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.

Pseudodifferential analysis in Psi*-algebras on transmission spaces, infinite solving ideal chains and K-theory for conformally compact spaces

The present thesis is a contribution to the theory of algebras of pseudodifferential operators on singular settings. In particular, we focus on the $b$-calculus and the calculus on conformally compact spaces in the sense of Mazzeo and Melrose in connection with the notion of spectral invariant transmission operator algebras. We summarize results given by Gramsch et. al. on the construction of $Psi_0$-and $Psi*$-algebras and the corresponding scales of generalized Sobolev spaces using commutators of certain closed operators and derivations. In the case of a manifold with corners $Z$ we construct a $Psi*$-completion $A_b(Z,{}^bOmega^{1/2})$ of the algebra of zero order $b$-pseudodifferential operators $Psi_{b,cl}(Z, {}^bOmega^{1/2})$ in the corresponding $C*$-closure $B(Z,{}^bOmega^{12})hookrightarrow L(L^2(Z,{}^bOmega^{1/2}))$. The construction will also provide that localised to the (smooth) interior of Z the operators in the $A_b(Z, {}^bOmega^{1/2})$ can be represented as ordinary pseudodifferential operators. In connection with the notion of solvable $C*$-algebras - introduced by Dynin - we calculate the length of the $C*$-closure of $Psi_{b,cl}^0(F,{}^bOmega^{1/2},R^{E(F)})$ in $B(F,{}^bOmega^{1/2}),R^{E(F)})$ by localizing $B(Z, {}^bOmega^{1/2})$ along the boundary face $F$ using the (extended) indical familiy $I^B_{FZ}$. Moreover, we discuss how one can localise a certain solving ideal chain of $B(Z, {}^bOmega^{1/2})$ in neighbourhoods $U_p$ of arbitrary points $pin Z$. This localisation process will recover the singular structure of $U_p$; further, the induced length function $l_p$ is shown to be upper semi-continuous. We give construction methods for $Psi*$- and $C*$-algebras admitting only infinite long solving ideal chains. These algebras will first be realized as unconnected direct sums of (solvable) $C*$-algebras and then refined such that the resulting algebras have arcwise connected spaces of one dimensional representations. In addition, we recall the notion of transmission algebras on manifolds with corners $(Z_i)_{iin N}$ following an idea of Ali Mehmeti, Gramsch et. al. Thereby, we connect the underlying $C^infty$-function spaces using point evaluations in the smooth parts of the $Z_i$ and use generalized Laplacians to generate an appropriate scale of Sobolev spaces. Moreover, it is possible to associate generalized (solving) ideal chains to these algebras, such that to every $ninN$ there exists an ideal chain of length $n$ within the algebra. Finally, we discuss the $K$-theory for algebras of pseudodifferential operators on conformally compact manifolds $X$ and give an index theorem for these operators. In addition, we prove that the Dirac-operator associated to the metric of a conformally compact manifold $X$ is not a Fredholm operator.

Weighted Inequalities and Lipschitz Spaces

In this thesis I have characterized the trace measures for particular potential spaces of functions defined on R^n, but "mollified" so that the potentials are de facto defined on the upper half-space of R^n. The potential functions are kind Riesz-Bessel. The characterization of trace measures for these spaces is a test condition on elementary sets of the upper half-space. To prove the test condition as sufficient condition for trace measures, I had give an extension to the case of upper half-space of the Muckenhoupt-Wheeden and Wolff inequalities. Finally I characterized the Carleson-trace measures for Besov spaces of discrete martingales. This is a simplified discrete model for harmonic extensions of Lipschitz-Besov spaces.

On moduli spaces of semistable sheaves on K3 surfaces

Ich untersuche die nicht bereits durch die Arbeit "Singular symplectic moduli spaces" von Kaledin, Lehn und Sorger (Invent. Math. 164 (2006), no. 3) abgedeckten Fälle von Modulräumen halbstabiler Garben auf projektiven K3-Flächen - die Fälle mit Mukai-Vektor (0,c,0) sowie die Modulräume zu nichtgenerischen amplen Divisoren - hinsichtlich der möglichen Konstruktion neuer Beispiele von kompakten irreduziblen symplektischen Mannigfaltigkeiten. Ich stelle einen Zusammenhang zu den bereits untersuchten Modulräumen und Verallgemeinerungen derselben her und erweitere bekannte Ergebnisse auf alle offenen Fälle von Garben vom Rang 0 und viele Fälle von Garben von positivem Rang. Insbesondere kann in diesen Fällen die Existenz neuer Beispiele von kompakten irreduziblen symplektischen Mannigfaltigkeiten, die birational über Komponenten des Modulraums liegen, ausgeschlossen werden.

Knots and links in lens spaces

The aim of this dissertation is to improve the knowledge of knots and links in lens spaces. If the lens space L(p,q) is defined as a 3-ball with suitable boundary identifications, then a link in L(p,q) can be represented by a disk diagram, i.e. a regular projection of the link on a disk. In this contest, we obtain a complete finite set of Reidemeister-type moves establishing equivalence, up to ambient isotopy. Moreover, the connections of this new diagram with both grid and band diagrams for links in lens spaces are shown. A Wirtinger-type presentation for the group of the link and a diagrammatic method giving the first homology group are described. A class of twisted Alexander polynomials for links in lens spaces is computed, showing its correlation with Reidemeister torsion. One of the most important geometric invariants of links in lens spaces is the lift in 3-sphere of a link L in L(p,q), that is the counterimage of L under the universal covering of L(p,q). Starting from the disk diagram of the link, we obtain a diagram of the lift in the 3-sphere. Using this construction it is possible to find different knots and links in L(p,q) having equivalent lifts, hence we cannot distinguish different links in lens spaces only from their lift. The two final chapters investigate whether several existing invariants for links in lens spaces are essential, i.e. whether they may assume different values on links with equivalent lift. Namely, we consider the fundamental quandle, the group of the link, the twisted Alexander polynomials, the Kauffman Bracket Skein Module and an HOMFLY-PT-type invariant.

Moduli spaces of (G,h)-constellations

Given a reductive group G acting on an affine scheme X over C and a Hilbert function h: Irr G → N_0, we construct the moduli space M_Ө(X) of Ө-stable (G,h)-constellations on X, which is a common generalisation of the invariant Hilbert scheme after Alexeev and Brion and the moduli space of Ө-stable G-constellations for finite groups G introduced by Craw and Ishii. Our construction of a morphism M_Ө(X) → X//G makes this moduli space a candidate for a resolution of singularities of the quotient X//G. Furthermore, we determine the invariant Hilbert scheme of the zero fibre of the moment map of an action of Sl_2 on (C²)⁶ as one of the first examples of invariant Hilbert schemes with multiplicities. While doing this, we present a general procedure for the realisation of such calculations. We also consider questions of smoothness and connectedness and thereby show that our Hilbert scheme gives a resolution of singularities of the symplectic reduction of the action.

Higher order Sobolev Spaces and polyharmonic boundary value problems in Carnot Groups

The main task of this work is to present a concise survey on the theory of certain function spaces in the contexts of Hörmander vector fields and Carnot Groups, and to discuss briefly an application to some polyharmonic boundary value problems on Carnot Groups of step 2.

Inimmaginabile e progetto. Architettura e memoria nei luoghi della Deportazione

La memoria pubblica della Sho'ah è inscritta in una quantità proliferante di immagini e spazi memoriali. Ciò è riscontrabile in modo particolare nei principali "siti dello sterminio" assurti a simbolo nel corso degli anni, mentre molti altri "luoghi di memoria" della Deportazione soffrono di una condizione di intrinseca debolezza. Essa è riconducibile in primo luogo alla fragilità del dato materiale, i cui resti ormai privi di eloquenza risultano difficili da interpretare e conservare, in secondo luogo alla sovrapposizione di memorie concorrenti venutesi a determinare in conseguenza dei riusi successivi a cui queste strutture sono spesso andate soggette dopo la guerra, infine alla difficoltà di rendere espressione compiuta alla tragedia della Deportazione. Il caso del campo di Fossoli è paradigmatico: esso interroga la capacità del progetto di "dare forma" al palinsesto delle memorie, rendendo possibile il riconoscimento ed esplicitando una significazione delle tracce, senza aggiungere ulteriori interpretazioni. Lo spazio e il paesaggio, in quanto linguaggi indentitari, possono offrirsi come strumenti da questo punto di vista. Michel De Certeau vi fa riferimento quando afferma che lo spazio coincide con «l’effetto prodotto dalle operazioni che lo orientano, che lo circostanziano, o temporalizzano e lo fanno funzionare come unità polivalente di programmi conflittuali o di prossimità contrattuali». Lo spazio gioca un ruolo cruciale nel conformare l'esperienza del presente e allo stesso tempo nel rendere visibili le esperienze passate, compresse nella memoria collettiva. Lo scopo di questa ricerca è interrogare le potenzialità spaziali del luogo, considerate sotto il profilo culturale e semantico, come valida alternativa alla forma-monumento nella costruzione di una o più narrazioni pertinenti della memoria.

Fibered knots and links in lens spaces

La tesi propone alcuni esempi di link fibrati in spazi lenticolari. Sfruttando la compatibilità fra le mosse di chirurgia intera e la nozione di open book decomposition, si ricava un esempio di link fibrato prima in L(p,1), per poi generalizzarlo a L(p,q). Si conclude determinando una struttura di contatto equivalente alla open book relativa agli spazi del tipo L(p,1).

Cooperative Cognitive Wireless Networks over TV White and Gray Spaces

Wireless networks rapidly became a fundamental pillar of everyday activities. Whether at work or elsewhere, people often benefits from always-on connections. This trend is likely to increase, and hence actual technologies struggle to cope with the increase in traffic demand. To this end, Cognitive Wireless Networks have been studied. These networks aim at a better utilization of the spectrum, by understanding the environment in which they operate, and adapt accordingly. In particular recently national regulators opened up consultations on the opportunistic use of the TV bands, which became partially free due to the digital TV switch over. In this work, we focus on the indoor use of of TVWS. Interesting use cases like smart metering and WiFI like connectivity arise, and are studied and compared against state of the art technology. New measurements for TVWS networks will be presented and evaluated, and fundamental characteristics of the signal derived. Then, building on that, a new model of spectrum sharing, which takes into account also the height from the terrain, is presented and evaluated in a real scenario. The principal limits and performance of TVWS operated networks will be studied for two main use cases, namely Machine to Machine communication and for wireless sensor networks, particularly for the smart grid scenario. The outcome is that TVWS are certainly interesting to be studied and deployed, in particular when used as an additional offload for other wireless technologies. Seeing TVWS as the only wireless technology on a device is harder to be seen: the uncertainity in channel availability is the major drawback of opportunistic networks, since depending on the primary network channel allocation might lead in having no channels available for communication. TVWS can be effectively exploited as offloading solutions, and most of the contributions presented in this work proceed in this direction.

The performativity of nonviolent protest in South Asia (1918 - 1948)

This study seeks to address a gap in the study of nonviolent action. The gap relates to the question of how nonviolence is performed, as opposed to the meaning or impact of nonviolent politics. The dissertation approaches the history of nonviolent protest in South Asia through the lens of performance studies. Such a shift allows for concepts such as performativity and theatricality to be tested in terms of their applicability and relevance to contemporary political and philosophical questions. It also allows for a different perspective on the historiography of nonviolent protest. Using concepts, modes of analysis and tropes of thinking from the emerging field of performance studies, the dissertation analyses two different cases of nonviolent protest, asking how politics is performatively constituted. The first two sections of this study set out the parameters of the key terms of the dissertation: nonviolence and performativity, by tracing their genealogies and legacies as terms. These histories are then located as an intersection in the founding of the nonviolent. The case studies at the analytical core of the dissertation are: fasting as a method in Gandhi's political arsenal, and the army of nonviolent soldiers in the North-West Frontier Province, known as the Khudai Khidmatgar. The study begins with an overview of current theorisations of nonviolence. The approach to the subject is through an investigation of commonly held misconceptions about nonviolent action, such as its supposed passivity, the absence of violence, its ineffectiveness and its spiritual basis. This section addresses the lacunae within existing theories of nonviolence and points to possible fertile spaces for further exploration. Section 3 offers an overview of the different shades of the concept of performativity, asking how it is used in various contexts and how these different nuances can be viewed in relation to each other. The dissertation explores how a theory of performativity may be correlated to the theorisation of nonviolence. The correlations are established in four boundary areas: action/inaction, violence/absence of violence, the actor/opponent and the body/spirit. These boundary areas allow for a theorising of nonviolent action as a performative process. The first case study is Gandhi's use of the fast as a method of nonviolent protest. Using a close reading of his own writings, speeches and letters, as well as a reading of responses to his fast in British newspapers and within India, the dissertation asks what made fasting into Gandhi's most favoured mode of protest and political action. The study reconstructs his unique praxis of the fast from a performative perspective, demonstrating how display and ostentation are vital to the political economy of the fast. It also unveils the cultural context and historical reservoir of body practices, which Gandhi drew from and adapted into 'weapons' of political action. The relationship of Gandhian nonviolence to the body forms a crucial part of the analysis. The second case study is the nonviolent army of the Pashtuns, Khudai Khidmatgar (KK), literally Servants of God. This anti-imperialist movement in the North-West Frontier Province of what is today the border between Pakistan and Afghanistan existed between 1929 and 1948. The movement adopted the organisational form of an army. It conducted protest activities against colonial rule, as well as social reform activities for the Pashtuns. This group was connected to the Congress party of Gandhi, but the dissertation argues that their conceptualisation and praxis of nonviolence emerged from a very different tradition and worldview. Following a brief introduction to the socio-political background of this Pashtun movement, the dissertation explores the activities that this nonviolent army engaged in, looking at their unique understanding of the militancy of an unarmed force, and their mode of combat and confrontation. Of particular interest to the analysis is the way the KK re-combined and mixed what appear to be contradictory ideologies and acts. In doing so, they reframed cultural and historical stereotypes of the Pashtuns as a martial race, juxtaposing the institutional form of the army with a nonviolent praxis based on Islamic principles and social reform. The example of the Khudai Khidmatgar is used to explore the idea that nonviolence is not the opposite of violent conflict, but in fact a dialectical engagement and response to violence. Section 5, in conclusion, returns to the boundary areas of nonviolence: action, violence, the opponent and the body, and re-visits these areas on a comparative note, bringing together elements from Gandhi's fasts and the practices of the KK. The similarities and differences in the two examples are assessed and contextualised in relation to the guiding question of this study, namely the question of the performativity of nonviolent action.

Recycling the city: a sustainable planning framework to reduce, reuse and recycle urban residual spaces

Cities are key locations where Sustainability needs to be addressed at all levels, as land is a finite resource. However, not all urban spaces are exploited at best, and land developers often evaluate unused, misused, or poorly-designed urban portions as impracticable constraints. Further, public authorities lose the challenge to enable and turn these urban spaces into valuable opportunities where Sustainable Urban Development may flourish. Arguing that these spatial elements are at the centre of SUD, the paper elaborates a prototype in the form of a conceptual strategic planning framework, committed to an effective recycling of the city spaces using a flexible and multidisciplinary approach. Firstly, the research focuses upon a broad review of Sustainability literature, highlighting established principles and guidelines, building a sound theoretical base for the new concept. Hence, it investigates origins, identifies and congruently suggests a definition, characterisation and classification for urban “R-Spaces”. Secondly, formal, informal and temporary fitting functions are analysed and inserted into a portfolio meant to enhance adaptability and enlarge the choices for the on-site interventions. Thirdly, the study outlines ideal quality requirements for a sustainable planning process. Then, findings are condensed in the proposal, which is articulated in the individuation of tools, actors, plans, processes and strategies. Afterwards, the prototype is tested upon case studies: Solar Community (Casalecchio di Reno, Bologna) and Hyllie Sustainable City Project, the latter developed via an international workshop (ACSI-Camp, Malmö, Sweden). Besides, the qualitative results suggest, inter alia, the need to right-size spatial interventions, separate structural and operative actors, involve synergies’ multipliers and intermediaries (e.g. entrepreneurial HUBs, innovation agencies, cluster organisations…), maintain stakeholders’ diversity and create a circular process open for new participants. Finally, the paper speculates upon a transfer of the Swedish case study to Italy, and then indicates desirable future researches to favour the prototype implementation.