First, it investigates the “Principles of Public International Law” (henceforth, “PIL principles”). Said category refers to norms of the law of nations which can be considered functionally and structurally similar to domestic constitutional principles (i.e., that can be regarded as “optimization” or “prima facie” requirements). This Thesis underscores the PIL principles protecting the interests of the creditors and citizens as well as the “public interest”, arguing that decision makers face a trade-off between these principles in the context of restructurings. Secondly, this Thesis inquires into the “general principles of domestic law” (henceforth, “GPDs”) which can be applied in sovereign debt restructuring. Two GPDs are identified: a “stay” on litigation and a “cram down” on dissenting creditors’ claims. Although both principles have been identified by the prior literature, this work advances a small but significant “twist” in the methodology used for that purpose: it relies exclusively on functional and comparative analysis. Moreover, this work justifies the application of said GPDs for two jurisdictions: New York and Germany. Finally, it posits that those GPDs can help to mitigate the trade-offs between PIL principles, thus reconciling the interests at stake.

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Electronic business surely represents the new development perspective for world-wide trade. Together with the idea of ebusiness, and the exigency to exchange business messages between trading partners, the concept of business-to-business (B2B) integration arouse. B2B integration is becoming necessary to allow partners to communicate and exchange business documents, like catalogues, purchase orders, reports and invoices, overcoming architectural, applicative, and semantic differences, according to the business processes implemented by each enterprise. Business relationships can be very heterogeneous, and consequently there are variousways to integrate enterprises with each other. Moreover nowadays not only large enterprises, but also the small- and medium- enterprises are moving towards ebusiness: more than two-thirds of Small and Medium Enterprises (SMEs) use the Internet as a business tool. One of the business areas which is actively facing the interoperability problem is that related with the supply chain management. In order to really allow the SMEs to improve their business and to fully exploit ICT technologies in their business transactions, there are three main players that must be considered and joined: the new emerging ICT technologies, the scenario and the requirements of the enterprises and the world of standards and standardisation bodies. This thesis presents the definition and the development of an interoperability framework (and the bounded standardisation intiatives) to provide the Textile/Clothing sectorwith a shared set of business documents and protocols for electronic transactions. Considering also some limitations, the thesis proposes a ontology-based approach to improve the functionalities of the developed framework and, exploiting the technologies of the semantic web, to improve the standardisation life-cycle, intended as the development, dissemination and adoption of B2B protocols for specific business domain. The use of ontologies allows the semantic modellisation of knowledge domains, upon which it is possible to develop a set of components for a better management of B2B protocols, and to ease their comprehension and adoption for the target users.

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The main object of this thesis is the analysis and the quantization of spinning particle models which employ extended ”one dimensional supergravity” on the worldline, and their relation to the theory of higher spin fields (HS). In the first part of this work we have described the classical theory of massless spinning particles with an SO(N) extended supergravity multiplet on the worldline, in flat and more generally in maximally symmetric backgrounds. These (non)linear sigma models describe, upon quantization, the dynamics of particles with spin N/2. Then we have analyzed carefully the quantization of spinning particles with SO(N) extended supergravity on the worldline, for every N and in every dimension D. The physical sector of the Hilbert space reveals an interesting geometrical structure: the generalized higher spin curvature (HSC). We have shown, in particular, that these models of spinning particles describe a subclass of HS fields whose equations of motions are conformally invariant at the free level; in D = 4 this subclass describes all massless representations of the Poincar´e group. In the third part of this work we have considered the one-loop quantization of SO(N) spinning particle models by studying the corresponding partition function on the circle. After the gauge fixing of the supergravity multiplet, the partition function reduces to an integral over the corresponding moduli space which have been computed by using orthogonal polynomial techniques. Finally we have extend our canonical analysis, described previously for flat space, to maximally symmetric target spaces (i.e. (A)dS background). The quantization of these models produce (A)dS HSC as the physical states of the Hilbert space; we have used an iterative procedure and Pochhammer functions to solve the differential Bianchi identity in maximally symmetric spaces. Motivated by the correspondence between SO(N) spinning particle models and HS gauge theory, and by the notorious difficulty one finds in constructing an interacting theory for fields with spin greater than two, we have used these one dimensional supergravity models to study and extract informations on HS. In the last part of this work we have constructed spinning particle models with sp(2) R symmetry, coupled to Hyper K¨ahler and Quaternionic-K¨ahler (QK) backgrounds.

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The cathepsin enzymes represent an important family of lysosomal proteinases with a broad spectrum of functions in many, if not in all, tissues and cell types. In addition to their primary role during the normal protein turnover, they possess highly specific proteolytic activities, including antigen processing in the immune response and a direct role in the development of obesity and tumours. In pigs, the involvement of cathepsin enzymes in proteolytic processes have important effects during the conversion of muscle to meat, due to their influence on meat texture and sensory characteristics, mainly in seasoned products. Their contribution is fundamental in flavour development of dry-curing hams. However, several authors have demonstrated that high cathepsin activity, in particular of cathepsin B, is correlated to defects of these products, such as an excessive meat softness together with abnormal free tyrosine content, astringent or metallic aftertastes and formation of a white film on the cut surface. Thus, investigation of their genetic variability could be useful to identify DNA markers associated with these dry cured hams parameters, but also with meat quality, production and carcass traits in Italian heavy pigs. Unfortunately, no association has been found between cathepsin markers and meat quality traits so far, in particular with cathepsin B activity, suggesting that other genes, besides these, affect meat quality parameters. Nevertheless, significant associations were observed with several carcass and production traits in pigs. A recent study has demonstrated that different single nucleotide polymorphisms (SNPs) localized in cathepsin D (CTSD), F (CTSF), H and Z genes were highly associated with growth, fat deposition and production traits in an Italian Large White pig population. The aim of this thesis was to confirm some of these results in other pig populations and identify new cathepsin markers in order to evaluate their effects on cathepsin activity and other production traits. Furthermore, starting from the data obtained in previous studies on CTSD gene, we also analyzed the known polymorphism located in the insulin-like growth factor 2 gene (IGF2 intron3-g.3072G>A). This marker is considered the causative mutation for the quantitative trait loci (QTL) affecting muscle mass and fat deposition in pigs. Since IGF2 maps very close to CTSD on porcine chromosome (SSC) 2, we wanted to clarify if the effects of the CTSD marker were due to linkage disequilibrium with the IGF2 intron3-g.3072G>A mutation or not. In the first chapter, we reported the results from these two SSC2 gene markers. First of all, we evaluated the effects of the IGF2 intron3-g.3072G>A polymorphism in the Italian Large White breed, for which no previous studies have analysed this marker. Highly significant associations were identified with all estimated breeding values for production and carcass traits (P<0.00001), while no effects were observed for meat quality traits. Instead, the IGF2 intron3-g.3072G>A mutation did not show any associations with the analyzed traits in the Italian Duroc pigs, probably due to the low level of variability at this polymorphic site for this breed. In the same Duroc pig population, significant associations were obtained for the CTSD marker for all production and carcass traits (P < 0.001), after excluding possible confounding effects of the IGF2 mutation. The effects of the CTSD g.70G>A polymorphism were also confirmed in a group of Italian Large White pigs homozygous for the IGF2 intron3-g.3072G allele G (IGF2 intron3-g.3072GG) and by haplotype analysis between the markers of the two considered genes. Taken together, all these data indicated that the IGF2 intron3-g.3072G>A mutation is not the only polymorphism affecting fatness and muscle deposition in pigs. In the second chapter, we reported the analysis of two new SNPs identified in cathepsin L (CTSL) and cathepsin S (CTSS) genes and the association results with meat quality parameters (including cathepsin B activity) and several production traits in an Italian Large White pig population. Allele frequencies of these two markers were evaluated in 7 different pig breeds. Furthermore, we mapped using a radiation hybrid panel the CTSS gene on SSC4. Association studies with several production traits, carried out in 268 Italian Large White pigs, indicated positive effects of the CTSL polymorphism on average daily gain, weight of lean cuts and backfat thickness (P<0.05). The results for these latter traits were also confirmed using a selective genotype approach in other Italian Large White pigs (P<0.01). In the 268 pig group, the CTSS polymorphism was associated with feed:gain ratio and average daily gain (P<0.05). Instead, no association was observed between the analysed markers and meat quality parameters. Finally, we wanted to verify if the positive results obtained for the cathepsin L and S markers and for other previous identified SNPs (cathepsin F, cathepsin Z and their inhibitor cystatin B) were confirmed in the Italian Duroc pig breed (third chapter). We analysed them in two groups of Duroc pigs: the first group was made of 218 performance-tested pigs not selected by any phenotypic criteria, the second group was made of 100 Italian Duroc pigs extreme and divergent for visible intermuscular fat trait. In the first group, the CTSL polymorphism was associated with weight of lean cuts (P<0.05), while suggestive associations were obtained for average daily gain and backfat thickness (P<0.10). Allele frequencies of the CTSL gene marker also differed positively among the visible intermuscular extreme tails. Instead, no positive effects were observed for the other DNA markers on the analysed traits. In conclusion, in agreement with the present data and for the biological role of these enzymes, the porcine CTSD and CTSL markers: a) may have a direct effect in the biological mechanisms involved in determining fat and lean meat content in pigs, or b) these markers could be very close to the putative functional mutation(s) present in other genes. These findings have important practical applications, in particular the CTSD and CTSL mutations could be applied in a marker assisted selection (MAS) both in the Italian Large White and Italian Duroc breeds. Marker assisted selection could also increase in efficiency by adding information from the cathepsin S genotype, but only in the Italian Large White breed.

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With life expectancies increasing around the world, populations are getting age and neurodegenerative diseases have become a global issue. For this reason we have focused our attention on the two most important neurodegenerative diseases: Parkinson’s and Alzheimer’s. Parkinson’s disease is a chronic progressive neurodegenerative movement disorder of multi-factorial origin. Environmental toxins as well as agricultural chemicals have been associated with PD. Has been observed that N/OFQ contributes to both neurotoxicity and symptoms associated with PD and that pronociceptin gene expression is up-regulated in rat SN of 6-OHDA and MPP induced experimental parkinsonism. First, we investigated the role of N/OFQ-NOP system in the pathogenesis of PD in an animal model developed using PQ and/or MB. Then we studied Alzheimer's disease. This disorder is defined as a progressive neurologic disease of the brain leading to the irreversible loss of neurons and the loss of intellectual abilities, including memory and reasoning, which become severe enough to impede social or occupational functioning. Effective biomarker tests could prevent such devastating damage occurring. We utilized the peripheral blood cells of AD discordant monozygotic twin in the search of peripheral markers which could reflect the pathology within the brain, and also support the hypothesis that PBMC might be a useful model of epigenetic gene regulation in the brain. We investigated the mRNA levels in several genes involve in AD pathogenesis, as well DNA methylation by MSP Real-Time PCR. Finally by Western Blotting we assess the immunoreactivity levels for histone modifications. Our results support the idea that epigenetic changes assessed in PBMCs can also be useful in neurodegenerative disorders, like AD and PD, enabling identification of new biomarkers in order to develop early diagnostic programs.

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Workaholism is defined as the combination of two underlying dimensions: working excessively and working compulsively. The present thesis aims at achieving the following purposes: 1) to test whether the interaction between environmental and personal antecedents may enhance workaholism; 2) to develop a questionnaire aimed to assess overwork climate in the workplace; 3) to contrast focal employees’ and coworkers’ perceptions of employees’ workaholism and engagement. Concerning the first purpose, the interaction between overwork climate and person characteristics (achievement motivation, perfectionism, conscientiousness, self-efficacy) was explored on a sample of 333 Dutch employees. The results of moderated regression analyses showed that the interaction between overwork climate and person characteristics is related to workaholism. The second purpose was pursued with two interrelated studies. In Study 1 the Overwork Climate Scale (OWCS) was developed and tested using a principal component analysis (N = 395) and a confirmatory factor analysis (N = 396). Two overwork climate dimensions were distinguished, overwork endorsement and lacking overwork rewards. In Study 2 the total sample (N = 791) was used to explore the association of overwork climate with two types of working hard: work engagement and workaholism. Lacking overwork rewards was negatively associated with engagement, whereas overwork endorsement showed a positive association with workaholism. Concerning the third purpose, using a sample of 73 dyads composed by focal employees and their coworkers, a multitrait-multimethod matrix and a correlated trait-correlated method model, i.e. the CT-C(M–1) model, were examined. Our results showed a considerable agreement between raters on focal employees' engagement and workaholism. In contrast, we observed a significant difference concerning the cognitive dimension of workaholism, working compulsively. Moreover, we provided further evidence for the discriminant validity between engagement and workaholism. Overall, workaholism appears as a negative work-related state that could be better explained by assuming a multi-causal and multi-rater approach.

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To responsively manage the striped venus clam (Chamelea gallina) fisheries, a multidisciplinary approach has been adopted through the investigation of new and updated biological aspects (e.g. age, growth, reproduction, size at first maturity, fecundity) and the interaction gear- target or non-target species (e.g. reburial ability, survival potential and exerted damage). The striped venus clam is an important socio-economic species in the Italian fishery context, highly regulated by national and international laws aiming at guaranteeing both social and ecological sustainability. Studies on growth and reproduction revealed that the size at first maturity is reached within the first year of life, whereas the present Minimum Conservation Reference Size of 22 mm is reached at two year of age. The annual reproductive cycle, which is driven by rises in seawater temperature and chlorophyll-a concentration, spans during the warmer months (late spring-summer) with multiple spawning events of different intensity occurring over the spawning period, and the number of potentially emitted gametes is positively related to shell size. Reburial tests conducted on undamaged specimens highlighted the ability of clams to rebury in the sediment once discarded, independently from the size. On the other hand, survival experiments in the laboratory and at sea, on both damaged and undamaged individuals, served to demonstrate that the species has a high survival rate, thus supporting the claim that discarded individuals can contribute to restock the natural populations. Moreover, the evaluation and quantification of damage induced by dredging on the discarded macro-benthic fauna living associated with C. gallina highlighted that soft-shelled or soft-bodied species are the most affected by the fishing process and subjected to a higher mortality. All these findings are of pivotal importance to rationally support the management measures to be adopted in the striped venus clam fishery.

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This dissertation proposes an analysis of the governance of the European scientific research, focusing on the emergence of the Open Science paradigm: a new way of doing science, oriented towards the openness of every phase of the scientific research process, able to take full advantage of the digital ICTs. The emergence of this paradigm is relatively recent, but in the last years it has become increasingly relevant. The European institutions expressed a clear intention to embrace the Open Science paradigm (eg., think about the European Open Science Cloud, EOSC; or the establishment of the Horizon Europe programme). This dissertation provides a conceptual framework for the multiple interventions of the European institutions in the field of Open Science, addressing the major legal challenges of its implementation. The study investigates the notion of Open Science, proposing a definition that takes into account all its dimensions related to the human and fundamental rights framework in which Open Science is grounded. The inquiry addresses the legal challenges related to the openness of research data, in light of the European Open Data framework and the impact of the GDPR on the context of Open Science. The last part of the study is devoted to the infrastructural dimension of the Open Science paradigm, exploring the e-infrastructures. The focus is on a specific type of computational infrastructure: the High Performance Computing (HPC) facility. The adoption of HPC for research is analysed from the European perspective, investigating the EuroHPC project, and the local perspective, proposing the case study of the HPC facility of the University of Luxembourg, the ULHPC. This dissertation intends to underline the relevance of the legal coordination approach, between all actors and phases of the process, in order to develop and implement the Open Science paradigm, adhering to the underlying human and fundamental rights.

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The increase in the efficiency of agricultural machinery is a theme that attracted the attention and investments of the industrial and research community. In addition, in a global market, where the prices of agricultural commodities are so volatile and the prices of the inputs increase, farmers and agricultural contractors struggle to obtain at the end of the agricultural season a consolidated profit. For these reasons, it is important to carefully plan the usage of combine harvesters, to reduce the unproductive time and the input usage such as the fuel, that at the end of the harvesting season could increase costs. This study aims to develop an algorithm able to automatically identify and evaluate the time spent by the combines in each of the identified activities, identify the field boundaries of the harvested fields and perform a performance evaluation. To be able to develop the algorithm, during the harvesting seasons of 2020 and 2022, two combine harvesters operating in real-world conditions in Bologna’s Province were monitored. The data necessary to perform the analysis were acquired as CANBUS data and processed by using the MATLAB ® suite. The results obtained from this analysis show that the monitored combines have spent over 60% of the time performing harvesting activities, 13% of the time idling at the field, 10% performing headland turn, the 3% and 4% of the time respectively in transport on the field and road and 2% of the time in unloading. In addition, the performance of the monitored combines resulted similarly to the performance reported in other studies.

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Transition metal catalyzed cross-coupling reactions represent among the most versatile and useful tools in organic synthesis for the carbon-carbon (C-C) bond formation and have a prominent role in both the academic and pharmaceutical segments. Among them, palladium catalyzed cross-coupling reactions are currently the most versatile. In this thesis, the applications, impact and development of green palladium cross-coupling reactions are discussed. Specifically, we discuss the translation of the Twelve Principles of Green Chemistry and their applications in pharmaceutical organometallic chemistry to stimulate the development of cost-effective and sustainable catalytic processes for the synthesis of active pharmaceutical ingredients (API). The Heck-Cassar-Sonogashira (HCS) and the Suzuki-Miyaura (SM) protocols, using HEP/H2O as green mixture and sulfonated phosphine ligands, allowed to recycle and recover the catalyst, always guaranteeing high yields and fast conversion under mild conditions, with aryl iodides, bromides, triflates and chlorides. No catalyst leakage or metal contamination of the final product were observed during the HCS and SM reactions, respecting the very low limits for metal impurities in medicines established by the International Conference of Harmonization Guidelines Q3D (ICH Q3D). In addition, a deep understanding of the reaction mechanism is very important if the final target is to develop efficient protocols that can be applied at industrial level. Experimental and theoretical studies pointed out the presence of two catalytic cycles depending on the counterion, shedding light on the role of base in catalyst reduction and acetylene coordination in the HCS coupling. Finally, the development of a cross-coupling reaction to form aryldifluoronitriles in the presence of copper is discussed, highlighting the importance of inserting fluorine atoms within biological structures and the use of readily available metals such as copper as an alternative to palladium.