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Abstract: The present thesis is devoted to the immunity of Heads of State and high-ranking State officials, generally meaning the Heads of Government, and the Foreign Ministers, before the national and international courts, for international crimes as codified in the Rome Statute of the International Criminal Court (ICC), namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression, with partial touch upon the crime of torture as well. The introductory part lays out the prosecution of State officials throughout the history all the way to the World War II, the Nuremberg and Tokyo Trials, and the developments in the decades post-World War II, with the eventual establishment of the ICC. Afterwards, the definitions and list of international crimes are discussed. Following the arguments for the rationale behind immunity and the correlation between immunity and jurisdiction, I elaborate on the various types of immunity, such as State immunity – and its subcategories personal and functional immunities – and diplomatic immunity. Thereby, I discuss at length the range of seemingly outstanding questions relating to, e.g., the scope of State officials entitled to immunity ratione personae, whether the commission of international crimes constitute officials acts, whether the immunity of State precludes a lawsuit towards State for breaches of jus cogens norms by acts that qualify as acta jure imperii, whether the diplomatic immunity pertains to high-ranking State officials other than ambassadors and diplomatic agents, etc. The explanations of other, less debatable questions, such as the distinction between personal and functional immunities for international crimes before national courts, is also provided. In the following part, I analyse the immunity of the incumbent high-ranking State officials before international courts, with a particular focus set on the ICC and Article 27 of the Rome Statute. Emphasizing provisions concerning international cooperation and judicial assistance to the ICC, I bring up Article 98 of the Rome Statute as a counterweight to the rejection of immunity before the ICC, and consider the interplay between both, Articles 27 and 98. Another point of divergence here is the question of which States fall under the scope of the term ‘third State’ in Article 98 of the Rome Statute. Furthermore, the analysis of the Al-Bashir case is provided through the application of the United Nations (UN) Security Council Resolution 1593 (2005), as well as Articles 25 and 103 of the UN Charter. Additionally, I intend to provide a method of resolving some of the ambiguities stemming out of the seemingly contradicting Rome Statute provisions by applying the rules of treaty interpretation, in particular its subsidiary means, discerning the object and purpose of the Rome Statute through the lenses of its Preamble. In the final part, I have sought out various other concepts that could supersede the immunity of high-ranking State officials for international crimes, including the jus cogens international crime exception to immunity, the obligation aut dedere aut judicare, and the universal jurisdiction.
Keywords: State immunity, immunity ratione personae, immunity ratione materiae, Heads of State, high-ranking State officials, international crimes, international courts, International Criminal Court (ICC), Rome Statute, Al-Bashir case, UN Security Council
Published in DKUM: 23.07.2021; Views: 819; Downloads: 96
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Abstract: The aim of this doctoral research was to develop and optimize parenteral nanoemulsions as well as the total parenteral nutrition (TPN) admixture containing a nanoemulsion obtained in the course of the optimization process (hereinafter referred to as optimal nanoemulsion), and to examine their physicochemical and biological quality as well. In addition, the quality of the prepared nanoemulsions was compared with the quality of the industrial nanoemulsion (Lipofundin® MCT/LCT 20%), and, in the end, the TPN admixture initially prepared was also compared with the admixture into which the industrial emulsion was incorporated. Parenteral nanoemulsions that were considered in this dissertation were prepared by the high-pressure homogenization method. This method is the most widely applied method for the production of nanoemulsions due to the shortest length of homogenization time, the best-obtained homogeneity of the product and the smallest droplet diameter. For the nanoemulsion formulation, preparation and optimization purposes, by using, firstly, the concept of the computer-generated fractional design, and, after that, the full experimental design, the assessment of both direct effects of different formulation and process parameters (the oil phase type, the emulsifier type and concentration, a number of homogenization cycles and the pressure under which homogenization was carried out) as well as the effects of their interactions on the characteristics of prepared nanoemulsions was performed. Monitoring the nanoemulsion physical and chemical stability parameters was carried out immediately after their preparation, and then after 10, 30 and 60 days. It included the visual inspection, the measurement of the droplet diameter (the mean and volume droplet diameter), the polydispersity index, the ζ-potential, the pH value, the electrical conductivity, and the peroxide number. After the preparation and after 60 days, the biological evaluation (the sterility test and the endotoxic test) of the prepared nanoemulsions was carried out. As far as the characterization of the TPN admixture is concerned, it included practically the same parameters. The dynamics of monitoring the characteristics of the TPN admixture was determined on the basis of practical needs of hospitalized patients (0h, 24h and 72h). The scope and comprehensiveness of this issue indicated the need to divide the doctoral dissertation into three basic stages. The first stage was preliminary. Using the 24-1 fractional factorial design, nanoemulsions for the parenteral nutrition were prepared. They contained either a combination of soybean and fish oil, or a combination of medium chain triglycerides and fish oil. In addition, the type and the amount of an emulsifier used, a number of high-pressure homogenization cycles, and the homogenization pressure, were also varied. The measurement of the above-mentioned parameters for the industrial nanoemulsion was parallely carried out (Lipofundin® MCT/LCT 20%). The objective of this part of the research was to identify critical numerical factors having the most significant effect on the characteristics that define the prepared parenteral nanoemulsions. Parameters that were singled out as the result of this stage of the research (the emulsifier concentration and a number of homogenization cycles) were used as independent variables in the second stage of the research.
Keywords: nanoemulsions, total parenteral nutrition admixtures, high pressure homogenization, design of experiments, optimization, analysis of variance, artificial neural networks
Published in DKUM: 07.06.2019; Views: 11487; Downloads: 11
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Abstract: A geosynthetic, reinforced, piled embankment is an effective and economic method to solve the problems of possible bearing failure, unacceptable settlement and slope instability for an embankment built over soft soil; this has led to its widespread use, especially for high-speed railway embankments. Some design methods have been developed to assess the performance of these reinforced structures, which are mainly based on the results from small-scale models and numerical simulations. However, the reliability of these methods needs to be validated under full-scale field tests. This paper presents a numerical and analytical study for a full-scale field test of the Fengyang high-speed railway embankment. The results were analyzed and discussed in terms of the settlement of subsoil, the stressconcentration ratio (SCR), the axial force and the frictional stress of the pile. They showed that the settlement of the subsoil, from both the finite-element method (FEM) and the analytical method, were in good agreement with the measurement, and thus was a reliable parameter to assess the performance of the piled embankment with reasonable accuracy. The SCR was overestimated by the modified Terzaghi method, with a difference of 25%, while it was underestimated by the FEM, with a difference of approximately 20%. It was also shown that the tensile force in the reinforcement could be effectively assessed using the proposed analytical method, while it was overestimated by the FEM with a difference of 44%.
Keywords: reinforced piled embankment, high-speed railway, numerical simulation, analytical method
Published in DKUM: 15.06.2018; Views: 1233; Downloads: 98
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Abstract: The present study assesses high squeezing ground confirmed by empirical and semi-empirical theories. High squeezing ground is often present in underground constructions at great depths, but it is hardly ever researched separately from light and fair squeezing ground. A three-dimensional, static numerical model is developed for a complex underground structure consisting of a shaft, a silo, and a mine roadway at great depth, which is certainly in high squeezing ground. Furthermore, a solution for the entire structure based on shotcrete with incorporated yielding elements is provided. The yielding elements, in general, absorb the strain energy by compressing at a relatively constant stress, but without rebounding. A three-dimensional, static numerical model of a support system with incorporated yielding elements is established in order to demonstrate that the presented forces are under control. Therefore, a failure of the lining is avoided because the stresses in the shotcrete lining are below its load-bearing capacity. It can be concluded that yielding elements incorporated in the shotcrete lining play an important role in the support solution in high squeezing ground.
Keywords: high squeezing ground, numerical model, underground structures, deformations, yielding support element
Published in DKUM: 14.06.2018; Views: 877; Downloads: 80
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Abstract: The yielding locus of a well-graded silty sand was analysed by means of isotropic compression tests and scanning electron microscopy (SEM). The tests were performed with precise instrumentation, for internal and external strain measurements, and shear-wave velocity measurements by means of bender elements. Finally, aiming at an accurate evaluation of the yield stress, four different methods were applied – two quite well know and the other two being innovative – leading to interesting conclusions.
Keywords: silty sand, yield point, isotropic compression, high pressure, seismic waves
Published in DKUM: 13.06.2018; Views: 869; Downloads: 79
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