• 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.

• Cartoon and Animation Studies
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• s.47
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• pp.81-101
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• 2017

The present study argues that film director Lee Ae-rim animation works depict the world of the grotesque and not only are important sociocultural phenomena but also hold the significance of humor and subversion. The grotesque exhibits the intriguing characteristics of expressing a perspective critical of the existing society through the sensibilities of minorities and is used broadly as a term not only in the aesthetic sense but also designating sociocultural phenomena. Although discussed separately in terms of Mikhail Bakhtin's carnival grotesque and Mary Russo's uncanny grotesque, the grotesque fundamentally rejects existing order and conventions and is externalized through unique expressions, thus opening up a rich possibility for rejection, humor, satire, transformation, and deconstruction of and regarding the authority of the mainstream. Although they constitute a fictional medium, animation films are social products as well so that they are affected by society, culture, and history and stand as important texts that must be interpreted in terms of the relationships between humans' instinctive desires and society and between the overall culture and artistic media. However, the rarity of grotesque portrayals in South Korean animation films also proves that it is a society where even problems that are in themselves sensitive must be manifested ingeniously on a conventional level. South Korean society has a unique history of colonialism and national division and is simultaneously in the unique situation of a society that has undergone growth at a nearly unprecedented rate. Consequently, the society exhibits closed yet dynamic particularity where everyday tension and rigidity, wariness of others and extreme competition are intertwined in a complex manner. Intensively analyzed in the present discussions, director Lee's animation films and are characterized mainly by grotesque images, nonlinear narratives, and vivid depictions. In such a context, these works not only are artistic products of South Korean society but also rejections of a rigid society and share the significance of the aesthetics of the carnival grotesque, which consists of subversive expressions directed at a new world.

• (The) Research of the performance art and culture
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• no.34
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• pp.9-42
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• 2017

Of all Geommu(劍舞, Korean sword dance), Gisaeng-Geommu danced by gisaeng(妓生, Korean female entertainers) for private guests and at the royal court. The Sword dance in the late Joseon Dynasty used to be dynamic exuding menacing "sword spirit(劍氣)." Sword dance being transmitted today is more ritualistic and elegant. This study considers Korean sword dance has a core structure and motifs transcending generational differences, and based on this critical thinking, aims to analyze the structure of Korean sword dance. This study analyzed the prose "Geommugi(劍舞記)" by Park Je-ga(朴齊家) and the poem "Mugeompyeonjeongmiin(舞劍篇贈美人)" by Jeong Yak-yong(丁若鏞) out of literary works from the late Joseon Dynasty, and from official records of rituals(笏記), "Geomgimu(Sword Dance, 劍器舞)" and "Geommu" in "Gyobanggayo(敎坊歌謠)." In the introduction part of Sword dance, a dancer appears, bows and performs a hand dance or hansam(汗衫) dance to and fro. In the development part, a dancer meets with a sword but first hesitates to hold it and dances holding swords in both hands. The climax shows expert sword skills and combat scenes. In the conclusion part, the court dance involves a dancer bidding a formal farewell, while the dance for entertainment, a dance throws away the sword to finish. From literature materials, the structure of Korean sword dance could be divided into an introduction, a development, a climax and a conclusion. Based on this, this study analyzed sword dance movements by linking the beats accompanying the current sword dance, in the order of a Yeombul, the traditional Korean ballad Taryeong or Neujeun Taryeong, Jajin Taryeong, Taryeong and Jajin Taryeong. The introduction part includes a Buddhist prayer and the beginning of Taryeong. Dancers appear, and in two rows they dance facing each other. On the slow beat, their dances are relaxed and elegant. The development part is matched with Jajin Taryeong. Dancers sit in front of swords and grab them, and they dance holding a pair of swords. The beat gradually becomes faster, progressing the development of the dance. But then, the slower Taryeong is placed again. The reason behind it is to create a tension for a little while, before effectively reaching a climax by speeding up the tempo again. Moving on to Jajin Taryeong, dancers' movements are bigger and more dynamic. The highly elated Jajin Taryeong shows dance movements at the climax on fast, robust beats. In the conclusion part, the beat is quick-tempo and on the upbeat again on Jajin Taryeong. Driving on without a stop on the exciting Yeonpungdae(燕風臺) melody, dancers standing in a line dance wielding the swords and bow before finishing.

• The Korean Journal of Physiology
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• v.8 no.2
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• pp.1-17
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• 1974

This experiment was designed to explore the specific functional interrelations between the vestibular semicircular canals and the extraocular muscles which may disclose the neural organization, connecting the vestibular canals and each ocular motor nuclei in the brain system, for vestibuloocular reflex mechanism. In urethane anesthetized rabbits, a fine wire insulated except the cut cross section of its tip was inserted into the canals closely to the ampullary receptor organs through the minute holes provided on the osseous canal wall for monopolar stimulation of each canal nerve. All extraocular muscles of both eyes were ligated and cut at their insertio, and the isometric tension and EMG responses of the extraocular muscles to the vestibular canal nerve stimulation were recorded by means of a physiographic recorder. Upon stimulation of the semicircular canal nerve, direction if the eye movement was also observed. The experimental results were as follows. 1) Single canal nerve stimulation with high frequency square waves (240 cps, 0. 1 msec) caused excitation of three extraocular muscles and inhibition of remaining three muscles in the bilateral eyes; stimulation of any canal nerve of a unilateral labyrinth caused excitation (contraction) of the superior rectus, superior oblique and medial rectus muscles and inhibition (relaxation) of the inferior rectus, inferior oblique and lateral rectos muscles in the ipsilateral eye, and it caused the opposite events in the contralateral eye. 2) By the overlapped stimulation of triple canal nerves of a unilateral labyrinth, unidirectional (excitatory or inhibitory) summation of the individual canal effects on a given extraocular muscles was demonstrated, and this indicates that three different canals of a unilateral vestibular system exert similar effect on a given extraocular muscles. 3) Based on the above experimental evidences, a simple rule by which one can define the vestibular excitatory and inhibitory input sources to all the extraocular muscles is proposed; the superior rectus, superior oblique and medial rectus muscles receive excitatory impulses from the ipsilateral vestibular canals, and the inferior rectus, inferior oblique and lateral rectus muscles from the contralateral canals; the opposite relationship applies for vestibular inhibitory impulses to the extraocular muscles. 4) According to the specific direction of the eye movements induced by the individual canal nerve stimulation, an extraocutar muscle exerting major role (a muscle of primary contraction) and two muscles of synergistic contraction could be differentiated in both eyes. 5) When these experimental results were compared to the well known observations of Cohen et al. (1964) made in the cats, extraocular muscles of primary contraction were the same but those of synergistic contraction were partially different. Moreover, the oblique muscle responses to each canal nerve excitation appeared to be all identical. However, the responnes of horizontal (medial and lateral) and vertical (superior and inferior) rectus muscles showed considerable differences. By critical analysis of these data, the author was able to locate theoretical contradictions in the observations of Cohen et al. but not in the author's results. 6) An attempt was also made to compare the functional observation of this experiment to the morphological findings of Carpenter and his associates obtained by degeneration experiments in the monkeys, and it was able to find some significant coincidence between there two works of different approach. In summary, the author has demonstrated that the well known observations of Cohen et al. on the vestibulo-ocular interrelation contain important experimental errors which can he proved by theoretical evaluation and substantiated by a series of experiments. Based on such experimental evidences, a new rule is proposed to define the interrelation between the vestibular canals and the extraocular muscles.