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A Case Study on the Limitations of the Choice of Law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts (턴키계약체결시 국제적 강행규정에 의한 준거법 제한에 관한 사례연구 - Clough Engineering Ltd v Oil & Natural Gas Corp Ltd 사건을 중심으로 -)

  • Oh, Won-Suk;Kim, Yong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.145-166
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    • 2012
  • This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

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The Research of the Method and the Classification in Painting Style Between Korean Traditional Ink Paintings and Color Paintings (수묵화, 채색화의 색채 사용 형식 방법 연구 및 분류)

  • Jung Hyo-Jin
    • The Journal of the Korea Contents Association
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    • v.6 no.8
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    • pp.38-48
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    • 2006
  • Paying attention to the fact that Korean traditional ink and color paintings are different in their use of colors this paper was intended to demonstrate outcomes from the difference in their painting style through specific paintings and thereby categorizing a broad range of oriental paintings into 4 types(Indian ink light color, middle color, deep color, present color) in accordance with the method of using colors, suggest directions that oriental color paintings should move toward in the future in the diversity of modem Paintings. Due to the characteristics of materials, oriental ink paintings, in style, are light in color within lines, which in return makes colors confined to a complimentary role in an overall picture, not having their unique color identity Nevertheless, there are some paintings that use dark colors, which is called moderate saturation. For such dark-color based paintings, colors play a key role, together with the characteristics of materials of color painting, as colors are used to express the most part of a picture. This study, thus, discusses the difference in the use of color depending on style on one hand, and examined the diversity of modem color paintings through specific works on the other hand, since a number of color paintings similar to western Painting in style have been created today. In such diversity, works that are being currently created should contribute to taking over the tradition and further develop oriental colors with modem aesthetic sensitivity. This paper is aimed to help to do harmonious works with traditional and modern paintings by studying and classifying varieties of colors

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Historical earthquake data of Korean (한반도의 역사지진자료)

  • Lee, Gi Hwa
    • Journal of the Korean Geophysical Society
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    • v.1 no.1
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    • pp.3-22
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    • 1998
  • Korea boasts of abundant historical earthquake records of almost 1900 events. The epicenters and intensities of these earthquakes are determined on the basis of descriptions and felt areas of the events. It turns out that most of the earthquakes occurred on major faults or tectonic boundaries of the peninsula except for the northeastern part which had been the least disrupted by tectonic disturbances during the Mesozoic. It appears that the crustal layers of the southern and northwestern parts of the peninsula had been severely ruptured during the Mesozoic disturbances and some of the faults thus generated have been active since. The seismicity of the peninsula had been rather low from the first to the fourteenth century, but unusually high from the fifteenth to the eighteenth century, and have been rather low since. This period of unusually high seismicity of the peninsula coincides with that of the northeastern part of China, suggesting the two areas are seismologically closely connected. It appears that most of the seismicity of the peninsula results from the high stress propagating from the Himalayas where the Eurasian and Indian plates collide. The data file of Korean historical earthquakes is not yet complete and supplementary studies are under way. The main purpose of this paper is to provide the data file of Korean historical earthquakes analyzed up to date for geoscientists and engineers in need of this file.

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Comparison of temperature measurements methods to investigate the causes of deformation of packaging materials during microwave heating (전자레인지의 가열조리 시 포장재의 열변형 원인 규명을 위한 온도 측정 방법 비교)

  • Yoon, Chan Suk;Lee, Hwa Shin;Pfeiffer, Thomas;Cho, Ah Reum;Moon, Sang Kwon;Lee, Keun Taik
    • Food Science and Preservation
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    • v.23 no.3
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    • pp.422-431
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    • 2016
  • To investigate the causes of the thermal deformations of packaging materials when microwave-heating ready-to-eat sauce products packaged in stand-up pouches, patterns of temperature changes were determined using an infra-red thermal imaging camera, a thermo-sensitive tape, and a fiver-optic thermometer. The temperature distributions of spicy chicken sauce and Indian curry samples in a stand-up pouch were found to be uneven during micrewave heating. A sharp increase in the temperature was detected, especially above the filling layers and in the corners of sealing layers of the package. The temperature measurements using an infra-red thermal imaging camera are restricted to the surface, and therefore might underestimate the actual temperature. Using a thermo-sensitive tape, temperature up to $200^{\circ}C$ were measured in the spicy chicken sauce sample showing package deformation. When the temperature is measured using a fiber-optic thermometer, it is crucial to have precise sensor performance to accurately measure the temperature in a narrow hot-spot area of the package. In this experiment, the fiber-optic thermometer was attached to a GaAs crystal sensor, which obtained more sensitive and accurate temperature measurements than those by a convectional sensor.

Comparative Studies On Pancakarma Of "Caraka-sa$\d{m}$hit$\={a}$" And A Method Of 'Sweat, Vomit And Diarrhea(汗吐下)' ("Caraka-sa$\d{m}$hit$\={a}$"의 pancakarma와 한토하법(汗吐下法)의 비교론적인 연구)

  • Lee, Kyung-Won;Ha, Hong-Ki;Seo, Ji-Young;Kim, Ki-Wook
    • Journal of Korean Medical classics
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    • v.24 no.2
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    • pp.13-22
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    • 2011
  • "Caraka-sa$\d{m}$hit$\bar{a}$ (闍羅迦集)" and "Su$\'{s}$ruta-sa$\d{m}$hit$\bar{a}$(妙聞集)" are the most important medical scriptures in India and are called the three scriptures of Ayuverda including "Astanga-hrdaya-sa$\d{m}$hit$\bar{a}$(八心集)" (which integrates and summarizes internal medicine and surgery.) that is scribed in 8C. Scriptures that have been told today are deemed to be written in 3 ~ 4C. The three scriptures of Ayuverda and "Yellow Emperor's Canon Internal Medicine(黃帝內經)" are very similar in historical position, transmission and separation and addition, pattern and importance of contents, etc, from the aspect of formation and transmission of scriptures when compared with herb medicine. The characteristics that "SuWen(素問)" concentrates on medical theory and "LingShu(靈樞)" focuses on acupuncture therapy are similar with the characteristics that "Caraka-sa$\d{m}$hit$\bar{a}$" values internal medicine and "Su$\'{s}$ruta-sa$\d{m}$hit$\bar{a}$" appreciates surgery. The chapter 8 of "Caraka-sa$\d{m}$hit$\bar{a}$ (闍羅迦集)" is called as 'a volume of completion (or a volume of success)' and describes details of 'pancakarma (which means five representative treatment methods, that is successful regulations of two kinds of basti(灌腸), $\'{s}$irsavirecana(油劑), virecana(下劑), vamana(吐劑). Therefore, the author compares summery of 'internal therapy' of Indian medicine and drug treatment method with Method Of 'Sweat, Vomit And Diarrhea of the representative treatment in herb medicine, based on "RuMenShiQin(儒門事親)" of ZhangZiHe(張子和).

Role of Concomitant Chemoradiation in Locally Advanced Head and Neck Cancers

  • Lasrado, Savita;Moras, Kuldeep;Pinto, George Jawahar Oliver;Bhat, Mahesh;Hegde, Sanath;Sathian, Brijesh;Luis, Neil Aaron
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.10
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    • pp.4147-4152
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    • 2014
  • Standard therapy for advanced head and neck cancer consists of a combination of surgery and radiation. However, survival of this patient population has not improved during the past 20 years. Many different multimodality treatment schedules have been proposed, and chemotherapy is often used with the intent of organ preservation. The present study was intended to establish the efficacy of concomitant chemoradiation with a single agent carboplatin in advanced head and neck cancers.The objectives were to investigate the feasibility of concomitant administration of carboplatin, monitor acute toxicity during radiotherapy, and determine subacute side effects, such as wound healing following surgery after chemoradiotherapy. A prospective study was conducted wherein a total of 40 patients with stage III and IV squamous cell carcinomas of oral cavity, oropharynx, hypopharynx and larynx were enrolled. All patients were treated with external beam radiotherapy and weekly carboplatin area under curve (AUC of 5). Radiotherapy was given in single daily fractions of 1.8-2 grays (Gy) to a total dose of 66-72 Gy. Salvage surgery was performed for any residual or recurrent locoregional disease. Neck dissection was recommended for all patients with neck disease showing less than a complete response after chemoradiation. A total of 40 patients were enrolled of whom 32 were males and 8 were females. Highest incidence of cancer was seen in the 5th-6th decades of life with a median age of 47.7 years. Oropharyngeal tumours constituted a maximum of 21 patients followed by hypopharynx in 10, larynx in 7 and oral cavity in 2. 80% of the patients had a neck node on presentation of which 40% had N2-N3 nodal status. TNM staging revealed that 58% of patients were in stage III and 43% in stage IV. Evaluation of acute toxicity revealed that 50% had grade II mucositis, 25% grade III mucositis, 2.5% grade IV mucositis. 50% of patients had grade I skin reactions, 65% of patients had grade I thrombocytopenia, and 24% of patients had grade I anaemia. After completion of treatment 65% of patients had complete response at the primary and regional sites, and 35% of patients had a partial response of whom 23% underwent neck dissection and 5% of them underwent salvage surgery at the primary site. At the end of one year there were six deaths and four recurrences and 70% were free of disease. Concurrent chemoradiation with carboplatin provided good locoregional control for locally advanced head and neck cancers. This regimen, although toxic, is tolerable with appropriate supportive intervention. Primary site conservation is possible in many patients. Chemoradiotherapy appears to have an emerging role in the primary management of head and neck cancers.

Plasma Vascular Endothelial Growth Factors A and C in Patients undergoing Prostatic Biopsy and TURP for Suspected Prostatic Neoplasia

  • Singh, A.N.;Gautam, Kirti A.;Dalela, D.;Sankhwar, S.N.;Natu, S.M.;Sankhwar, P.L.;Srivastava, A.N.
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.3
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    • pp.2053-2058
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    • 2013
  • Background: Formation of new blood vessels is necessary for the development and spread of neoplasms more than 1 mm3 in volume, angiogenesis being responsible for formation of new from pre-existing blood vessels. Vascular endothelial growth factor (VEGF) is pivotal and the best studied angiogenic factor in all human cancers. Therefore we designed this study to investigate the role of VEGF-A and VEGF-C in prostate cancer in comparison with BPH controls in a north Indian population. Methods: In this case-control study a total of 100 subjects were included on the basis of confirmed histopathological reports, out of which 50 were prostate cancer patients and the other 50 were BPH patients with PSA levels >2 ng/ml and abnormal digital rectal examination (DRE) findings during September 2009 to August 2011 from the Department of Urology, KGMU, Lucknow, India. Plasma levels of VEGF were determined using quantitative immunoassay (ELISA-enzyme linked immunosorbent assay). Statistical analysis was carried out using SPSS 15.0 version. Results: The mean age of prostate cancer ($67.6{\pm}5.72$) patients was significantly higher (p=0.005) than BPH ($63.6{\pm}7.92$) patients. Expression of VEGF-A was not significantly higher in disease stage C1 than D1 or D2 and A or B (p=0.13) while the level of VEGF-A was significantly higher (p=0.04) in prostate cancer as compared to BPH subjects (PCa=13.0 pg/ml, BPH=6.8 pg/ml). Levels of VEGF-C were similar in both groups (PCa=832.6 pg/ml, BPH=823.7 pg/ml). In ROC curve, the area under curve (AUC) was 0.70 (95%CI: 0.60-0.80) and the cut-off value for which a higher proportion of patients was correctly classified (20%) was 26.0 pg/mL. Conclusion: Although VEGF-A is increased in cancer prostate patients a statistically significant correlation could not be established in this study. VEGF-C was not found to be a useful biomarker.

A Study on Shoes(靴) Shown in Buddist Paintings in the Late Joseon Dynasty (조선후기 불화에 나타난 화(靴)에 관한 연구)

  • Park, Hea-Ryung;Cho, Shin-Hyun
    • Fashion & Textile Research Journal
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    • v.9 no.2
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    • pp.176-187
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    • 2007
  • Buddhist paintings in the late Joseon dynasty are characterized by diversification and subdivision of subject matters. Buddhist paintings rapidly declined since 19th century, being miniaturized and showing complicated composition. Figures that identified the shape of shoes in Buddhist paintings of late Joseon dynasty included sacheonwang that were placed in the left and right bottom of Buddhist paintings, sinjung, gwiwang and pan-gwan of siwangtaeng. Sacheonwang, an Indian folk god, was depicted as a noble person in "ahamgyeong", an early sutra, but was depicted as an armored warrior in Mahayana Buddhism world. The style of shoes sacheonwang in Korea were different depending on the times. The shoes of the sacheonwang sculpture in Seogguram of Shilla dynasty are sandal type. The sacheonwang that was drawn on Jijangbosaldo in Goryeo dynasty wears non-showy armor and red yi(履). The sacheonwang that was expressed on Buddhist paintings in Joseon dynasty wears showy armor and decorated hwa. Comparing the yi of Goryeo Jijangbosaldo sacheonwang with the yi of Bodhisattva on the Dunhuang yeolbanbyeonsangdo, Jijangbosaldo sacheonwang's shoes are Korean style in which the sole is flat and the front part has no decoration, but in the shoes of Bodhisattva on the Dunhuang yeolbanbyeonsangdo the sole is not flat, the front part is lifted. The style of shoes of pan-gwan, who is depicted on Siwangtaeng, is hwa. However, unlike the decorative hwa of sacheonwang, its front is not lifted and it has no decoration. It is assumed that the shoes of sacheonwang or pan-gwan represented obangsaek based on the idea of eumyang-ohaeng. Depiction of shoes shown in Buddhist paintings reflected the phases of the social life. In addition, the sandals of Shilla sacheonwang implies that sourthern culture in addition to Buddhism was introduced. Having expressed the shoes of Goryeo sacheonwang with conventional yi implies that Buddhism governed the inner world of the people, and the shape and material of the shoes reveals aristocracy. It is assumed that that an armored warrior wore yi, not hwa implies that the then society was stable. Also, it is assumed that that the shoes of sacheonwang on Buddhist paintings in Joseon dynasty were hwa implies that the role of tutelary god was stressed in the disordered society.

Clinical Implication of EGF A61G Polymorphism in the Risk of Non Small Cell Lung Adenocarcinoma Patients: A Case Control Study

  • Masroor, Mirza;Amit, Jain;Javid, Jamsheed;Mir, Rashid;Prasant, Y;Imtiyaz, A;Mariyam, Z;Mohan, Anant;Ray, PC;Saxena, Alpana
    • Asian Pacific Journal of Cancer Prevention
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    • v.16 no.17
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    • pp.7529-7534
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    • 2015
  • Background: The epidermal growth factor (EGF) plays important roles in non-small cell lung cancer (NSCLC) susceptibility and functional polymorphism in the EGF (+61A/G) gene has been linked to increased risk of NSCLC. This study aimed to evaluate the role of the EGF +61A/G polymorphism in risk of NSCLC adenocarcinoma (ADC) occurrence and survival in an Indian population. Materials and Methods: This casecontrol study included 100 histopathologically confirmed NSCLC (ADC) patients and 100 healthy controls. EGF (A61G) was genotyped by AS-PCR to elucidate putative associations with clinical outcomes. The association of the polymorphism with the survival of NSCLC patients was estimated by Kaplan-Meier curves. Results: It was found that EGF 61AG heterozygous and GG homozygous genotype is significantly associated with increased risk of NSCLC (ADC) occurrence compared to AA genotype, [OR 2.61 (1.31-5.18) and 3.25 (1.31-8.06), RR 1.51(1.15-2.0) and 1.72 (1.08-2.73) and RD 23.2 (6.90-39.5) and 28.53(7.0-50.1) for heterozygous AG (p=0.005) and homozygous GG (p=0.009)]. Patients homozygous for the G allele exhibited a significantly poor overall survival. The median survival time for patients with EGF 61 AA, AG, and GG genotypes was 10.5, 7.4, and 7.1 months (p=0.02), respectively. NSCLC (ADC) patients with GG + AG exhibited 7.3 months median survival compared to the AA genotype (p=0.009). Conclusions: The present study revealed that the EGF A61G genotype may be a novel independent prognostic marker to identify patients at higher risk of occurrence and an unfavourable clinical outcome.

Women and Tobacco Use: Discrepancy in the Knowledge, Belief and Behavior towards Tobacco Consumption among Urban and Rural Women in Chhattisgarh, Central India

  • Tiwari, Ram Vinod;Gupta, Anjali;Agrawal, Ankush;Gandhi, Aniruddh;Gupta, Manjari;Das, Mayank
    • Asian Pacific Journal of Cancer Prevention
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    • v.16 no.15
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    • pp.6365-6373
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    • 2015
  • Background: Tobacco consumption has become pandemic, and is estimated to have killed 100 million people in the 20th century worldwide. Some 700,000 out of 5.4 million deaths due to tobacco use were from India. The era of global modernization has led to an increase in the involvement of women in tobacco consumption in the low income and middle-income countries. Tobacco consumption by females is known to have grave consequences. Objectives: To assess: (1) the tobacco use among urban and rural women; (2) the discrepancy in the knowledge, belief and behavior towards tobacco consumption among urban and rural women in Durg-Bhilai Metropolitan, Chhattisgarh, Central India. Materials and Methods: The study population consisted of 2,000 18-25 year old young women from Durg-Bhilai Metropolitan, Chhattisgarh, Central India, from both urban and rural areas. Data were collected using a pretested, anonymous, extensive face to face interview by a female investigator to assess the tobacco use among women and the discrepancy in the knowledge, belief and behavior towards tobacco consumption among urban and rural individuals. Results: The prevalence of tobacco use was found to be 47.2%. Tobacco consumption among rural women was 54.4% and in urban women was 40%. The majority of the women from urban areas (62.8%) were smokers whilst rural women (77.4%) showed preponderance toward smokeless tobacco use. Urban women had a better knowledge and attitude towards harms from tobacco and its use than the rural women. Women in rural areas had higher odds (1.335) of developing tobacco habit than the urban women. Conclusions: Increased tobacco use by women poses very severe hazards to their health, maternal and child health, and their family health and economic well-being. Due to the remarkably complex Indian picture of female tobacco use, an immediate and compulsory implementation of tobacco control policies laid down by t he WHO FCTC is the need of the hour.