• Journal of Arbitration Studies
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• v.24 no.3
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• pp.79-103
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• 2014

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

• The Journal of Fisheries Business Administration
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• v.21 no.1
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• pp.21-34
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• 1990

The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

• Journal of the Korean Society for Library and Information Science
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• v.42 no.4
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• pp.33-54
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• 2008

The purpose of this research is to analyze and describe the characteristics of reading environment for the teens and their reading behavior in the U.S.A. Some researches and statistics on the reading behavior of young students in the U.S.A., the U.K. and Ireland were examined, and the reading environments for the teens in society and at schools and home were described. The development of school media centers since the 1950s and services for young adults in public libraries in the U.S.A. confirms that government, school, society and home should altogether cooperate in order to help students read more and build better reading environment for the teens.

• Nuclear Engineering and Technology
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• v.53 no.7
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• pp.2151-2161
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• 2021

Nuclear data (ND) sensitivity and uncertainty (S/U) quantification in shielding applications is performed using deterministic and probabilistic approaches. In this paper the validation of the newly developed deterministic program package ASUSD (ADVANTG + SUSD3D) is presented. ASUSD was developed with the aim of automating the process of ND S/U while retaining the computational efficiency of the deterministic approach to ND S/U analysis. The paper includes a detailed description of each of the programs contained within ASUSD, the computational workflow and validation results. ASUSD was validated on two shielding benchmark experiments from the Shielding Integral Benchmark Archive and Database (SINBAD) - the fission relevant ASPIS Iron 88 experiment and the fusion relevant Frascati Neutron Generator (FNG) Helium Cooled Pebble Bed (HCPB) Test Blanket Module (TBM) mock-up experiment. The validation process was performed in two stages. Firstly, the Denovo discrete ordinates transport solver was validated as a standalone solver. Secondly, the ASUSD program package as a whole was validated as a ND S/U analysis tool. Both stages of the validation process yielded excellent results, with a maximum difference of 17% in final uncertainties due to ND between ASUSD and the stochastic ND S/U approach. Based on these results, ASUSD has proven to be a user friendly and computationally efficient tool for deterministic ND S/U analysis of shielding geometries.

• Molecules and Cells
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• v.40 no.10
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• pp.761-772
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• 2017

Glioblastoma is the most frequent and most aggressive brain tumor in adults. Solute carrier family 8 member 2 (SLC8A2) is only expressed in normal brain, but not present in other human normal tissues or in gliomas. Therefore, we hypothesized that SLC8A2 might be a glioma tumor suppressor gene and detected the role of SLC8A2 in glioblastoma and explored the underlying molecular mechanism. The glioblastoma U87MG cells stably transfected with the lentivirus plasmid containg SLC8A2 (U87MG-SLC8A2) and negative control (U87MG-NC) were constructed. In the present study, we found that the tumorigenicity of U87MG in nude mice was totally inhibited by SLC8A2. Overexpression of SLC8A2 had no effect on cell proliferation or cell cycle, but impaired the invasion and migration of U87MG cells, most likely through inactivating the extracellular signal-related kinases (ERK)1/2 signaling pathway, inhibiting the nuclear translocation and DNA binding activity of nuclear factor kappa B ($NF-{\kappa}B$), reducing the level of matrix metalloproteinases (MMPs) and urokinase-type plasminogen activator (uPA)-its receptor (uPAR) system (ERK1/2-$NF-{\kappa}B$-MMPs/uPA-uPAR), and altering the protein levels of epithelial to mesenchymal transitions (EMT)-associated proteins E-cardherin, vimentin and Snail. In addition, SLC8A2 inhibited the angiogenesis of U87MG cells, probably through combined inhibition of endothelium-dependent and endothelium-nondependent angiogenesis (vascular mimicry pattern). Totally, SLC8A2 serves as a tumor suppressor gene and inhibits invasion, angiogenesis and growth of glioblastoma.

• International Commerce and Information Review
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• v.8 no.2
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• pp.275-296
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• 2006

Environmental management systems offer a set of management tools and principles that can help integrate environmental concerns into daily business practices. Such systems have been in existence since the 1980's. This research identifies the firm's implementation of environmental management that is the most and least popular for managing the environmental management such as 3R's, EM, EMS, environmental awareness. This article investigates the differences of managing to environmental issues of firms between Korea and U.S. The research results suggest that the U.S. firms control of 3R's, EM and EMS better than Korea's, while Korean firms have higher environmental awareness than U.S. firms.

• Journal of Climate Change Research
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• v.34 no.16
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• pp.6841-6853
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• 2021

The leading modes of the North Pacific jet (NPJ) variability include intensity changes and meridional shifts in jet position on low-frequency time scales. These leading modes of NPJ variability are closely associated with weather and climate conditions spanning from Asia to the United States. In this study, we investigated changes in the NPJ's role as a conduit for U.S. surface air temperature (SAT) anomalies during the boreal winter across the late 1990s. We found that the leading mode of NPJ variability changed from the NPJ intensity changes to meridional shifts in NPJ position across the late 1990s. It leads to the change in the role of the NPJ as a conduit for U.S. SAT anomalies. Before the late 1990s, the variability of NPJ intensity significantly impacted western U.S. SAT anomalies related to the anomalous surface cyclonic circulation over the North Pacific. After the late 1990s, however, the variability of the NPJ's meridional shift significantly influenced the eastern U.S. SAT anomalies in association with the anomalous surface cyclonic circulation over the northern North Pacific. Further analysis and model experiments revealed that the western to central North Pacific Ocean has been warming since the late 1990s and modulates atmospheric baroclinicity. This phenomenon mainly leads to a northward NPJ shift and implies that the eddy-driven mechanism on the NPJ's formation, which acts to enhance the meridional variability of NPJ position, becomes dominant. We conclude that this northward shift of NPJ could have contributed to enhancing the NPJ's meridional shift variability, significantly influencing the eastern U.S. SAT anomalies since the late 1990s.

• The Korean Journal of Nuclear Medicine
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• v.15 no.2
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• pp.11-17
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• 1981

Cholescintigraphic studies with $^{99m}Tc-HIDA$(dimethyl iminodiacetic acid) were performed in 22 cases of normal subjects, 21 of acute cholecystitis, 12 of chronic cholecystitis and 12 others, with the results of, 1) In normal control group, liver and intrahepatic biliary tree, CBD and gall bladder, and G-I tract appeared at 10, 20 and 30 minutes after intravenous injection of $^{99m}Tc-HIDA$ respectively, 2) In acute cholecystitis, 20 among 21 cases showed non-visualization of gall bladder with the diagnostic accuracy, sensitivity and specificity of 93.2%, 95.2% and 100% respectively. 3) In chronic cholecystitis, 5 among 12 cases showed non-visualization of gall bladder and remained 7 among 12 cases showed poor contraction of gall bladder (4), delayed visualization of gall bladder (1) and normal findings (2). 4) In the other disease group, the 12 cases which initially suspected as acute cholecystitis, revealed normal scan findings to exclude the cystic duct obstruction easily, With the above results, this scintigraphic procedure was found very rapid, accurate and easily available method for the determining of the cystic duct patency.

• KDI Journal of Economic Policy
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• v.42 no.1
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• pp.57-95
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• 2020

As a case study of an ex-post evaluation of regulations, in this paper I evaluate the 'uniform settlement rate requirement', a regulation that was introduced in 1986 and that was applied to the international telephone market in the U.S. for more than 20 years. In a bilateral market between the U.S. and a foreign country, each U.S. firm and its foreign partner jointly provide international telephone service in both directions, compensating each other for terminating incoming calls to their respective countries. The per-minute compensation amount for providing the termination service, referred to as the settlement rate, is determined by a bargaining process involving the two firms. In principle, each U.S. firm could have a different settlement rate for the same foreign country. In 1986, however, the Federal Communications Commission introduced the Uniform Settlement Rate Requirement (USRR), which required all U.S. firms to pay the same settlement rate to a given foreign country. The USRR significantly affected the relative bargaining positions of the U.S. and foreign firms, thereby changing negotiated settlement rates. This paper identifies two main routes through which the settlement rates are changed by the implementation of the USRR: the Competition-Induced-Incentive Effect and the Most-Favored-Nation Effect. I then empirically evaluate the USRR by estimating a bargaining model and conducting counterfactual experiments aimed at measuring the size of the two effects of the USRR. The experiments show remarkably large impacts due to the USRR. Requiring a uniform settlement rate, for instance, results in an average 32.2 percent increase in the negotiated settlement rates and an overall 13.7 percent ($3.43 billion) decrease in the total surplus in the U.S. These results provide very strong evidence against the implementation of the USRR in the 1990s and early 2000s.

• Korea Trade Review
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• v.44 no.1
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• pp.177-191
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• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.