original acquisition
Recently Published Documents


TOTAL DOCUMENTS

41
(FIVE YEARS 10)

H-INDEX

6
(FIVE YEARS 1)

2021 ◽  
pp. 68-79
Author(s):  
Ryan D. Griffiths

This chapter discusses the secessionist efforts of the Murrawarri Republic, a leading example of the indigenous legal secessionist kind. Like the Catalans, the Murrawarri are using the institutional/electoral features of the state to seek their goal, but they are stressing a different normative appeal that rejects the application of terra nullius when their lands were originally claimed by Great Britain. To understand how the somewhat archaic concept of terra nullius became a core argument of contemporary Australian secessionist movements, the chapter reviews legal developments in the past few decades between aboriginals and the state. The chapter then investigates how the members of the indigenous challenge the original acquisition of their land on legal grounds and how their efforts become quite legalistic, perhaps more so than with other types of secessionism. Ultimately, the chapter argues that the Murrawarri Republic is an important addition to the study as it demonstrates a particular configuration of factors. It highlights the same tactic of compellence of the indigenous legal movements and the democratized movement, which is to use the institutions of the state.


2021 ◽  
pp. 59-86
Author(s):  
Billy Christmas
Keyword(s):  

2020 ◽  
Vol 12 (3) ◽  
pp. 288-316
Author(s):  
Daniela De Freitas Lima ◽  
Almir Mariano de Sousa Junior

ResumoA ausência de ordenamento territorial nas cidades é proveniente da falta de planejamento do uso e ocupação do solo, o que resulta em problemas de ordem social, econômica, infraestrutural, legal, dentre os quais podemos citar a Irregularidade Fundiária, que acomete o espaço urbano em nível global. O objetivo deste trabalho é discutir as principais e mais recentes legislações que tratam da Regularização Fundiária Urbana no Brasil. Para tanto, foram analisadas as semelhanças, diferenças, alterações e incrementos entre as leis 11.977/2009 e 13.465/2017. A lei 13.465/2017 é regulamentada pelo decreto 9.310/2018 e tem como das principais inovações, quando comparada com a Lei 11.977/2009, a instituição do instrumento legitimação fundiária, que reconhece a aquisição originária do direito real de propriedade. Verifica-se que a lei 13.465/2017 simplifica e reduz custos do processo de Regularização Fundiária realizado através do Poder Público ao eliminar procedimentos antes adotados pelos Programas e entidades que utilizaram a lei 11.977/2009 como balizadora, buscando ampliar as práticas de legalização da terra urbana. Logo, considerando os benefícios que a Regularização Fundiária Urbana oferece para a cidade e seus habitantes, há a urgente necessidade da concreta aplicação de seus marcos regulatórios para que se atenue o panorama irregular urbano atual.Palavras-Chave: Irregularidade Fundiária. Direito à Cidade. Ordenamento territorial. Legislaçãourbana. Vulnerabilidade Socioespacial. AbstractThe lack of territorial ordering in cities comes from the lack of planning for the use and occupation of land, which results in problems of a social, economic, infrastructural, legal order, among which we can mention the Land Irregularity. The objective of this work is to discuss the main and most recent legislation that deal with urban land regularization in Brazil. For this purpose, the similarities, differences, changes and increases contained between laws 11,977/2009 and 13,465/2017 were analyzed, through the interpretation and comparation and of their redactions. Law 13,465/2017 is regulated by decree 9.310/2018 and has as one main innovation, when compared to Law 11,977/2009, the institution of land ownership instruments, which recognizes the original acquisition of real property rights. Law 13,465/2017 simplifies and reduces costs of the land regularization process by eliminating procedures previously adopted by the Programs and entities that used law 11,977/2009 as a beacon, seeking to extend the legalization practices of urban land. Therefore, considering the benefits that urban land regularization offers to the city and its inhabitants, there is an urgent need to concretely apply its regulatory frameworks so as to attenuate the current urban irregular landscape.Keywords: Land Irregularity. Right to the City. Land use planning. Urban legislation. Socio-spatial Vulnerability.


2020 ◽  
Author(s):  
Giulia Maria Rita De Luca ◽  
Jan Habraken

Abstract Some of the parameters used for the quantification of Positron Emission Tomography (PET) images are the Standardized Uptake Value (SUV)Max, SUV Mean and SUV Peak. In order to assess the significance of an increasing or decreasing of these parameters for diagnostic purposes it is relevant to determine their standard deviation. In this study we present a method to determine the range of statistical variation of the SUV in PET images. Our method is based on dividing an original dataset into subsets of shorter time-frames. The variation between the SUV parameters of the subsets is used to estimate the standard deviation of the of the original acquisition. This method was tested on images of a NEMA quality phantom with acquisition time of 150 s per bed position and foreground to background activity ratio of F18-2-fluoro-2-deoxy-D-glucose (FDG) of 10:1. This original dataset has been reconstructed with different reconstruction lengths, generating new data subsets. The SUV Max, Mean and Peak were calculated for each image in the subsets. Their standard deviation has been calculated per subset for the different spheres included in the phantom. The variation of each subset has then been used to estimate the expected variation between images at 150 s reconstruction length. We report the largest standard deviation of the SUV parameters for the smallest sphere, and the smallest variation for the largest sphere. The expected variation at 150 s reconstruction length does not exceed 6% for the smallest sphere and 2% for the largest sphere, but we report an higher coefficient of variation (up to 30%) for shorter reconstruction lengths. We also report significant differences in the variation of SUV parameters for the larger spheres. With the presented method we are able to determine the standard deviation of SUV parameters only due to and the statistical variation. The method enables us to evaluate the effect of parameter selection and lesion size on the standard deviation, and therefore to evaluate its relevance on the total variation of the SUV value between studies.


2020 ◽  
Author(s):  
Giulia Maria Rita De Luca ◽  
Jan B.A. Habraken

Abstract Some of the parameters used for the quantification of PET images are the Standardized Uptake Value (SUV)Max, SUVMean and SUVPeak. In order to assess the significance of an increasing or decreasing of these parameters for diagnostic purpose it is relevant to determine their standard deviation. In this study we present a method to determine the standard deviation of the SUV. Our method is based on dividing an original dataset into subsets of shorter time length. The variation between the SUV parameters of the subsets is used to estimate the standard deviation of the of the original acquisition. This method was tested on images of a NEMA quality phantom with acquisition time of 150 s per bed position and foreground to background activity ratio of 10:1. This original dataset has been reconstructed with different reconstruction lengths, generating new data subsets. The SUVMax, Mean and Peak were calculated for each image in the subsets. Their standard deviation has been calculated per subset for the different spheres included in the phantom. The variation of each subset has then been used to estimate the expected variation between images at 150 s reconstruction length. We report the largest standard deviation of the SUV parameters for the smallest sphere, and the smallest variation for the largest sphere. The expected variation at 150 s reconstruction length does not exceed 6% for the smallest sphere and 2% for the largest sphere. We also report a larger variation in SUVMax then in SUVMean and SUVPeak. This is in line with expectations that the standard deviation of the SUV Mean or SUVPeak parameter is lower, since the value of more voxels is included in the calculation, as opposed to the SUVMax, where a single voxel is decisive. With the presented method we are able to determine the standard deviation of SUV parameters and to evaluate the effect of parameter selection and lesion size on the standard deviation, and therefore to evaluate its relevance on the total variation of the SUV value between studies.


2019 ◽  
Vol 12 (3) ◽  
pp. 387-407
Author(s):  
Daniel Schwartz

AbstractThis article examines whether discovery could, contrary to common philosophical opinion, be taken seriously as a ground of territorial rights. I focus on the discovery of uninhabitable lands such as found in the Arctic. After surveying the role of discovery in Roman private law and modern international law, I turn to Locke's well-known theory or original acquisition. I argue that many of the justifications that do the work in Locke's theory also apply to discovery. I then discuss some of the many reasons why discovery may seem unpromising as a ground of original acquisition. I close by arguing that if there is a bridge mechanism by which property can legitimately transform into territory and if, at least in some circumstances, discovery can produce property rights, then it would follow that in some circumstances discovery could also produce territorial rights.


Land ◽  
2019 ◽  
Vol 8 (8) ◽  
pp. 126
Author(s):  
Laura S. Meitzner Yoder ◽  
Sandra F. Joireman

Land restitution carries implicit recognition of some previous claim to ownership, but when are first claims recognized? The concepts of first possession and original acquisition have long been used as entry points to Western concepts of property. For Austronesia, the concept of precedence is used in customary systems to justify and describe land claims and Indigenous authority. Conflict and political change in Timor-Leste have highlighted the co-existence of multiple understandings of land claims and their legitimacy. Considering customary principles of precedence brings into relief important elements of first possession important in land restitution processes. This paper juxtaposes the concept of original acquisition in property theory to two different examples of original claims from Timor-Leste: a two-part customary origin narrative from Oecusse and the development of a national land law for the new state. In these three narratives, we identify three different establishment events from which land authority develops. The article then uses this idea of the establishment event to explore five points of customary-statutory intersection evident from the land restitution process: (1) legitimate sources of land authority; (2) arbitrary establishment dates; (3) privileging of social order; (4) recognition of spiritual ties to land; and (5) the possibility for reversal.


2019 ◽  
Vol 11 (13) ◽  
pp. 1527 ◽  
Author(s):  
Dominique Fasbender ◽  
Blanka Vajsová ◽  
Csaba Wirnhardt ◽  
Slavko Lemajic

Emergence of new state-of-the-art technologies has enabled an unprecedented amount of high spatial resolution satellite data having great potential for exploitation of extracted time series for a vast range of applications. Despite the high temporal resolution of time series, the number of real observations of optical data that can be utilized is reduced due to meteorological conditions (such as cloud or haze) prevailing at the time of acquisition. This fact has an effect on the density of the retrieved time series and subsequently on a number of coincidental observations when comparing the similarity of time series from two different data sources for which the simultaneous acquisition date is already scarce. Classical tools for assessing the similarity of such time series can prove to be difficult or even impossible because of a lack of simultaneous observations. In this paper, we propose a simple method in order to circumvent this scarcity issue. In the first step, we rely on an interpolation in order to produce artificial time series on the union of the original acquisition dates. Then, we extend the theory of the correlation coefficient (CC) estimator to these interpolated time series. After validation on synthetic data, this simple approach proved to be extremely efficient on a real case study where Sentinel-2 and PlanetScope NDVI time series on parcels in The Netherlands are compared. Indeed, compared to other methods, it reduced the number of undecided cases while also improving the power of the statistical test on the similarity between both types of time series and the precision of the estimated CC.


Sign in / Sign up

Export Citation Format

Share Document