Paradoxes of Urban Housing Informality in the Developing World

This article addresses a series of paradoxes regarding informal settlements in cities in the developing world and their relation with the legal system. The first paradox regards the penalization of illegal land occupations on the one hand versus the legalization of that same practice on the other. Second, it looks at the relationship between land occupations as systematic violations of property rights, but with the goal of forming new property rights and thus paradoxically supporting private property as a substantive principle. Third, the reasoning behind the fact that the same system that denies legal access to housing for poor sectors simultaneously attempts to incorporate informal settlements in an ad hoc manner through legalization schemes is examined. It is shown that there is a logic to these paradoxes, which, although contradictory from standard legal perspectives, can be accommodated within a theoretical framework that distinguishes an internal normative order operating within informal settlements, from the state legal system, operative outside it. The proposed framework not only settles the paradoxes, but, this article concludes, can also guide attempts to deal with the enormous anticipated growth of informality in the developing world.     

The identification of individuals by observational gait analysis using closed circuit television footage

This study investigated the ability of individuals with experience in gait analysis to identify people by observing features of gait recorded by closed circuit television cameras (CCTV). Seven experienced analysts each viewed five samples of footage. Each sample showed a “target walker” and five “suspect walkers.” The task of the experienced analysts was to determine which, if any, of the “suspect walkers” was the “target walker.” All of the participant “walkers” wore identical loose fitting clothing to mask anatomical and body contour features, and balaclavas to obscure facial features. The overall results showed that the experienced analysts made a correct decision in 124 of 175 cases (71%), significantly better than would have been expected to have occurred by chance (p < 0.05). A significant variation in correct decisions (p < 0.05) was shown to occur between the various angles from which the footage was recorded, footage recorded in the saggital plane showing the highest number of correct decisions. Significantly more correct decisions (p < 0.05) were also shown to occur when the footage of the “target walker” and that of the “suspect walker” were taken from the same angle. The results suggest that individuals with experience in gait analysis perform well in the comparative identification of suspects from CCTV footage, and therefore do have a role to play as expert witnesses in this field.     

Environmental Technology Transfer and Dissemination under the UNFCCC: Achievements and New Perspectives

Response to climate change will critically depend on the cost, performance, and availability of technologies that can lower emissions, mitigate, and adapt to climate change. Technological innovation can furthermore lower the cost of achieving environmental objectives. However, and although issues of technology transfer have been central to the United Nations Framework Convention on Climate Change (UNFCCC) since the negotiation of the convention, there is still an urgent need for effective environmental technology diffusion. Building upon lessons learned from technology transfer activities under the Clean Development Mechanism and the Global Environment Facility, the article suggests three possible solutions for enhanced environmental technology diffusion within the UNFCCC regime. First, it advocates in favor of a simplification of the transfer scheme within the convention's bodies, in order to save resources and better allocate responsibilities. Second, it makes some recommendations with respect to technology transfer through the Green Climate Fund. Third, it suggests that the creation of an environmental patents’ pool would help to ensure access to key environmental technologies. To this respect, the article concludes that in order to ensure the full participation of the private sector, right holders should be paid a fair royalty. Therefore, a model where rights would be bought out and then made available to parties through a patent pool is recommended.     

Retropharyngeal Hematoma Secondary to Cervical Spine Surgery: Report of One Fatal Case

A 53‐year‐old woman suffering from radicular pain due to cervical herniation underwent a spinal surgery consisting of anterior cervical discectomy and fusion with an implantable titanium cage. Five hours after the procedure, the patient developed cervical swelling and dyspnea. An emergency surgery permitted evacuation of a deep cervical hematoma and intubation of the patient, who died some minutes later. The family of the deceased lodged a complaint with the public prosecutor because of unclear circumstances of death. After analysis of the medical records by two forensic pathologists, a medicolegal autopsy was ordered. Massive retropharyngeal and mediastinal hematomas were diagnosed. Pathological study confirmed acute cervical hemorrhage, but failed to detect the source of bleeding. The forensic pathologists concluded that death was due to mechanical asphyxia secondary to pharyngeal compression by the cervical hematoma. To the best of our knowledge, death secondary to retropharyngeal hematoma in this neurosurgical context is rarely encountered.     

Gebührenanspruch des Sachverständigen,keine telefonische Geltendmachung

Bei der Geltendmachung eines Gebührenanspruches eines nichtamtlichen Sachverst?ndigen handelt es sich – im Hinblick auf die durch § 38 Abs 1 GebAG 1975 vorgegebene Frist – um ein "Anbringen", das an eine Frist gebunden und somit iSd § 13 Abs 1 zweiter Satz AVG schriftlich einzubringen ist. Von diesem Grundsatz der Schriftlichkeit macht jedoch § 38 Abs 1 erster Satz GebAG 1975 insofern eine Ausnahme, als dort ausdrücklich (und im Einklang mit § 13 Abs 1 erster Satz AVG) auch die mündliche Antragstellung erm?glicht wird. Eine telefonische Antragstellung – wie im § 13 Abs 1 erster Satz AVG gesondert erw?hnt – ist jedoch vom Gesetz nicht vorgesehen, sodass § 13 Abs 1 letzter Satz AVG nicht heranzuziehen ist.     

Lehrer,Sabbatical, Pensionsbeiträge

Die durch § 12g GehG 1956 bewirkten Reduktionen der Bezüge des Lehrers w?hrend seines Sabbaticals gem § 78e iVm § 213a BDG 1979 stellen "durch die Herabsetzung entfallene Bezüge und Sonderzahlungen" im Verst?ndnis des § 116d Abs 3 S 1 GehG 1956 dar.     

THE TYPOLOGY OF FISCAL DECENTRALISATION SYSTEM: A CLUSTER ANALYSIS APPROACH

The article suggests a novel theoretical framework for empirical measurement of fiscal decentralisation by taking the viewpoint that fiscal decentralisation should be regarded as a system. Then, we review in detail several institutional arrangements regarding fiscally decentralised systems including the following: federal versus unitary state, numbers of tiers of governments, taxing power, borrowing power and independence of local officials. After identifying these institutional arrangements, we can group different countries with similar institutionally fiscal decentralisation systems together in broad categories by using cluster analysis. This analysis reveals a typology of fiscally decentralised systems (FDS): high expenditure/revenue assignment FDS, low expenditure/revenue assignment FDS, revenue transfer FDS, most complete FDS, politically centralised FDS and unitary state FDS. We then employ regression analysis to examine the performance for each type of fiscal decentralisation system. Our empirical findings suggest that most complete FDS is positively associated with selective economic performance as well as various public governance indicators. Copyright © 2011 John Wiley & Sons, Ltd.