• Journal of Arbitration Studies
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• v.19 no.2
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• pp.95-126
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• 2009

One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

• Journal of the Korean Society of Food Science and Nutrition
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• v.5 no.1
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• pp.87-92
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• 1976

Comparing the amount of Hb, the nutriture of the deaf-mutes are better than that of the amentias and the nursery school children. The former, however, shows less condition than that of the boys and girls in the junior physical education school (Hb : 12.7) and the normal family children (Hb : 10.8). In the group of six to eleven years old that is a class a elementary school, the physical condition such as stature, chest circumference, and weight of the deaf -mute is respectively almost the same degree, which is above standard in our country. On the contrary the degree of the amentias and the nursery school children has an inferiority approaching to the standard. In the group of twelve to fifteen years old that is a class of junior high school, the nursery school children have the lowest physical condition and the boys and girls of the physical training school the highest. The order of the growth of physical condition is as follows : Nursery school children

• The Journal of Internal Korean Medicine
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• v.15 no.1
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• pp.152-164
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• 1994

In Nai-Gyung(內經), it is said that In-Yeong(人迎) means In- Yeong Maek(人迎脈), Gi-Gu m- eans Tson-Gu(寸口) or Maek- Gu(脈口), In-yeong, artery in the side of neck, is located before Yeong-Geun(瓔筋), called as Jok-Yang-Myung-Maek(足陽明脈),so the part of In-Yeong-Maek means In-Yeong-Hyul(人迎穴) of Jok-Yang-Myung- Wi-Gyung(足陽明胃經) showing the artery in the side of neck. The part of Tson-Gu-Maek is that of artery in Yo-Gol(橈骨), beating source of Soo-Tae-Eum-Maek (手太陰脈) Of In-Yeong-Gi-Gu-Maek, In-Yeong-Maek mainly consists of Yang(陽), Gi-Gu-Maek of Eum(陰), so In-Yeung means physical disease, short of extra Eum component. They said that if In-Yeong-Maek was more than Gi-Gu-Maek, it meant physical injury, while Gi-Gu-Maek was more than In- Yeo-ng-Maek, it meant internal injury. In-Yeong-Gi-Gu-Maek is the one to distinguish the external and internal, the inside and outside, Eum and Yang, but there is no definite classification method to distinguish it, also it is difficult to grasp the comparison of 1sung(1盛), 2sung(2盛), 3sung(3盛), interrelation with 12-Gyung-Rak(l2經絡), change of maek phases, so necessary to set up the clear definition for In-Yeong-Gi-Gu-Maek. For the two theories as to In-Yeong-Gi-Gu-Maek according to Nai-Gyung, the one is to diagnose the maek by comparing the In-Yeong-Hyul with Tson-Gu of Soo-Tae-Eum-Maek as Gi-Gu in the both sides of neck part, he other is to divide the left and right of Gi-Gu-Maek in to In-Yeong and Gi-Gu afterwards, but today it is difficult to compare and explain the medical theory afterwards owing to insufficient consideration of In-Yeong-Gi-Gu-Maek at Nai-Gyung. The diagnosis of In-Yeong-Gi-Gu-Maek at Nai-Gyung to distinguish the surplus and shortage of Eum and Yang up to now since Nai-Gyung has so important and diagnostic value as to grasp the exact meaning. Herewith, this researcher com-pared Nai-Gyung and medical theory afterwards, reported it to consider the fixed position and changing process of viscera and entrails arrangement of literatures introducing In-Yeong-Gi-Gu-Maek, examining the change of maek phases for normal maek and a-bnormal maek of In-Yeong-Gi-Gu-Maek, considering the 1 sung, 2 sung, 3 sung maek phases in In-Yeong-Gi- Gu-Maek. According to the above results, the conclusion was reached as follows. 1. In-Yeong as the outside indicates external disease(外感), showing the surplus and shortage of Yang symptom by having Boo-Maek(浮脈) as Py-ung-Maek(平脈), Gi-Gu as the inside indicates internal disease(內傷), showing the surplus and shortage of Eum symptom by having Chim-Maek(沈脈) as P-yung-Maek(平脈). 2. In Pyung-Maek of In- Yeong-Maek as Boo-Maek, g-radual sinking of more floated changing maek because of disease means the improvement of di-sease, in Pyung-Maek of Gi- Gu-Maek as Chim- Maek, gradual floating of more sunken changing maek because of disease means the improvement of disease. 3. They said that disease of Jok-Gyung-Rak(足經絡) is cha-nged to that of Soo-Kyung-Rak(手經絡) when Jo-Maek(躁脈) appears whether In-Yeong-Maek or Gi-Gu-Maek 4. With the exemples of 1 sung 2 sung 3 sung it was porned with the relation of Pyo-Ri-Soo-Jok(表裏手足). Therfore I can guess that this fact is a moment explained the Bu-You-Sa-Kyung(部有四經) mentioned in Nan-Gyung-18-Nan(難經 第18難). 5. I think that In-Yeong and Gi-Gu, as a diagnosis method which distinguish between the inside indicates internal disease and the outside indicates external disease, is required to study further researches.

• Korean Journal of Soil Science and Fertilizer
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• v.6 no.2
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• pp.95-105
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• 1973

Sink (grain)-filling rates of IR667 line (Suwon 213 and 214) and local leading varieties (Jinheung and Paldal) were investigated in relation to sink-source ratio, sink-source distance, forms of photosynthates, and weather factors. The results are as follows. 1. IR667 line have higher maximum filling rate (g. grain/day. ear) and shorter duration to reach maximum filling rate than local varieties. The curve pattern of sink-filling rate was high and steep type in IR667 line and low and broad type in local varieties. 2. Weather factors seem to give little effect on the curve pattern of sink-filling rate. 3. The functional sink-source distance (actual sink-source distance multiplied by the contribution rate of leaf for grain production) was shorter in upper leaves (flag and 2nd leaf) for IR667 line, the upper leaf-dependent type in grain production, and was longer in lower leaves (3rd and 4th) for local varieties, the lower leaf-dependent type. Specially short first internode from top may contribute to the upper leaf depencency of IR667 line. 4. According to free sugar-starch ratio (sugar/starch) in the culm and leaf sheath IR667 line could be classified as the high sugar type and the local varieties as the high starch type. The ratio of transportable form (sugar) to non transportable photosynthate (starch) seems to relate with sink-filling rate. And high sugar type is expected to have higher efficiency for grain production in view of energy balance. 5. A hypothesis that the higher in the uniformity within the series of productive structure the more efficient in grain production is proposed and discussed in relation to productivity. 6. According to the pattern of percent nutrient retention of each leaf blade IR667 showed the central retention type and Jinheung showed the apical retention type and each retention type appears to be a cause of each canopy conservation pattern. 7. From the content and percent distribution of nutrient in various organ IR667 could be classified as the leaf sheath dominant type and Jinheung as the leaf blade dominant type. 8. The fact that the greater the percent translocation of nutrient into grain the greater the percent nutrient retention in leaf blade was held between nitrogen and phosphorus within a variety and between varieties within a nutrient (N, P or K).

• Journal of Life Science
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• v.29 no.6
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• pp.653-661
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• 2019

The first small interfering RNA (siRNA) therapeutics have recently been approved by the Food and Drug Administration in the U.S., and the demand for a new RNA therapeutics bioanalysis method-which is essential for pharmacokinetics, including the absorption, distribution, metabolism, and excretion of siRNA therapeutics-is rapidly increasing. The stem-loop real-time qPCR (RT-qPCR) assay is a useful molecular technique for the identification and quantification of small RNA (e.g., micro RNA and siRNA) and can be applied for the bioanalysis of siRNA therapeutics. When the anti-HPV E6/E7 siRNA therapeutic was used in preclinical trials, the established stem-loop RT-qPCR assay was validated. The limit of detection was sensitive up to 10 fM and the lower limit of quantification up to 100 fM. In fact, the reliability of the established test method was further validated in three intra assays. Here, the correlation coefficient of $R^2$>0.99, the slope of -3.10 ~ -3.40, and the recovery rate within ${\pm}20%$ of the siRNA standard curve confirm its excellent robustness. Finally, the circulation profiles of siRNAs were demonstrated in rat serum, and the pharmacokinetic properties of the anti-HPV E6/E7 siRNA therapeutic were characterized using a stem-loop RT-qPCR assay. Therefore, the stemloop RT-qPCR assay enables accurate, precise, and sensitive siRNA duplex quantification and is suitable for the quantification of small RNA therapeutics using small volumes of biological samples.

• Journal of Wetlands Research
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• v.21 no.2
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• pp.163-172
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• 2019

The USLE P factor is a factor that varies depending on how croplands are managed and cultivated. Previous studies tend to overestimate the amount of soil loss because the factor was estimated from the slope of the watershed rather than the estimate of each cultivated land. In addition, the accuracy of estimating the soil loss is decreasing due to the fact that the factor is calculated without considering various conditions of cultivated land defined by Wishmeier and Smith. In order to overcome these problems, the Ministry of Environment (MOE) has proposed to establish the topsoil notification and calculate the P factor according to the cultivation methods (e.g., tillage system, support practice). However, it is required to apply the conditions proposed in the United States to domestic circumstances as it is causing uncertainties. Thus, this study selected the watersheds where soil loss was serious (Haean, Jaun, Banbyeoncheon), measured the actual slopes and slope lengths, and examined the crop, tillage systems, and support practice for each cultivated land. The P factors were recalculated considering the actual conditions of cultivated land and compared to the factors proposed by the previous studies (MOE). As the result of the study, the P factors calculated based on the previous studies were 0.8 ~ 1.0 in three watersheds. On the other hand, it is confirmed that there is a significant difference between the factors notified by MOE and estimated by reflecting the topography and cultivation methods in this study. Therefore, it is considered that the research for developing the cultivation conditions to calculate the P factor suitable for the domestic environment should be continuously carried out.

• The Journal of Korean Philosophical History
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• no.54
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• pp.153-184
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• 2017

During the Pre-Qin(秦) Dynasty era, there were the records that there had been many calendar systems, such as $g{\check{u}}-li{\grave{u}}-l{\grave{i}}$(古六曆 : six ancient calendar systems). Then, the fact that particularly $zh{\bar{o}}u-l{\grave{i}}$(周曆) and $xi{\grave{a}}-l{\grave{i}}$(夏曆) were mainly discussed among them resulted from a lot of discussions from the differences in the calendar system in "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)" known to have been written by Confucius from the calendar system in "$X{\acute{i}}ng-xi{\grave{a}}-zh{\bar{i}}-sh{\acute{i}}$(行夏之時 : implement the calendar of Ha dynasty.)" that Confucius mentioned himself to his disciple. $zh{\bar{o}}u-l{\grave{i}}$(周曆) with $d{\bar{o}}ngzh{\grave{i}}-yu{\grave{e}}$(冬至月 : the 11th month of the lunar calendar) as the first month of a year had the system of the lunar calendar, and $xi{\grave{a}}-l{\grave{i}}$(夏曆) called as the calendar of Ha(夏) dynasty had the system of $ji{\acute{e}}-q{\grave{i}}-l{\grave{i}}$(節氣曆 : a kind of the solar calendar that divides one year of 365 days into 24 solar terms) with $y{\acute{i}}n-yu{\grave{e}}$(寅月 :one month from the present Feb 5) as the first month of a year. These two calendars had definite differences in the first months of a year, names of seasons, and the lunar calendar and the solar calendar. The fundamental reason why Confucius recommended the performance of $xi{\grave{a}}-l{\grave{i}}$(夏曆) as a way to run the nation was not that it started from the philosophical view of the universe that among the 'three $zh{\bar{e}}ng$'(三正)' of $ti{\bar{a}}n-zh{\bar{e}}ng$(天正 : the first month of a year with the heaven as the standard), $d{\grave{i}}-zh{\bar{e}}ng$(地正 : the first month of a year with the earth as the standard) and $r{\acute{e}}n-zh{\bar{e}}ng$(人正 : the first month of a year with humans as the standard), but that he wanted to emphasize the importance of practical national economic policies to enhance agricultural productivity. It becomes the criterion that even though Confucius emphasized that politicians should not have moral flaws ideally, with regard to public policies, he wanted to stress politicians' duties based on the reality a lot.

• Journal of Korean Historical Folklife
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• no.26
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• pp.71-106
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• 2008

The objective of this research is to reconstruct an aristocratic officer's travels by analysing Yu, hee-chun's diary, Miamilgi. Yu had kept his diary for eighty three months, from October 1567 to May 1577, and there were twenty six times of travel logs which are analysed in this research. As a result of the analysis, his travels can be divided into official travels and private travels. Sixteen times of official travels were comprised of inspection tours for parishes as a superintendent of Jeonra province, trips to supervise maintenance works of royal tombs and to worship the tombs, to carry out the sanjae (rituals in the mountains) as a second minister of the ministry of rites. It was difficult for him to have private travels as he continually served as a royal officer. He had got only 10 times of private travels during the eighty three months for maintaining the ancestor's tomb and worshiping the ancestors, for recuperating himself and his wife, and for constructing his new house. All of these travels were long-distance ones. In terms of his travel routes, he frequently used royal main trunks, e.g. 'Haenamro' (from Seoul to Damyang), which were maintained by the royal government. The main reason of his frequent using of trunk lines was that convenience facilities such as the royal post stations (Yeok) and royal inns (Won) were equipped well in these roads so it was easy to get horse change services and lodging and boarding. The fact that main trunks were chiefly straight lines and the shortest way was rather secondary reason. On the other hand, when he was a superintendent of Junra province, he had four times of round inspection on all parishes of Junra province, following the tour routs covering all over the province. As he was incumbent royal officer, he started his travel by getting a permission from the king. Simultaneously, he made ready some travel items. Among the items, horse was most important one for the journey. After finishing all the preparing processes before the departure, he had special farewell ceremony for the King, Sookbae, and had a small party with his friends called Jeonbeul. Main transportation means for his travel was horse, and many kinds of horses such as royal government's horse, Yeokma, local government's horse, Swema, as well as his private one were used. Additionally, he used a palanquin while he was doing inspection trip as a superintendent of Junra province. Yu was incumbent officer so he mostly lodged in local government guest houses. If he could not find out any local guest house, he was lodged in royal inn, and in his relatives houses or irregularly in buddhist temples. Most meals were supplied by local royal governments. The activities in his journeys were varied on his travel objectives. In his private journey, it was the main activities that maintaining ancestor's tombs and having a memorial service. During the trip, he visited his relatives. His official trips, on the other hand, had a regularity. Main activities were dealing with public works, and visiting Hyanggyo (country public school). However in the midway, he visited his relatives and had a journey to scenic places.

• Journal of Practical Agriculture & Fisheries Research
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• v.20 no.1
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• pp.163-174
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• 2018

Rice cultivation is immensely affected by many climatic factors including temperature, precipitation, etc, and imbalanced climatic conditions negatively affect the growth of rice. In this study, we investigated the effects of different agroclimatic zones of Chungnam Province on rice quality and examined the correlations between climatic characteristics and rice yield components. Average temperatures and rainfall were higher in 'Western Sobaek Inland' than those in the 'South Western coastal zone, and precipitation records showed a wide variation among counties due to typhoons during the examined periods. The average accumulative temperature affecting the magnitude of production during reproductive growth periods was higher in "Cheon-An", "Gong-Ju", "Yeon-Gi (Se-Jong)", "Bo-Ryeong", and "Dang-Jin" counties than those in other counties. The plant height was higher in 'Western Sobaek Inland' counties such as "Yeon-Gi(Se-Jong)" and "Cheon-An", and 'Southern Charyeong Plain' counties such as "Cheong-Yang", "Dang-Jin", and "A-San", than those in other counties. The number of tillers during the 40 days after rice transplantation in "Seo-Cheon" and "Bo-Ryeong" counties increased compared to other counties. This result was relevant to the fact that the date of rice transplantation in those counties was 3 to 4 days later than those in other counties of Chung-Nam Province. The average yield (milled rice basis) was the highest in 'Western Sobaek Inland' zone, showing 3,756 kg ha^-1, followed by 'Southern Charyeong Plain' zone showing 3,621kg ha^-1, and was the lowest in 'South Western coastal zone by 3,315kg ha^-1. "Yeon-Gi(Se-Jong)" and "Dang-Jin" counties showed the highest yields of 4,100kg ha^-1. "Seo-San", "Seo-Cheon", and "Tae-An" counties were relatively lower yields of 3,240~3,280kg ha^-1 in comparison of other counties.

• Journal of Global Scholars of Marketing Science
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• v.20 no.2
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• pp.179-187
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• 2010

Understanding consumers' preferences and use of media types is imperative for marketing and advertising managers, especially in today's fragmented market. A clear understanding assists managers in making more effective selections of appropriate media outlets, yet individuals' choices of type and use of media are based on a variety of characteristics. This paper examines one personality trait, sensation seeking, which has not appeared in the literature examining "new" media preferences and use. Sensation seeking is a personality trait defined as "the need for varied, novel, and complex sensations and experiences and the willingness to take physical and social risks for the sake of such experiences" (Zuckerman 1979). Six hypotheses were developed from a review of the literature. Particular attention was given to the Uses and Gratification theory (Katz 1959), which explains various reasons why people choose media types and their motivations for using the different types of media. Current theory suggests that High Sensation Seekers (HSS), due to their needs for novelty, arousal and unconventional content and imagery, would exhibit higher frequency of use of new media. Specifically, we hypothesize that HSS will use the internet more than broadcast (H1a) or print media (H1b) and more than low (LSS) (H2a) or medium sensation seekers (MSS) (H2b). In addition, HSS have been found to be more social and have higher numbers of friends therefore are expected to use social networking websites such as Facebook/MySpace (H3) and chat rooms (H4) more than LSS (a) and MSS (b). Sensation seekers can manifest into a range of behaviors including disinhibition,. It is expected that alternative social networks such as Facebook/MySpace (H5) and chat rooms (H6) will be used more often for those who have higher levels of disinhibition than low (a) or medium (b) levels. Data were collected using an online survey of participants in extreme sports. In order to reach this group, an improved version of a snowball sampling technique, chain-referral method, was used to select respondents for this study. This method was chosen as it is regarded as being effective to reach otherwise hidden population groups (Heckathorn, 1997). A final usable sample of 1108 respondents, which was mainly young (56.36% under 34), male (86.1%) and middle class (58.7% with household incomes over USD 50,000) was consistent with previous studies on sensation seeking. Sensation seeking was captured using an existing measure, the Brief Sensation Seeking Scale (Hoyle et al., 2002). Media usage was captured by measuring the self reported usage of various media types. Results did not support H1a and b. HSS did not show higher levels of usage of alternative media such as the internet showing in fact lower mean levels of usage than all the other types of media. The highest media type used by HSS was print media, suggesting that there is a revolt against the mainstream. Results support H2a and b that HSS are more frequent users of the internet than LSS or MSS. Further analysis revealed that there are significant differences in the use of print media between HSS and LSS, suggesting that HSS may seek out more specialized print publications in their respective extreme sport activity. Hypothesis 3a and b showed that HSS use Facebook/MySpace more frequently than either LSS or MSS. There were no significant differences in the use of chat rooms between LSS and HSS, so as a consequence no support for H4a, although significant for MSS H4b. Respondents with varying levels of disinhibition were expected to have different levels of use of Facebook/MySpace and chat-rooms. There was support for the higher levels of use of Facebook/MySpace for those with high levels of disinhibition than low or medium levels, supporting H5a and b. Similarly there was support for H6b, Those with high levels of disinhibition use chat-rooms significantly more than those with medium levels but not for low levels (H6a). The findings are counterintuitive and give some interesting insights for managers. First, although HSS use online media more frequently than LSS or MSS, this groups use of online media is less than either print or broadcast media. The advertising executive should not place too much emphasis on online media for this important market segment. Second, social media, such as facebook/Myspace and chatrooms should be examined by managers as potential ways to reach this group. Finally, there is some implication for public policy by the higher levels of use of social media by those who are disinhibited. These individuals are more inclined to engage in more socially risky behavior which may have some dire implications, e.g. by internet predators or future employers. There is a limitation in the study in that only those who engage in extreme sports are included. This is by nature a HSS activity. A broader population is therefore needed to test if these results hold.