Reparation and enforcement of judgments : a comparative analysis of the European and Inter-American human rights systems

The inter-American human rights system has been conceived following the example of the European system under the European Convention on Human Rights (ECHR) before it was modified by Protocol No 11. However, two important differences exist. First, the authority of the European Court of Human Rights (ECtHR) to order reparation has been strictly limited by the principle of subsidiarity. Thus, the ECtHR's main function is to determine whether the ECHR has been violated. Beyond the declaratory effect of its judgments, according to Article 41 ECHR, it may only "afford just satisfaction to the injured party". The powers of the Inter-American Court of Human Rights (IACtHR) were conceived in a much broader fashion in Article 63 of the American Convention on Human Rights (ACHR), giving the Court the authority to order a variety of individual and general measures aimed at obtaining restitutio in integrum. The first main part of this thesis shows how both Courts have developed their reparation practice and examines the advantages and disadvantages of each approach. Secondly, the ECtHR's rather limited reparation powers have, interestingly, been combined with an elaborate implementation system that includes several of the Council of Europe's organs, principally the Committee of Ministers. In the Inter-American System, no dedicated mechanism was implemented to oversee compliance with the IACtHR's judgments. The ACHR limits itself to inviting the Court to point out in its annual reports the cases that have not been complied with and to propose measures to be adopted by the General Assembly of the Organization of American States. The General Assembly, however, hardly ever took action. The IACtHR has therefore filled this gap by developing a proper procedure to oversee compliance with its judgments. Both the European and the American solutions to ensure compliance are presented and compared in the second main part of this thesis. Finally, based on the results of both main parts, a comparative analysis of the reparation practice and the execution results in both human rights systems is being provided, aimed at developing proposals for the improvement of the functioning of either human rights protection system.

Computational studies on the structure and stabilities of magnetic inter-metallic compounds

The purpose of this thesis is to further the understanding of the structural, electronic and magnetic properties of ternary inter-metallic compounds using density functional theory (DFT). Four main problems are addressed. First, a detailed analysis on the ternary Heusler compounds is made. It has long been known that many Heusler compounds ($X_2YZ$; $X$ and $Y$ transition elements, $Z$ main group element) exhibit interesting half-metallic and ferromagnetic properties. In order to understand these, the dependence of magnetic and electronic properties on the structural parameters, the type of exchange-correlation functional and electron-electron correlation was examined. It was found that almost all Co$_2YZ$ Heusler compounds exhibit half-metallic ferromagnetism. It is also observed that $X$ and $Y$ atoms mainly contribute to the total magnetic moment. The magnitude of the total magnetic moment is determined only indirectly by the nature of $Z$ atoms, and shows a trend consistent with Slater-Pauling behaviour in several classes of these compounds. In contrast to experiments, calculations give a non-integer value of the magnetic moment in certain Co$_2$-based Heusler compounds. To explain deviations of the calculated magnetic moment, the LDA+$U$ scheme was applied and it was found that the inclusion of electron-electron correlation beyond the LSDA and GGA is necessary to obtain theoretical description of some Heusler compounds that are half-metallic ferromagnets. The electronic structure and magnetic properties of substitutional series of the quaternary Heusler compound Co$_2$Mn$_{1-x}$Fe$_x$Si were investigated under LDA+$U$. The calculated band structure suggest that the most stable compound in a half-metallic state will occur at an intermediate Fe concentration. These calculated findings are qualitatively confirmed by experimental studies. Second, the effect of antisite disordering in the Co$_2$TiSn system was investigated theoretically as well as experimentally. Preservation of half-metallicity for Co$_2$TiSn was observed with moderate antisite disordering and experimental findings suggest that the Co and Ti antisites disorder amounts to approximately 10~% in the compound. Third, a systematic examination was carried out for band gaps and the nature (covalent or ionic) of bonding in semiconducting 8- and 18-electron or half-metallic ferromagnet half-Heusler compounds. It was found that the most appropriate description of these compounds from the viewpoint of electronic structures is one of a $YZ$ zinc blende lattice stuffed by the $X$ ion. Simple valence rules are obeyed for bonding in the 8- and 18-electron compounds. Fourth, hexagonal analogues of half-Heusler compounds have been searched. Three series of compounds were investigated: GdPdSb, GdAutextit{X} (textit{X} = Mn, Cd and In) and EuNiP. GdPdSb is suggested as a possible half-metallic weak ferromagnet at low temperature. GdAutextit{X} (textit{X} = Mn, Cd and In) and EuNiP were investigated because they exhibit interesting bonding, structural and magnetic properties. The results qualitatively confirm experimental studies on magnetic and structural behaviour in GdPdSb, GdAutextit{X} (textit{X} = Mn, Cd and In) and EuNiP compounds. ~

Microscopic and spectroscopic analysis of biogenic aerosols

Aerosol particles are important actors in the Earth’s atmosphere and climate system. They scatter and absorb sunlight, serve as nuclei for water droplets and ice crystals in clouds and precipitation, and are a subject of concern for public health. Atmospheric aerosols originate from both natural and anthropogenic sources, and emissions resulting from human activities have the potential to influence the hydrological cycle and climate. An assessment of the extent and impacts of this human force requires a sound understanding of the natural aerosol background. This dissertation addresses the composition, properties, and atmospheric cycling of biogenic aerosol particles, which represent a major fraction of the natural aerosol burden. The main focal points are: (i) Studies of the autofluo-rescence of primary biological aerosol particles (PBAP) and its application in ambient measure-ments, and (ii) X-ray microscopic and spectroscopic investigations of biogenic secondary organic aerosols (SOA) from the Amazonian rainforest.rnAutofluorescence of biological material has received increasing attention in atmospheric science because it allows real-time monitoring of PBAP in ambient air, however it is associated with high uncertainty. This work aims at reducing the uncertainty through a comprehensive characterization of the autofluorescence properties of relevant biological materials. Fluorescence spectroscopy and microscopy were applied to analyze the fluorescence signatures of pure biological fluorophores, potential non-biological interferences, and various types of reference PBAP. Characteristic features and fingerprint patterns were found and provide support for the operation, interpretation, and further development of PBAP autofluorescence measurements. Online fluorescence detection and offline fluorescence microscopy were jointly applied in a comprehensive bioaerosol field measurement campaign that provided unprecedented insights into PBAP-linked biosphere-atmosphere interactions in a North-American semi-arid forest environment. Rain showers were found to trigger massive bursts of PBAP, including high concentrations of biological ice nucleators that may promote further precipitation and can be regarded as part of a bioprecipitation feedback cycle in the climate system. rnIn the pristine tropical rainforest air of the Amazon, most cloud and fog droplets form on bio-genic SOA particles, but the composition, morphology, mixing state and origin of these particles is hardly known. X-ray microscopy and spectroscopy (STXM-NEXAFS) revealed distinctly different types of secondary organic matter (carboxyl- vs. hydroxy-rich) with internal structures that indicate a strong influence of phase segregation, cloud and fog processing on SOA formation, and aging. In addition, nanometer-sized potassium-rich particles emitted by microorganisms and vegetation were found to act as seeds for the condensation of SOA. Thus, the influence of forest biota on the atmospheric abundance of cloud condensation nuclei appears to be more direct than previously assumed. Overall, the results of this dissertation suggest that biogenic aerosols, clouds and precipitation are indeed tightly coupled through a bioprecipitation cycle, and that advanced microscopic and spectroscopic techniques can provide detailed insights into these mechanisms.rn