Chapter I introduces the Vancouver Island or ‘Douglas’ Treaties of 1850-54, entered into between several Vancouver Island First Nations and Hudson’s Bay Company Chief Factor, James Douglas, acting as agent of the Crown. The written versions purported to extinguish the aboriginal title of the First Nations to their land. Recent research has indicated that these documents do not accurately reflect what was agreed between the parties at the treaty meetings. The goal of the dissertation is to ascertain the likely terms of the treaties. This task also posed my major research challenge, as very little contemporaneous documentation exists of the formation of the treaties. There are a number of first- and second-hand accounts reduced to writing long after the events described, but they have received little attention from scholars until now. Chapter II is devoted to a critical analysis and comparison of the extant First Nation and colonial accounts, from which I conclude that the treaties were likely agreements by the First Nations to share not cede their land. Chapter III makes a comparison with first person accounts of the Washington or ‘Stevens’ Treaties of 1854-55, entered into between vii viii Native American tribes and the United States government. I conclude that these accounts bolster the likelihood that the Vancouver Island agreements were sharing treaties. Chapter IV follows up on a fascinating connection between the written versions of the Vancouver Island Treaties and an agreement concerning land between the Ngai Tahu Moari of New Zealand’s south island and Henry Kemp, acting as agent of the Crown. The comparison provides a number of useful contrasts and parallels with the Vancouver Island Treaties. Chapter V describes the silencing of the Vancouver Island Treaties by the policies of successive governments, the inattention of scholars and the decisions of Canadian courts. Finally, Chapter VI reviews existing and potential categories of historical treaties between First Nations and the Crown. By analogy with treaty categories in international law and the work of political and legal theorists, I make the case for the Vancouver Island Treaties as examples of modus vivendi (interim or framework agreements). / Graduate / 2017-02-24

Une méthode de dépôt de platine sur or a récemment été développée. Le substrat est, dans une première phase, modifié par un dépôt d’un métal moins noble que le platine, tel que le cuivre ou le plomb. Ce dépôt métallique est, dans une seconde phase, mis en contact avec une solution de sel de platine et la substitution spontanée du cuivre ou du plomb par du platine métallique se produit.<p><p>\ / Doctorat en Sciences / info:eu-repo/semantics/nonPublished

Doctor of Philosophy / Secondary Education / Charles E. Heerman / This study is a follow-up to Al-Fadda's (2004) investigation of middle school teacher's perceptions of the importance of reading methods. The primary research question to be addressed in this study was: What are ELL and LD teachers' perceptions of the importance of specific reading strategies for their respective types of students? To address this question the researcher developed a survey with five demographic questions and 44 reading methods based on the framework of the COBRA model developed by Heerman (2002). The researcher administered the survey to public middle and junior high school ELL and LD teachers from Kansas, New Mexico, Oklahoma, and Texas and compared the two groups' perceptions of the importance of several reading strategies. Analysis of the results showed that there was a 60% agreement rate between the two teacher groups (no significant differences) for three of the COBRA goals (background knowledge, comprehension, and study and application) and a 40% difference rate between the two teacher groups (significant differences) for two of the COBRA goals (experiential learning and vocabulary). For the 44 survey items, there was an agreement rate of 82.82%, and a difference rate of 17.18%. The researcher concludes that there were more similarities than differences between ELL teachers' and LD teachers' perceptions of the importance of the surveyed reading methods, however, there were also real differences. The researcher found justification for the belief that ELL and LD teachers should be considered specialist teachers when it comes to rating the relative importance of reading methods. ELL teachers appear to be inclined to use reading methods related to language, experience, and vocabulary methods. The results also reveal that LD teachers appear to be inclined to use reading methods related to intervention strategies with conferencing, coaching, compensatory methods, specific skills development and memory processes. In addition, the researcher noted a large number of methods with small mean differences, showing the certain levels of agreement between the two teacher groups. In terms of the five teacher variables, percentage of ELL students, percentage of low-income students and school enrollment proved to be the least active variables but the teacher variables of teachers' education levels and teachers' experience levels were more active.

Um dos modelos mais usados para descrever problemas de planejamento probabilístico, i.e., planejamento de ações com efeitos probabilísticos, é o processo de decisão markoviano (Markov Decision Process - MDP). Soluções tradicionais são baseadas em programação dinâmica, sendo as mais ecientes aquelas baseadas em programação dinâmica em tempo real (Real-Time Dynamic Programming - RTDP), por explorarem somente os estados alcançáveis a partir de um dado estado inicial. Por outro lado, existem soluções ecientes baseadas em métodos de busca heurística em um grafo AND/OR, sendo que os nós AND representam os efeitos probabilísticos das ações e os nós OR representam as escolhas de ações alternativas. Tais soluções também exploram somente estados alcançáveis a partir de um estado inicial porém, guardam um subgrafo solução parcial e usam programação dinâmica para a atualização do custo dos nós desse subgrafo. No entanto, problemas com grandes espaços de estados limitam o uso prático desses métodos. MDPs fatorados permitem explorar a estrutura do problema, representando MDPs muito grandes de maneira compacta e assim, favorecer a escalabilidade das soluções. Neste trabalho, apresentamos uma análise comparativa das diferentes soluções para MDPs, com ênfase naquelas que fazem busca heurística e as comparamos com soluções baseadas em programação dinâmica assíncrona, consideradas o estado da arte das soluções de MPDs. Além disso, propomos um novo algoritmo de busca heurística para MDPs fatorados baseado no algoritmo ILAO* e o testamos nos problemas da competição de planejamento probabilístico IPPC-2011. / One of the most widely used models to describe probabilistic planning problems, i.e., planning of actions with probabilistic eects, is the Markov Decision Process - MDP. The traditional solutions are based on dynamic programming, whereas the most ecient solutions are based on Real-Time Dynamic Programming - RTDP, which explore only the reachable states from a given initial state. Moreover, there are ecient solutions based on search methods in a AND/OR graph, where AND nodes represent the probabilistic eects of an action and OR nodes represent the choices of alternative actions. These solutions also explore only reachable states but maintain the parcial subgraph solution, using dynamic programming for updating the cost of nodes of these subgraph. However, problems with large state spaces limit the practical use of these methods. Factored representation of MDPs allow to explore the structure of the problem, and can represent very large MDPs compactly and thus improve the scalability of the solutions. In this dissertation, we present a comparative analysis of dierent solutions for MDPs, with emphasis on heuristic search methods. We compare the solutions which are based on asynchronous dynamic programming which are also considered the state of the art. We also propose a new factored algorithm based on the search algorithm ILAO*. It is also tested by using the problems of the International Probabilistic Planning Competition IPPC-2011.

General approach of international law to torture Abstract The prohibition of torture exists at national and international level. The author focuses only on the general approach of international law to torture. He analyzes the individual elements of the definitions of torture contained in international documents. At the same time, he does not forget to mention the cruel, inhuman or degrading treatment or punishment that is inextricably linked to torture. He also highlights the importance of the threat of torture, which may under certain conditions separately constitute torture. He provides an overview of the current international regulation of the prohibition of torture enshrined not only in international human rights treaties, but also in the field of international humanitarian law and international criminal law. He also emphasizes the reflection of international regulation in the practice of individual protection mechanisms ensuring effective control over compliance with the prohibition of torture, specifically universal, European, Inter-American, African and other functioning mechanisms. Also, he places torture in the context of crimes under international law. He refers to the practice of the International Criminal Court and ad hoc criminal tribunals, which have even granted status of jus cogens to the...

The "unwilling or unable" doctrine and the right of self-defence against non- state actors ABSTRACT For several decades, the fight against international terrorism has been a major challenge for the entire international community. States try to fight these non-state actors in various ways. One of them is trying to neutralize a non-state actor in the territory of the state in which this actor has settled and from which he is preparing and coordinating his attacks. States often invoke the right to self-defense in the case of such actions, stating that the state in whose territory the non-state entity is located is unable or unwilling to deal with it on its own. This paper is devoted to the right to self-defense against non-state actors and the emerging doctrine of "unwilling or unable". The paper is divided into an introduction, four main chapters and a conclusion. The first chapter is devoted generally to the prohibition of the use of force and the threat of force. The second chapter deals with the right to self-defense. First, attention is paid to the right to self-defense in general, where an armed attack is discussed in more detail. Subsequently, a restrictive and extensive approach to the right to self-defense is presented. Attention is then paid more to the preemptive and preventive self-defense and the...

The unwilling or unable doctrine and its development in international law Abstract The unwilling or unable doctrine represents a response of the international community to the increasing presence of non-state actors in international relations. According to this doctrine, a state who suffers an attack by a non-state actor is entitled to intervene in the territory of the state where this non-state actor finds its harbour, given that this state is unwilling or unable to tackle the threat alone. This, in turn, means that the harbouring state must endure an intervention by the attacked state on its territory, even though the harbouring state has not resorted to the use of force itself - the action of the non-state actor is not attributable to it. This thesis first pays attention to the concept of self-defence, in terms of its two equivalent content sources - customary and contractual international law. Both of these sources set certain (pre)conditions for the exercise of the right to self-defence. In the case of customary law, these are conditions of necessity, proportionality and immediacy. The UN Charter then determines one further precondition for exercising the right to self-defence - the existence of a previous armed attack. Given that the unwilling or unable doctrine is a specific example of how states...

Background: Make or buy decisions is the most fundamental part in a company’s manufacturing strategy. The decision is complex and involves sacrifices whichever strategy is chosen, and before making the decision the firm should understand and evaluate the trade-offs and comparative costs of manufacturing or outsourcing. The uniqueness of family firms is that they often operate their business with non-financial goals at the centre. This study will investigate the make or buy decisions at Väderstad AB, a family owned firm that deals with decisions of make or buy on a large scale, with many thousands of parts included in their final machines, and decisions made daily whether to make or buy. There is no existing research looking at the qualitative non-financial goals and factors in family firms and how it affects the make or buy decision. Purpose: This master thesis studies the make or buy decision at a family firm. The aim is twofold, namely, to explore the potential uniqueness of family firms within the context of the make or buy decision and then to create a make or buy decision model for a family firm. This aim is explorative, i.e. to generate theory, in the realm of family firm research. Method: This is a qualitative study performed by conducting a single case study methodology. 12 Semi-structured interviews with 14 employees from all parts of the case company and the use of documents from archival records were collected as data.  The data was analyzed with the technique of 1st order concepts, etc. as developed by Gioia. Conclusion: Our analysis showed that in the context of family firms, the primary factors influencing make or buy decisions at the case company were not financial goals. Instead drivers were goodwill for customers, innovation, quality, flexibility and control which are non-financial goals. However, financial goals were not neglected, but rather costs were measured after a decision had been made, proving that it was not in the centre of their operations before and during the decision and thus, it was secondary. As a result, non-financial goals played a larger role than financial goals in the make or buy decision.

Detta examensarbete gjordes i två syften, att ge Scania teoretiskt underlag till en ny teknik för hantering av personalens från och närvaroplanering, samt implementera den nya tekniken. Scanias dåvarande lösning utnyttjades genom att använda olika Excel-ark, dessa har uppfattats som ineffektiva och krångliga att arbeta med. Detta har lett till en hel del extra administrativt arbete och behovet av en ny lösning definierades till ett examensarbete. Den initiala fasen av projektet handlade om att förstå relevanta processer rörande från och närvaroplanering. Allt eftersom processerna var förstådda definierades krav på den nya lösningen genom kvalitativa metoder och intervjuer med respondenter av olika befattningar från verksamheten. Kraven som erhölls från intervjuerna visade sig vara relativt konsistenta och fastställdes i en kravspecifikation. Kravspecifikationen användes för att utvärdera olika lösningar som valts ut från marknadens utbud. Vidare genomfördes en make or buy analys som gjorde det möjligt att avgöra om lösningen skulle köpas in eller utvecklas internt. Efter interna diskussioner inom Scania, där resultaten från utvärderingen och make or buy analysen analyserades, fattades beslutet att den nya lösningen skulle byggas i en Microsoft SharePoint miljö. Miljön var redan tillgänglig för Scania och implementeringen gjordes i form av en pilotimplementering. Två grupper från Scanias verksamhet fick en förfrågan om de ville agera piloter, i syfte att utvärdera lösningen efter styrkor, svagheter och önskad funktionalitet. Pilotfasen är planerad att starta i början av september 2013. / This thesis was done with two-fold purpose, to give Scania a theoretical base for a new technology for management of the personnel presence and absence planning and to implement this new technology. Scanias former solution was utilized by using different Excel sheets and these have been perceived as inefficient and cumbersome to work with. This has led to a lot of additional administrative work and the need for a new solution was defined to this thesis. The initial phase of the project focused on understanding the relevant processes related to the presence and absence planning. When the processes were well understood, requirements on the new system were captured through qualitative methods and interviews with respondents of different positions from the enterprise. The requirements obtained from the interviews proved to be relatively consistent and was defined in a requirement specification. These requirements were used to evaluate different solutions chosen from the commercial stock. In addition, a make or buy analysis were created and made it possible to determine whether the solution would be bought or developed internally. After internal discussions within Scania, where the results from the alternative solution evaluation and the make or buy analysis was considered, it was decided that the new solution would be built in a Microsoft SharePoint environment. The environment was already available for Scania and the implementation was done as a pilot implementation. Two groups from Scanias enterprise was asked to act pilots, in order to evaluate the solution by strengths, weaknesses and desired functionalities. The pilot phase is planned to start in early September 2013.

This thesis explore the technological role of bone and antler artifacts from two contact period southern Northwest coast archaeological sites, the Cathlapotle site (45CL1) and the Meier site (35CO5). Technological measures of sedentism are based on lithics, and predict residential sedentism promotes technological expediency in hunter-gatherers (Parry and Kelley 1987). Cathlapotle and Meier lithic assemblages consist of expedient and opportunistic assemblages and raw material stockpiles, with the exception of highly curated projectile points and endscrapers (Hamilton 1994). The expectation that residential sedentism promotes technological expediency in hunter-gatherers was tested on the Cathlapotle and Meier bone and antler artifact assemblages in two ways. First, curation and expediency were recorded for each artifact by measuring level of energy investment in manufacture or degree of working. Second, a spatial analysis was used to explore methods of artifact storage and disposal. Results revealed both Cathlapotle and Meier osseous assemblages are highly curated, except for expedient awls and flakers. Specifically, artifact classes related to subsistence procurement, modification including woodworking, and ornamentation were highly curated. Both sites contain stockpiles of unmodified bone and antler. The spatial analysis showed level of curation did not affect artifact disposal method. Despite this, some patterns were evident. At Cathlapotle, curated procurement and modification artifacts, expedient awls as well as worked fragments were concentrated outside the houses, specifically in Sheet Midden. Broken modification artifacts, ornaments, and detritus were randomly distributed. At the Meier site, curated procurement and modification artifacts, as well as expedient awls were randomly distributed. Broken modification artifacts, detritus and worked fragments were concentrated outside the houses. Ornaments were concentrated in the northern segment (elite area) of the house. There were also significantly more curated complete tools recovered from the cellar facility, while significantly fewer curated complete tools were recovered from the midden facility at Meier. In this thesis, the effects of contact on osseous assemblages were examined. It is an assumption of North American archaeologists that European-introduced metals replace and/or change the character of traditional technologies such as lithic and osseous technologies. Few quantitative studies comparing pre and postcontact artifact assemblages exist (Bamforth 1993, Cobb 2003). In some parts of northeast North America, European contact is followed by a proliferation of osseous tool working, and over time osseous artifacts drop out of the archaeological record (Snow 1995, 1996). Cathlapotle and Meier were occupied from AD 1400 to AD 1830, spanning European contact. People at Cathlapotle were in direct contact with Europeans and Euro-Americans since 1792 (Boyd 2011). Previously, it was assumed Cathlapotle was more involved in the fur trade than Meier, because Cathlapotle was mentioned several times in ethnohistoric accounts, while Meier was never mentioned. Also Cathlapotle contains far more historic trade items than Meier (Ames 2011). The assumption that European-introduced metals replace and/or change the character of traditional technologies was tested on the Cathlapotle and Meier assemblages by comparing artifact frequency, density, and assemblage diversity of pre and postcontact assemblages. Results show contact is reflected in the osseous assemblages at both Cathlapotle and Meier. Contact is evident, but is reflected in different ways. At Cathlapotle, artifact frequencies, densities, and assemblage diversity decrease postcontact. In contrast at Meier, artifact frequencies and densities increase postcontact, with some artifact classes tripling or quadrupling in frequency. The introduction of metal could have enabled people to work osseous materials faster and easier, decreasing manufacture time, cost, and overall energy investment. The gain in efficiency promoted the proliferation of bone working and an abundance of osseous tools at the Meier site. These results encourage a reevaluation of Meier's role in the fur trade. At Cathlapotle, metal objects may have replaced osseous tools resulting in the decline of bone and antler working and/or activity patterns shifted away from activities requiring osseous tools. The results of this thesis deviate from typical Northwest Coast bone and antler assemblages, challenge technological models of sedentism that are based on lithics, and contradict assumptions of Lower Columbians involvement in the fur trade.