• Title/Summary/Keyword: Power limit

Search Result 1,442, Processing Time 0.03 seconds

Effects of Wood Particles and Steel Wire Compositions on Physical and Mechanical Properties of the Boards (목재(木材)파아티클과 철선(鐵線) 복합체(複合體)가 보오드의 물리적(物理的) 및 기계적(機械的) 성질(性質)에 미치는 영향(影響))

  • Park, Heon;Lee, Pill-Woo
    • Journal of the Korean Wood Science and Technology
    • /
    • v.14 no.1
    • /
    • pp.3-44
    • /
    • 1986
  • In order to obtain the basic physical and mechanical properties of steel wire reinforced particleboard, particleboards were formed with large particles through 2.11 mm (12 meshes) and retained on 1.27mm (20 meshes) sieves and small particles through 1.27mm (20 meshes) and retained on 0.42mm (60 meshes) sieves from the plywood mill wastes of meranti (Shorea spp.) in the form of pallmanchips, applying urea-formaldehyde resin as an adhesive on the particle surface in 10 percent on the oven dried weight of particles, and arranging steel wires of 1mm in diameter 5,10,15,20, and 25mm in longitudinal and transverse direction with crossing in the mid of the board depth in single layer boards, 10mm in longitudinal or transverse direction without crossing in two layers and 10mm in longitudinal and transverse directions with and without crossing in three steel wire layers boards. The stepwise 9-minutes-multi-pressing schedule in 5 minutes at 35 kgf/$cm^2$, 2.5 minutes at 25 kgf/$cm^2$. and 1.5 minutes at 15 kgf/$cm^2$ was applied for $300{\times}200{\times}13$mm board at the temperature of 160$^{\circ}C$ in a hot press. Specific gravity, thickness swelling, bending properties of modulus of rupture (MOR), modulus of elasticity(MOE), work to proportional limit, and work to ultimate load, internal bond (IB), and screw holding power(SHP) of the reinforced boards were analyzed on the wire openings and wire layers. The results obtained are summarized as follows; 1) In specific gravity, particleboards with large particles and small particles had higher value with more steel wire placements and more steel layers composition, 2) Particleboards with large particles in accordance with more steel wire liners composition gave very poor thickness swelling. 3) The mechanical properties of particleboards formed with large or small particles were reinforced with more steel wire layers. Therefore, bending strength was improved in modulus of rupture, modulus of elasticity, and work to ultimate load. Especiallv, particleboards with two or three steel wire layers showed the tension lamination effect when the steels in lower steel wire layer were oriented parallel to the board length. 4) The modulus of rupture, modulus of elasticity, and work to ultimate load in bending varied with opening area, distance of lengthwise wires multipled by distance of transverse wires. Particleboards formed with large particles resulted in higher value in modulus of rupture with 1.5-3 $cm^2$ opening area, 1-2cm distance between transverse wires, and 1.5-2.5cm distance between lengthwise wires. Particle boards formed with small particles showed higher value with 0.5-1.5$cm^2$ or 3.75-6.25 $cm^2$ opening area, 0.5 or 2.5cm distance between transverse wires. 5) In modulus of elasticity, particleboards formed with large particles with one steel wire layer suggested higher value with 5-3$cm^2$ opening area, 1-2.5cm distance between transverse wires and also 1-2.5 cm distance between lengthwise wires. Particleboards formed with small particles showed higher value with 0.75-1.25$cm^2$ or 3-6.25$cm^2$ opening area and 0.5 or 2.5cm distance between transverse wires. 6) Particleboards formed with large particles gaved higher value in work to ultimate load with 1-3$cm^2$ opening area. Particleboards formed with small particles showed increasing tendancy with decreasing opening area. 7) In internal bond and screw holding power, particleboards formed with large particles had increasing value in two and three steel wire layers compositions, but particleboards formed with small particles showed no difference. Particleboards formed with large particles containing one steel wire layer showed no difference in internal bond and screw holding power, and particleboards formed with small panicles containing one steel wire layer resulted in increasing value in internal bond and decreasing value in screw holding power in accordance with increase in opening area.

  • PDF

A Study on Air Operator Certification and Safety Oversight Audit Program in light of the Convention on International Civil Aviation (시카고협약체계에서의 항공안전평가제도에 관한 연구)

  • Lee, Koo-Hee;Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.28 no.1
    • /
    • pp.115-157
    • /
    • 2013
  • Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.

  • PDF

A study on dermatologic diseases of workers exposed to cutting oil (절삭유 취급 근로자의 피부질환에 관한 연구)

  • Chun, Byung-Chul;Kim, Hee-Ok;Kim, Soon-Duck;Oh, Chil-Hwan;Yum, Yong-Tae
    • Journal of Preventive Medicine and Public Health
    • /
    • v.29 no.4 s.55
    • /
    • pp.785-799
    • /
    • 1996
  • We investigated the 1,004 workers who worked in a automobile factory to study the epidemiologic characterists of dermatoses due to cutting oils. Among the workers, 667(66.4%) answered the questionaire. They are belong to 5 departments of the factory-the Engine-Work(258 workers), Gasoline engine Assembly(210), Diesel engine Assembly(96), Power train Work(86), Power train Assembly(17). We measured the oil mist concentration in air of the departments and examined the workers who had dermatologic symptoms. The results were follows; 1) Oil mist concentration ; Of all measured points(52),9 points(17.2%) exeeded $5mg/m^3$- the time-weighed PEL-and one department had a upper confidence limit(95%) higher than $5mg/m^3$. 2) Dermatologists examined 213 workers. 172 of them complained any skin symptoms at that time - itching(32.5%), papule(21.6%), scale(15.7%), vesicle(12.5%) in order. The abnormal skin site found by dermatologist were palm(29.3%), finger & nail(24.6%), forearm(16.2%), back of hand(8.4%) in order. 3) As the result of physical examination, we found that 160 workers had skin diseases. Contact dermatitis was the most common; 69 workers had contact dermatitis alone(43.1%), 11 had contact dermatitis with acne(6.9%), 10 had contact dermatitis with folliculitis(6.3%), 1 had contact dermatitis with acne & folliculitis, and 1 had contact dermatitis with abnormal pigmentation. Others were folliculitis(9 workers, 5.6%), acne(8, 5.0%), folliculitis & acne (2, 1.2%), keratosis(1, 0.6%), abnormal pigmentation (1, 0.6%), and non-specific hand eczema (47, 29.3%). 4) The prevalence of any skin diseases was 34.0 pet 100 in cutting oil users, and 13.3 per 100 in non- users. Especially, the prevalence of contact dermatitis was 23.0 per 100 in cutting oil users and 23.0 per 100 in non-users. 5) We tried patch test(standard serise, oil serise, organic solvents) on 49 patients to differentiate allergic contact dermatitis from irritant contact dermatitis and found 20 were positive. 6) In a multivariate analysis(independant=age, tenure, kinds of cutting oil), the risk of skin diseases was higher in the water-based cutting oil user and both oil user than non-user or neat oil user(odds ratio were 2.16 and 2.78, respectively). And the risk of contact dermatitis was much higher at the same groups(odds ratio were 5.16 and 6.82, respectively).

  • PDF

Trends and Prospects of N. Korea Military Provocations After the Sinking of ROKS Cheon-an (천안함 폭침 이후 북한의 군사도발 양상과 전망)

  • Kim, Sung-Man
    • Strategy21
    • /
    • s.34
    • /
    • pp.58-92
    • /
    • 2014
  • Even after S. Korea took 5.24 Measure(24 May 2014), N. Korea has not stopped raising provocations such as the shelling of Yeonpyeong Island, electronic and cyber attacks. To make matters worse, the communist country lunched long-range missiles(twice) and conducted 3rd nuclear test, escalating tensions which could possibly lead to an all-out war. Korean Government failed to respond properly. However, escalation into an all-out war was deterred by the CFC immediately carrying out its peacetime duty(CODA). The US made a rapid dispatch of its augmentation forces(Aircraft carrier, nuclear-powered submarine, strategic bomber, F-22) to the Korean Peninsula. In recognition of the importance of the Combined Forces Command, since May 2013 the Park Geun-Hye Administration has been pushing ahead with re-postponement of Wartime Operational Control Transfer(which initially meant the disassembling of the CFC as of 1 December 2015) More recently, there has been a series of unusual indicators from the North. Judging from its inventory of 20 nuclear weapons, 1,000 ballistic missiles and biochemical weapons, it is safe to say that N. Korea has gained at least war deterrence against S. Korea. Normally a nation with nuclear weapons shrink its size of conventional forces, but the North is pursuing the opposite, rather increasing them. In addition, there was a change of war plan by N. Korea in 2010, changing 'Conquering the Korean Peninsula' to 'Negotiation after the seizure of the Greater Seoul Metropolitan Area(GSMA)' and establishing detailed plans for wartime projects. The change reflects the chain reaction in which requests from pro-north groups within the South will lead to the proclamation of war. Kim, Jeong-Un, leader of N. Korean regime, sent threatening messages using words such as 'exercising a nuclear preemptive strike right' and 'burning of Seoul'. Nam, Jae-June, Director of National Intelligence Service, stated that Kim, Jung-Un is throwing big talks, saying communization of the entire Korean Peninsula will come within the time frame of 3 years. Kim, Gwan-Jin, Defense Minister, shared an alarming message that there is a high possibility that the North will raise local provocations or a full-fledged war whenever while putting much emphasis on defense posture. As for the response concept of the Korean Government, it has been decided that 'ROK·US Combined Local Provocation Counter-Measure' will be adopted to act against local provocations from the North. Major provocation types include ▲ violation of the Northern Limit Line(NLL) with mobilization of military ships ▲ artillery provocations on Northwestern Islands ▲ low altitude airborne intrusion ▲ rear infiltration of SOF ▲ local conflicts within the Military Demarcation Line(MDL) ▲ attacking friendly ships by submarines. Counter-measures currently established by the US involves the support from USFK and USFJ. In order to keep the sworn promise, the US is reinforcing both USFK and USFJ. An all-out war situation will be met by 'CFC OPLAN5027' and 'Tailored Expansion Deterrence Forces' with the CFC playing a central role. The US augmentation forces stands at 690,000 troops, some 160 ships, 2,000 aircraft and this comprise 50% of US total forces, which is estimated to be ninefold of Korean forces. The CFC needs to be in center in handling both local provocations and an all-out war situation. However, the combat power of S. Korean conventional forces is approximately around 80% of that of N. Korea, which has been confirmed from comments made by Kim, Gwan-Jin, Defense Minister, during an interpellation session at the National Assembly. This means that S. Korean forces are not much growing. In particular, asymmetric capabilities of the North is posing a serious threat to the South including WMD, cyber warfare forces, SOF, forces targeting 5 Northwestern Islands, sub-surface and amphibious assault forces. The presence of such threats urgently requires immediate complementary efforts. For complementary efforts, the Korean Government should consider ① reinforcement of Korean forces; putting a stoppage to shrinking military, acquisition of adequate defense budget, building a missile defense and military leadership structure validity review, ② implementation of military tasks against the North; disciplinary measures on the sinking of ROKS Cheon-an/shelling of Yeonpyeong Islands, arrangement of inter-Korean military agreements, drawing lessons from studies on the correlation between aid for N. Korea, execution of inter-Korean Summit and provocations from the North, and ③ bolstering the ROK·US alliance; disregarding wartime operational control transfer plan(disassembling of CFC) and creation of a combined division.

Analysis of the Spent Fuel Cooling Time for a Deep Geological Disposal (심지층 처분을 일한 사용후핵연료 냉각기간 분석)

  • Lee, Jong-Youl;Cho, Dong-Geun;Choi, Heui-Joo;Choi, Jong-Won;Lee, Yang
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
    • /
    • v.6 no.1
    • /
    • pp.65-72
    • /
    • 2008
  • The purpose of the HLW deep geological disposal is to isolate and to delay the radioactive material release to human beings and the environment for a long time so that the toxicity does not affect to the environment. The main requirements for the HLW repository design is to keep the buffer temperature below $100\;^{\circ}C$ in order to maintain its integrity. So the cooling time of spent fuels discharged from the nuclear power plant is the key consideration factors for efficiency and economic feasibility of the repository. The disposal tunnel/disposal hole spacing, the disposal area and thermal capacity required for the deep geological repository layout which satisfies the temperature requirement of the disposal system is analyzed to set the optimized spent fuels cooling time. To do this, based on the reference disposal concept, thermal stability analyses of the disposal system have been performed and the derived results have been compared by setting the spent fuels cooling time and the disposal tunnel/disposal hole spacing in various ways. From these results, desirable spent fuels cooling time in view of disposal area is derived. The results shows that the time reaching the maximum temperature within the design limit of the temperature in the disposal site is likely shortened as the cooling time of spent fuels becomes short. Also it seems that the temperature-rising and-dropping patterns in the disposal site are of smoothly varying form as the cooling time of spent fuels becomes long. In addition, it is revealed that a desirable cooling time of spent fuels is approximately 40-50 years when spent fuels are supposedly disposed in the deep geological disposal site with its structural scale under consideration in this study.

  • PDF

A Study on the Domestic Small Package Express Service′s Competitive Power Improvement Plan at EC Times (전자상거래 시대 국내 택배업의 경쟁력 향상 방안에 관한 연구)

  • 박영태;정종식
    • Proceedings of the Korean DIstribution Association Conference
    • /
    • 2002.05a
    • /
    • pp.31-59
    • /
    • 2002
  • Recently there are many changes of logistics environment Such as integrated logistics information system, the rapid growth of the domestic and international small package express service and third party logistics with Electronic Commerce. At this time it is very important to deliver to customers the goods sold through EC speedy, accurately and safely. That is to say, the role of small package express service is very important at EC times. The bottlenecks of small package express service in the circumstances of EC are the weakness of EC operating company and small package express service provider the shortage of distribution centre and cargo terminal, the shortage of skilled man with related small package express service etc. So, I suggested that for activation of EC it is necessary to strengthen the strategic alliances, introduce GPS and use the third party logistics positively in the side of small package express service provider. And it is necessary to prepare for the settlements of traffic problems, support the introduction of integrated logistics service, logistics information system, deregulate restriction such as weight limit of vehicles in the side of the government. And to government support throughout extending nation's SOC, deregulation, support to small package express service terminal, permit to stopping & parking in downtown, abolishing a no passing zone, permit to being employed foreigner. Also this service involves ensuring that the product will arrive when wanted, and in an undamaged condition.

  • PDF

A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
    • /
    • no.44
    • /
    • pp.85-116
    • /
    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

  • PDF

Risk Factors of Cervical Cancer and Results of Cervix Cytology Screening in Chungnam Province, Korea, 1995-1999 (최근 5년간(1995-1999) 충남지역자궁경부세포진 검진결과 및 이상소견위험요인분석)

  • Lee, Moo-Sik;Lim, Yeon-Hwan;Kim, Eun-Young;Lee, Choong-Won
    • Journal of agricultural medicine and community health
    • /
    • v.26 no.2
    • /
    • pp.43-57
    • /
    • 2001
  • The purpose of this study was to evaluate results of cervix cytology screening in the community and to determine the risk factors of cervical abnormality. Branch of Daejeon city and Chungnam Province, The Planed Parenthood Federation of Korea had conducted cervical cancer screening of 146,848 married women in Chungnam province from 1995 to 1999. Cervical cancer screening was Pap smear using cytolgic brush swab by trained nurse. Women who had abnormal finding of 1st Pap smear screening were followed re- examination and 2nd close examination. Crude prevalence rate of cytologic abnormalities for 1st screening results was 0.63% in 1995- 1999(1995 0.68%, 1996 0.59%, 1997 0.70%, 1998 0.56%, 1999 0.62%). Crude prevalence rate of above class III for 1st screening results was 0.61%, but crude prevalence rate of above class III for the results of re- examination and 2nd close examination was 2.2/ 1000. The false-positive rate of class III, IV and V for positive findings were defined above class II(cervicitis) results were 52.6%, 26.9% and 19.0%, respectively. And the false- positive rate of class III, IV and V for positive findings were defined above class III(dysplasia) results were 75.3%, 46.2% and 47.6%, respectively. Major predictors of risk factors for abnormal results of cervix screening on the multiple logistic regression were age, educational attainment and living area. The false-positive rate of cervix cytology screening in the community were highest result so cervix cytology screening should be improve for better diagnostic power. And the finding of logistic regression would be understand within the limit of experimental trials on the relationship between cervical disease and risk factors.

  • PDF

Legal Issues Regarding the Launch Vechicle by DPRK : the Scope and Limit of the UN Security Council Resolution (북한의 발사체발사에 따른 법적 쟁점 : UN 안전보장이사회 결의의 성격과 한계)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.31 no.1
    • /
    • pp.145-167
    • /
    • 2016
  • UN Security Council is entitled to power for determining the existence of the threat to the peace. Specifying the provisions adopted in accordance with the chapter 7 of the UN Charter, its resolution is deemed as document confirming its decision about the threat to the peace. In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter. Regarding to the terms of the Resolutions to be interpreted, the word "decide" is used as to the suspension of the ballistic missile program, the word "demand" is used as to the stopping of the the launch of ballistic missile, and the word "demand" is used as to return to the missile test moratorium. These provisions may be deemed to determining specific obligations to be imposed upon the States in accordance with the 1967 Outer Space Treaty. On the other hand, the Resolutions may be limited to the decision, not leading to a sort of international legislation, the main purpose of which is to provide a legal basis for international sanctions against Northe Korea. North Korea missile test case has reminded us of continuing discussion about whether the decision of the Security Council lacks the legislative authority due to its decision process. Furthermore, having regard to the outer space and space activities, the outer space law regime would be not compatible with the Security Council decision process in that the former presupposes the agreement among all States parties, while the latter based upon the agreement between Council member States. Therefore, it is premature to consider the Security Council decision as becoming the lex specialis of the space law regime.

Interpretation of the Umbrella Clause in Investment Treaties (국제투자조약상 포괄적 보호조항(Umbrella Clauses)의 해석에 관한 연구)

  • Jo, Hee-Moon
    • Journal of Arbitration Studies
    • /
    • v.19 no.2
    • /
    • pp.95-126
    • /
    • 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.

  • PDF