• Title/Summary/Keyword: C.V.A

Search Result 10,539, Processing Time 0.048 seconds

'Open Skies' Agreements and Access to the 'Single' European Sky;Legal and Economic Problems with the European Court of Justice's Judgment in 'Commission v. Germany'(2002) Striking Down the 'Nationality Clause' in the U.S.-German Agreement (항공(航空) 자유화(自由化)와 '단일(單一)' 유럽항공시장(航空市場) 접근(接近);유럽사법재판소(司法裁判所)의 미(美) ${\cdot}$ 독(獨) 항공운수협정(航空運輸協定)상 '국적요건(國籍要件)' 조항(條項)의 공동체법(共同體法)상 '내국민대우(內國民待遇)' 규정 위반(違反) 관련 '집행위원회(執行委員會) 대(對) 독일연방(獨逸聯邦)' 사건 판결(判決)(2002)의 문제점을 중심으로)

  • Park, Hyun-Jin
    • Journal of the Korean Society for Aviation and Aeronautics
    • /
    • v.15 no.1
    • /
    • pp.38-53
    • /
    • 2007
  • In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

  • PDF

Influence of Adenosine and Magnesium on Acetylcholine Release in the Rat Hippocampus (흰쥐 해마에서 Acetylcholine 유리에 미치는 Adenosine 및 Magnesium의 영향)

  • Choi, Bong-Kyu;Yoon, Young-Bok
    • The Korean Journal of Pharmacology
    • /
    • v.29 no.2
    • /
    • pp.175-182
    • /
    • 1993
  • As it has been reported that the depolarization-induced ACh release is modulated by activation of presynaptic $A_1-adenosine$ heteroreceptor in hippocampus and various lines of evidence indicate the adenosine effect is magnesium dependent, the present study was undertaken to delineate the role of endogenus adenosine as a modulator of hippocampal acetylcholine release in this study. Slices from the rat hippocampus were equilibrated with $[^3H]-choline$ and the release of the labelled product, $[^3H]-ACh$, was evoked by electrical stimulation(3Hz, $5\;V\;cm^{-1},$ 2ms, rectangular pulses), and the influence of various agents on the evoked tritium outflow was investigated. Adenosine, in concentrations ranging from $0.3\;to\;100\;{\mu}M$, decreased the $[^3H]-ACh$ release in a dose-dependent manner without changing the basal rate of release. $DPCPX(1{\sim}10{\mu}M)$, a selective $A_1-receptor$ antagonist, increased the $[^3H]-ACh$ release in a dose-related fashion with slight increase of basal tritium release. And the effects of adenosine were significantly inhibited by $DPCPX(2{\mu}M)$ treatment. CPCA, a specific $A_2-agonist$, in concentration ranging from $0.3\;to\;30\;{\mu}M$ decreased evoked tritium outflow with increase of basal rate of tritium release, and these effects were also abolished by $DPCPX(2{\mu}M)$ pretreatment. But, $CGS(0.1{\sim}10{\mu}M)$, a recently introduced potent $A_2-agonist$, did not alter the evoked tritium outflow. When the magnesium concentration of the medium was reduced to 0 mM, there was no change in evoked ACh release by adenosine. In contrast, increasing the magnesium concentration to 4 mM, the inhibitory effects of adenosine were significantly potentiated. These results indicate that $A_1-adenosine$ heteroreceptor is involved in ACh-release in the rat hippocampus and the inhibitory effects of adenosine mediated by $A_1-receptor$ is magnesium-dependent.

  • PDF

A Study on the Timing and Method of the Final Price of Air Ticket in Computerised Booking System (인터넷 항공권 예약시스템에서의 '최종가격' 표시시기와 방법 - 2015년 1월 15일 EU사법재판소 C-573/13 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.32 no.1
    • /
    • pp.327-353
    • /
    • 2017
  • The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.

  • PDF

Geographic Distribution of Periphyton Diatom Species: A Case Study of Achnanthes convergens in Nakdong River Basin (낙동강 수계 청수성 부착조류의 공간분포 특성에 관한 연구: Achnanthes convergens 를 사례로)

  • Jo, Myung-Hee;Byun, Myeung-Sub;Sim, Jun-Seok;Jang, Sung-Hyun
    • Journal of the Korean Association of Geographic Information Studies
    • /
    • v.17 no.3
    • /
    • pp.175-194
    • /
    • 2014
  • This study attempts to identify the spatial distributions of Achnanthes convergens, and elucidate the environmental factors that affect the Periphyton diatom habitat. Data in 250 points of Nakdong river basin are collected between April(primary) and September(secondary) 2012, with the National Institute of Environmental Research's support. We define "clean area" over 10% of Achnanthes convergens appearance, and the others as "non-clean areas". Spatial statistics of Kriging, Hotspot, LISA are used in this study. Results show that 1) 56 points are identified as clean areas in the primary survey, while 41 points are discovered in the following survey; 2) using water quality variables, density of turbidity(clean $101.83{\mu}s/cm$; non-clean $598.48{\mu}s/cm$) and conductivity(clean 1.95 NTU; nonclear 5.58 NTU) are five-fold lower in clean-areas; 3) Habitat and Riparian Factors in Nakdong basin illustrate that natural sand bar, diversity of velocity, sediment condition, levee material, riverside land affect Achnanthes convergens; 4) Hotspots of Achnanthes convergens are located in watersheds, including upper Andong Dam, upper Imha dam, Wi-cheon, Miryang river, Nam river and Hwang river whereas mainstream/downstream of Nakdong river and Keumho river watershed are shown as coldspots.

Physiochemical Properties and Plant Growth of The Hydroponic Substrate Using Waste Wood Chip (양액재배용 목재고형배지의 이화학적 특성과 작물생육 특성)

  • Kwon, Gu-Joong;Yang, Ji-Wook;Park, Hyo-Sub;Cho, Joon-Hyeong;Kim, Dae-Young
    • Journal of the Korean Wood Science and Technology
    • /
    • v.43 no.3
    • /
    • pp.400-409
    • /
    • 2015
  • This study examined the plant growth and development characteristics of leafy vegetables on the hydroponic substrates of waste wood chips, radiate pine chips, and mat type of waste wood chips. The bulk density of waste wood chips and radiata pine chips were $0.2g/cm^3$ and $0.16g/cm^3$, respectively. The moisture retention properties of both the radiata pine chips and waste wood chips were found to be similar but not better than those of the control rock wool and coco peat hydroponic substrates. The moisture retention property of the mat type was found to be the lowest. The chemical analysis of waste wood hydroponic substrates (w/v) was as follows.; The pH was 6.59, electric conductivity was 6.76 dS/m, total nitrogen content was 0.5%, C/N ratio was 113%, phosphorus was 10.1 ppm, potassium was 77 ppm, calcium was 531 ppm, magnesium was 49 ppm, and sodium was 96 ppm. The results from the radiata pine chemical analysis showed that it had a pH of 5.29, electric conductivity of 4.49 dS/m, total nitrogen content of 0.32%, C/N ratio of 180%, phosphorus of 6.4 ppm, potassium of 83 ppm, calcium of 97 ppm, magnesium of 29 ppm, and sodium of 59 ppm. Except for the plants grown in mat type, the developmental characteristics of the plants grown in rock wool and coco peat hydroponic substrates were similar. Based on the results of the experiment, waste wood resources may possibly be used as an organic solid medium in place of the existing rock wool and coco peat medium.

Comparison Analysis of Aromatic Compounds in the Aromatic Rice Germplasm by Gas Chromatography and Mass Spectrometry (Gas Chromatography-Mass Spectrometry에 의한 향미 유전자원의 방향성 화합물 비교분석)

  • Kim, Jeong-Soon;Cho, Jum-Rae;Gwag, Jae-Gyun;Kim, Tae-San;Ahn, Sang-Nag;Lee, Sok-Young
    • KOREAN JOURNAL OF CROP SCIENCE
    • /
    • v.54 no.1
    • /
    • pp.88-103
    • /
    • 2009
  • The volatile and semi-volatile compounds of 5 accessions of domestic scented and 25 accessions of introduced scented were extracted by solid phase microextraction (SPME) and analyzed by gas chromatographymass spectrum (GC-MS). A total of 156 volatile and semivolatile compounds were identified from 30 accessions of aromatic rice, including 32 alcohols, 25 acids, 25 ketones, 21 hydrocarbon, 18 esters, 16 aldehydes, 4 ethers, 5 amines, 2 phenols, 2 bases, and 8 miscellaneous compounds. By UPGMA/Neighbor-join tree analysis, the thirty accessions of aromatic rice could be classified into seven groups according to the major odor or aroma compounds. Group I included indica type of Basmati varieties. Group II and Group IV included japonica type introduced scented. Group III consisted only Hyangmibyeo1ho in domestic scented. Group V and Group VII included indica type of Basmati and non-Basmati varities. Group VI included four of domestic scented of seven accessions excepted Basmati6129, Basmati 6311, and Seratus Malam.

Antiemetic Effect of Dolasetron Mesylate in the Prevention of Acute and Delayed Nausea and Vomiting due to Moderately Emetogenic Chemotherapy (악성종양환자에서 중등도 이상의 오심, 구토를 유발하는 항암화학요법 시급성 및 지연성 오심, 구토의 예방에 대한 Dolasetron의 효과)

  • Kim, D.S.;Sung, H.Y.;Choi, K.M.;Paik, J.Y.;Roh, S.Y.;Moon, H.;Kim, C.C.;Hong, Y.S.
    • Journal of Hospice and Palliative Care
    • /
    • v.7 no.2
    • /
    • pp.248-257
    • /
    • 2004
  • Purpose: To evaluate the efficacy of dolasetron mesylate in controlling nausea and vomiting in the first 24 hours and to extend these comparisons over the next 4 days in patients receiving moderately emetogenic chemotherapy. Methods: This was a single center, open-labeled study with single arm. Dolasetron (1.8 mg/kg) was given intravenously (I.V.) prechemotherapy with 10 mg of dexamethasone IV, followed 24 hours later by oral dolasetron (200 mg once daily) for the subsequent 4 days. The frequency of vomiting, severity of nausea and the presence of rescue antiemetics were assessed daily. Results: Of 30 patients enrolled, 28 were eligible and evaluable for the efficacy. Four out of 28 patients had complete control of nausea and vomiting without any rescue antiemetics through 5 days. The complete control got better as time went by with the rates of 17.9/46.4/42.9/53.6/60.7% on days 1 to 5. Vomiting was better controlled than nausea in both cisplatin-containing and non-containing chemotherapy. The adverse events were mild to moderate degrees of headache, diarrhea and fever, but were recovered spontaneously. Conclusion: Dolasetron was effective and safe for the control of nausea and vomiting in the patients with moderately emetogenic chemotherapeutic agents.

  • PDF

Enzymatic Characteristics of Water-Insoluble ${\alpha}-Amylase$ Immobilized on Dithiocarbamate Wool (Dithiocarbamate Wool에 고정(固定)된 불용성(不溶性) ${\alpha}-Amylase$의 특성(特性)에 대하여)

  • Lee, Kyung-Hee;Kim, Jong-Deog;Lee, Kang-Ho
    • Journal of the Korean Society of Food Science and Nutrition
    • /
    • v.14 no.2
    • /
    • pp.164-170
    • /
    • 1985
  • Yellowish modified wool, dithiocarbamate(DTC) wool, was synthesized by partial hydrolysis in 0.2 N-NaOH reacting with carbon disulfide to use as ${\alpha}-amylase$ immobilization matrix. ${\alpha}-amylase$ was immobilized reacting with sulfide group of DTC-wool by covalent binding within 1 hour. 0.5 gram of this preparation, $DTC-wool-{\alpha}-amylase$, contained 150 ug of enzyme protein and its specific activity was about 90% of the native one. General properties of $DTC-wool-{\alpha}-amylase$ were a little different from optimum temperature, optimum pH, heat stability, kinetic constants and activation energy. An apparent Michaelis constant and maximum velocity of $DTC-wool-{\alpha}-amylase$ were 5.56 mg/ml and 0.37 mg/ml. $min^{-1}$ respectively, while activation energy was 16.6 kcal/mole.

  • PDF

Spawning Behavior and Early Life History of Aucha Perch, Coreperca kawamebari from Korea (한국산 꺽저기 (Coreoperca kawamebari)의 산란습성(産卵習性) 및 초기생활사(初期生活史))

  • Han, Kyeong-Ho;Park, Joon-Taek;Kim, Byeong-Mu;Oh, Sung-Hyun;Lee, Sung-Hun;Jin, Dong-Soo
    • Korean Journal of Ichthyology
    • /
    • v.12 no.2
    • /
    • pp.129-136
    • /
    • 2000
  • The aucha perch, Coreoperca kawamebari was collected in Tam-jin river from February to June 1998. It was reared in the laboratory and observed the spawning behavior and early life history. Spawning season was from mid of April to the end of May in the Tam-jin river. The fertilized eggs were demersal of adhesive, transparent and spherical in shape. Egg diameter was 2.21~2.65 mm with several oil globule of 0.058~0.343 mm. Hatching occurred about 194 hours 23 minutes after fertilization at water temperature of $18{\sim}22^{\circ}C$. Newly-hatched larvae were 5.09~5.68 mm in total length(TL, mean: 5.38mm) with 10~11+18=28~29 myotomes and opened mouth and anus. Melanophores were distributed on the eye lens, on the head, around the yolk, on the dorsal part and the abdominal region of the trunk. After hatching 5 days larvae attained 6.12~6.68 mm in TL (mean: 6.47 mm), and the yolk sac was completely absorbed and transformed to postlarva stage. The larvae reached to the juvenile stage with all the fins were formed with complete set of fin rays (D. XII-12~13; A. III-8~10; P. 11~13; V. I-4~5) at the 22 days after hatching and of the larvae was 11.54 mm in total length. In 32 days after hatching, the juvenile was 13.05 mm in TL. This period was similar to adult in body form and the spot.

  • PDF

Concurrent Cisplatin-Radiation Therapy in Locally Advanced Head & Neck Cancers - Preliminary Report - (국소진행된 두경부종양의 Cisplatin-방사선 동시병용치료 - 예비적 임상결과보고 -)

  • Kim In Ah;Choi Ihl Bhong;Cho Seung Ho;Hong Young Seon;Choi Byung Ok;Kang Young Nam
    • Radiation Oncology Journal
    • /
    • v.19 no.3
    • /
    • pp.205-210
    • /
    • 2001
  • Purpose : This study tried to evaluate the effectiveness of combined treatment using radiation therapy and concurrent cisplatin as a radiosensitizer in the management of locally advanced head and neck cancer. Materials and methods : From January 1995 to August 1998, 29 evaluable patients with locally advanced head & neck cancels (AJCC stage $II\~IV$) were received curative radiation therapy $(total\;70\~75.6\;Gy/35\~42\;fractions,\;1.8\~2\;Gy/fraction)$ and concurrent cisplatin chemotherapy ($100\;mg/m^2$, D1, D22, D43). The neck dissections were peformed for residual lymphadenopathy. Follow-up ranged from 5 to 55 months (median 24 months). Results : Twenty-one $(72.4\%)$ patients achieved clinical complete responses. The partial response and minimal response rates were $17.2\%\;and\;10.4\%$, respectively. Locoregional failure rate was $27.6\%$, and included 6 patients with local failures, 4 patients with regional failures, and 2 patients with combined local and regional failures. Four of 29 patients $(13.8\%)$ developed distant metastasis. The disease free survival rate at 3 years was $60\%$. Nasopharyngeal primary tumors or complete responders showed significantly higher disease free survival rate. The grade 3 mucositis and nausea/vomiting was noted in $34.5\%$, respectively. Major prolongation of radiation therapy duration was inevitable in three patients. Twenty-one patients $(72.4\%)$ completed 3 courses of cisplatin and 5 patients received 2 courses of cisplatin. Three patients received only one course of cisplatin due to nephrotoxicity and neurotoxicity, and then changed to 5-FU regimen. Conclusions : Concurrent cisplatin-radiation therapy in locally advanced head and neck cancer showed high response rate, reasonable locoregional control, and survival rate. As expected, acute toxicities were increased, but compliance to treatment was acceptable. Assessment of the effect of the combination in this setting requires further accrual and follow-up.

  • PDF