• 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.

• Journal of Environmental Health Sciences
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• v.38 no.6
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• pp.493-502
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• 2012

Objectives: The purpose of this study is to investigate the mass concentration of nanoparticles and understand the characteristics of elements of heavy metal concentrations within nanoparticles in the air using Micro-Orifice Uniform Deposit Impactor Model-110 (MOUDI-110), based on indoor and outdoor air. Methods: This Study sampled nanoparticles using MOUDI-110 indoors (office) and outdoors at S University in Asan, Korea in order to reveal the concentration of nanoparticles in the air. Sampling continued for nine months (10 times indoors and 14 times outdoors) from March to November 2010. Mass concentrations of nanoparticle and concentrations of heavy metals (Al, Mn, Zn, Ni, Cu, Cr, Pb) were analyzed. Results: Indoors, geometric mean concentration of nanoparticles ranged in size from 0.056 ${\mu}m$ to 0.10 ${\mu}m$ and those of 0.056 ${\mu}m$ or less recorded 0.929 ${\mu}g/m^3$ and 1.002 ${\mu}g/m^3$, respectively. On the other hand, the levels were lower outdoors with 0.819 ${\mu}g/m^3$ and 0.597 ${\mu}g/m^3$. Mann-Whitney U tests showed that the difference between the indoors and the outdoors was statistically meaningful in terms of particles of 0.056 ${\mu}m$ or less (p<0.05) in size. These results are possibly influenced by the use of printers and duplicators as the factor that increased the concentration of nanoparticles. In seasonal concentration distribution, the level was higher during the summer compared to in the autumn. Those of 0.056 ${\mu}m$ or less in size presented a statistically meaningful difference during the summer (p<0.05). These results may be influenced by photochemical event as the factor that makes the levels high. Regarding zinc, among the other heavy metals, the fine particles ranged in size from 0.056 ${\mu}m$ to 0.10 ${\mu}m$ and those of 0.056 ${\mu}m$ or less recorded 1.699 $ng/m^3$ and 1.189 $ng/m^3$ in the outdoors. In the indoors, the levels were lower, with 0.745 $ng/m^3$ and 0.617 $ng/m^3$. Cr and Ni at the size of 0.056 ${\mu}m$ or less, both of which have been known to pose severe health effects, recorded higher concentrations indoors with 0.736 $ng/m^3$ and 0.177 $ng/m^3$, compared to 0.444 $ng/m^3$ and 0.091 $ng/m^3$ outdoors. By season, Zn, Ni, Cu and Pb posted a high level of indoor concentration during the fall. As for Cr, the level of concentration indoors was higher than outdoors both during the summer and the autumn. Conclusion: This study indicates the result of an examination of nano-sized particles and heavy metal concentrations. It will provide useful data for the determination of basic nanoparticle standards in the future.

• Korean Journal of Environmental Agriculture
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• v.30 no.2
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• pp.169-178
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• 2011

BACKGROUND: This study aimed to estimate the measurement uncertainty associated with determination of cadmium and lead from tomato paste by ICP/MS. The sources of measurement uncertainty (i.e. sample weight, final volume, standard weight, purity, molecular weight, working standard solution, calibration curve, recovery and repeatability) in associated with the analysis of cadmium and lead were evaluated. METHODS AND RESULTS: The guide to the expression of uncertainty was used for the GUM (Guide to the expression of Uncertainty in Measurement) and Draft EURACHEM/CITAC (EURACHEM: A network of organization for analytical chemistry in Europe/Co-Operation on International Traceability in Analytical Chemistry) Guide with mathematical calculation and statistical analysis. The uncertainty components were evaluated by either Type A or Type B methods and the combined standard uncertainty were calculated by statistical analysis using several factors. Expected uncertainty of cadmium and lead was $0.106{\pm}0.015$ mg/kg (k=2.09) and $0.302{\pm}0.029$ mg/kg (k=2.16), on basis of 95% confidence of Certified Reference Material (CRM) which was within certification range of $0.112{\pm}0.007$ mg/kg for cadmium (k=2.03) and $0.316{\pm}0.021$ mg/kg for lead (k=2.01), respectively. CONCLUSION(s): The most influential components in the uncertainty of heavy metals analysis were confirmed as recovery, standard calibration curve and standard solution were identified as the most influential components causing uncertainty of heavy metal analysis. Therefore, more careful consideration is required in these steps to reduce uncertainty of heavy metals analysis in tomato paste.

• Restorative Dentistry and Endodontics
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• v.26 no.5
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• pp.409-417
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• 2001

The purpose of this study was to investigate the influence of light irradiation over self-priming adhesive on dentin bonding. After acid etching the exposed dentin, a self-priming adhesive (Prime&Bond$^{\circledR}$NT dental adhesive system Dentsply DeTrey, GmbH, Konstanz, Germany) was applied and light irradiation was done for 20 sec with regular intensity (600 mW/$\textrm{cm}^2$) in group I and for 3 sec with ultra-high intensity (1930 mW/$\textrm{cm}^2$) in group III. No light irradiation was done over self-priming adhesive in groups II and IV. Composite resin was added on the self-priming adhesive and irradiated for 40 sec with regular intensity (600 mW/$\textrm{cm}^2$) in groups I and II and for 3 sec with ultra-high intensity (1930 mW/$\textrm{cm}^2$) in groups III and IV. To see the effect of light curing time on dentin bonding, another 3 group specimens were prepared. Without light-irradiation over self-priming adhesive, added composite resin was irradiated for 3, 6, or 12 sec with ultra-high intensity light. After bonded specimens were stored in 37$^{\circ}C$ distilled water for 24 hours, shear bond strength were measured using a universal testing machine (4202, Instron, Instron Co., U.S.A.) and fractured surfaces were examined under a stereomicroscope (SZ-PT Olympus, Japan). Statistical analysis were done with one-way, two-way ANOVA and chi-square test. The results were as follows : 1. The shear bond strengths from the groups irradiated over self-priming adhesive were significantly higher than those from the groups without irradiation (p<0.05). 2. There was no significant shear bond strength difference between regular intensity light irradiation groups and ultra-high intensity ones (p>0.05). 3. There was no significant shear bond strength difference among various irradiation time groups with ultra-high intensity ones (p>0.05). 4. In stereomicroscopic examination of fractured surfaces, adhesive-cohesive mixed failure mode was mostly seen in all groups, and there was no significant difference in failure mode among groups (p>0.05).

• Journal of dental hygiene science
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• v.4 no.1
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• pp.13-20
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• 2004

The purpose of this study was to examine how dental hygienists health management and to what extent they used medical care services due to occupational diseases. It's ultimately attempted to improve the health care of dental hygienists and promote their health. After relevant literature and data were reviewed, a survey was conducted for five months from June through October, 2003. The subjects in this study were 160 dental hygienists who worked at dental hospital and clinics across the nation. And the collected data were analyzed. The findings of this study were as follows: (1) Concerning job-related health education experience, 83.1 percent, the greatest rate, had no experience to receive education, and the type of service made a significance difference to that(p<0.05). (2) As to in-house medical examination, 98.6 percent felt the need for medical examination, and 56.3 percent had ever their bodies examined. Their health examination experience was significantly different according to age(p<0.01), marital status(p<0.01), type of service(p<0.01), career(p<0.01) and yearly income(p<0.01). (3) Concerning how much they used hospitals after working as dental hygienists, 85.6 percent, the biggest group, had no experience to be hospitalized, and that was significantly different according to age(p<0.05), type of service(p<0.05), career(p<0.01) and yearly income(p<0.05). 51.9 percent had no experience to receive treatment as outpatients, and their career(p<0.01) made a significant difference to that. (4) As for how to cope with casual diseases, 34.4 percent, the largest group, visited pharmacies, and 32.5 percent, the next largest group, saw the doctors. In regard to herb restorative, 68.1 percent had no experience to take herb restorative, and that experience varied significantly with age(p<0.01), career(p<0.05) and annual income(p<0.01).

• Journal of dental hygiene science
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• v.9 no.4
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• pp.475-483
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• 2009

Subjects of the research were 668 elderly people aged over 65 from Gangneung city. OHIP 14 went through a first translation from English to Korean, discussion among experts, a second translation from Korean to English, and then the translation was approved. After the primary and main research were carried out, validity and correlation coefficient with the outcome of oral and mental health examination were studied. OHIP 14 in terms of the perception of oral health was relevant to the perception of overall health and oral health, the necessity of dental treatment, the satisfaction about oral health, the level of pain from observation, and the satisfaction about artificial tooth. OHIP 14 on account of oral health state was related to the number of present natural teeth, the necessity of dental treatment, and the status of no teeth. OHIP 14 according to overall health was correlated to the number of ailments, the state of mind, nerve systems, bones and sinews, digestive systems, urogenital systems, cerebrovascular systems, respiratory systems, eyes, ears, and dementia. OHIP 14 according to the perception of oral health showed a significant difference in the perception of overall health and oral health, the level of pain in terms of observation, and the satisfaction on artificial tooth. OHIP 14 on account of oral health state demonstrated a meaningful difference in the number of present natural teeth, the necessity of dental treatment, and status of no teeth. OHIP 14 in terms of overall health exhibited considerable difference in the state of mind, nerve systems, bones and sinews, digestive systems, cerebrovascular systems, respiratory systems, ears, and dementia. From the study, it was proven that there was relevance between the validity of OHIP 14 and the perception of oral health, the state of oral health, and the state of overall health in the experiment on some Korean elderly people.

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.6
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• pp.2979-2982
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• 2016

Background: High dose ionizing radiation can induce ovarian cancer, but the effect of low dose radiation on the development of ovarian cancer has not been extensively studied. We evaluated the effect of low dose radiation and total background radiation, and the radiation delivered to the ovaries during the treatment of rectosigmoid cancer and breast cancer on ovarian cancer incidence. Materials and Methods: Background radiation measurements are from Assessment of Variations in Radiation Exposure in the United States, 2011. Ovarian cancer incidence data are from the Centers for Disease Control and Prevention. Standardized incidence ratios (SIR) of ovarian cancer following breast cancer and rectosigmoid cancer are from Surveillance, Epidemiology, and End Results (SEER) data. Obesity data by US state are from the Centers for Disease Control and Prevention. Mean ages of US state populations are from the United States Census Bureau. Results: We calculated standardized incidence ratios (SIR) from Surveillance, Epidemiology, and End Results (SEER) data, which reveal that in 194,042 cases of breast cancer treated with beam radiation, there were 796 cases of ovarian cancer by 120+ months of treatment (0.41%); in 283, 875 cases of breast cancer not treated with radiation, there were 1,531 cases of ovarian cancer by 120+ months (0.54%). The difference in ovarian cancer incidence in the two groups was significant (p < 0.001, two tailed Fisher exact test). The small dose of scattered ovarian radiation (about 3.09 cGy) from beam radiation to the breast appears to have reduced the risk of ovarian cancer by 24%. In 13,099 cases of rectal or rectosigmoid junction cancer treated with beam radiation in the SEER data, there were 20 cases of ovarian cancer by 120+ months of treatment (0.15%). In 33,305 cases of rectal or rectosigmoid junction cancer not treated with radiation, there were 91 cases of ovarian cancer by 120+ months (0.27%). The difference in ovarian cancer incidence in the two groups was significant (p = 0.017, two tailed Fisher exact test). In other words, the beam radiation to rectum and rectosigmoid that also reached the ovaries reduced the risk of ovarian cancer by 44%. In addition, there was a significant inverse relationship between ovarian cancer in white women and radon background radiation (r = - 0.465. p = 0.002) and total background radiation (r = -0.456, p = 0.002). Because increasing age and obesity are risk factors for ovarian cancer, multivariate linear regression was performed. The inverse relationship between ovarian cancer incidence and radon background was significant (${\beta}=-0.463$, p = 0.002) but unrelated to age (${\beta}=-0.080$, p = 0.570) or obesity (${\beta}=-0.180$, p = 0.208). Conclusions: The reduction of ovarian cancer risk following low dose radiation may be the result of radiation hormesis. Hormesis is a favorable biological response to low toxin exposure. A pollutant or toxin demonstrating hormesis has the opposite effect in small doses as in large doses. In the case of radiation, large doses are carcinogenic. However, lower overall cancer rates are found in U.S. states with high impact radiation. Moreover, there is reduced lung cancer incidence in high radiation background US states where nuclear weapons testing was done. Women at increased risk of ovarian cancer have two choices. They may be closely followed (surveillance) or undergo immediate prophylactic bilateral salpingo-oophorectomy. However, the efficacy of surveillance is questionable. Bilateral salpingo-oophorectomy is considered preferable, although it carries the risk of surgical complications. The data analysis above suggests that low-dose pelvic irradiation might be a good third choice to reduce ovarian cancer risk. Further studies would be worthwhile to establish the lowest optimum radiation dose.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.197-206
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• 2023

Recently, the international community, including the International Maritime Organization (IMO), has strengthened regulations on air pollution emissions of ships, and eco-friendly ships are actively being developed to reduce exhaust gas emissions. Among them, rotor sail (RS), a wind-assisted ship propulsion system, is attracting attention again. RS is a cylindrical device installed on the ship deck, that generates hydrodynamic lift using a magnus effect. This is a next generation eco-friendly auxiliary propulsion technology, and Enercon company, which developed RS-applied ships, announced that fuel savings of more than 30% are possible. In this study, optimal installation conditions such as RS spacing and arrangement type were selected when multiple RSs were installed on ships. AR=5.1, SR=1.0, and D_e/D was fixed at 2.0 according to the RS arrangement, and the wind direction was considered only for the unidirectional +y-axis. Regarding arrangement conditions, five conditions were set at 3D intervals in the +x-axis direction from 3D to 15D and five conditions in the +y-axis direction from 5D to 25D. C_L, C_D and aerodynamic efficiency (C_L/C_D) were compared according to the square(□) and diamond(◇) shape arrangements. Consequently, the effect of RS on the longitudinal distance was not significantly different. However, in the case of RS flow characteristics according to the transverse distance, the interaction effect of RS was the greatest when the two RSs almost matched the wind direction. In the case of the RS flow characteristics according to the arrangement, notably, when the wind blew in the forward (0°) direction, the diamond (◇) arrangement was least affected by the backward flow between RSs.

• Applied Biological Chemistry
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• v.8
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• pp.29-37
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• 1967

Citrus fruits of ten varieties grown in Chaeju island and a few other fruits for the comparison were analyzed to determined the contents of crude fat, crude fiber, total carbohydrates, macroelements and ash. Acids and sugars in fruit juices were also determined and the characteristic of neutralization of fruit juices were investigated. 1. The per cent of edible part of citrus fruits having the range of 48.5(Daingwoochi) to 72(Onju) were lower than that of other fruits. It was lower by about 8 per cent than that of the same variety produced in U.S.A. It was shown that the amount of rind per fruit might be increased in the citrus fruit grown in the low annual temperature. 2. The content of crude protein were around 1% and higher than other's. The contents of crude fat were below 0.1% in three varieties and over 0.1 in others. The contents of crude fiber were between 0.3 to 0.8% and the fruits with the high content of crude protein were inclined to have the high content of crude fiber and it was also shown that the low annual temperature was inclined to increase the amount of crude fiber per fruit. 3. The amount of total acid were from 19.5 m.e per 100 g of fresh fruit in Byongkyul to 44.2 m.e in Daingwoochi. The high percentage of titrable acid was over 90 in two sour varieties, Daingwoochi and Hakyul having pH below 3 and the high content of total acid. These two varieties were above 10 in the ratio of total acid in the edible part to the total acid in the rind(total acid in edible part/total acid in the rind). The content of combined acid was lower than that of titrable acid in the edible part and vice versa in the rind. 4. Navel was highest as 12.82% in the total sugar content and the lowest content was 4.9% of Hakyul. The contents of reducing sugar in the citrus fruits were about half of that in other fruits. The ratio of total sugar to titrable acid (sugar/acid: the grade of sweet taste) were lower than foreign products . 5. From the titration curves of fruit juices the characteristic of neutralization of juices could be grouped in three types, and other values, that is, pH, the content of total acid, the percentage of combined acid, the ratio of total acids in edible part and rind, the content of sugar, and the grade of sweet taste were also devided into the same three categories. 6. The contents of macroelements were different along to the each part of fruit. The content, in the seed were high and the ones in the rind were low. The contents of each element were in the order of $K_2O>N>P_2O_5{\gtrless}CaO{\gtrless}MgO$ in the edible part, $K_2O>N>CaO>P_2O_5{\gtrless}MgO$ in the rind, $N>K_2O>P_2O_5>CaO>MgO$ in the seed. The content of potassium was especially high in Marumeru and Hakyul and the content of calcium in citrus fruit was higher than others.

• Journal of Korean Society of Forest Science
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• v.86 no.2
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• pp.177-185
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• 1997

The influences of fertilizer treatment and clones of five willows and one hybrid poplar on above ground and soil carbon (C) accumulations in a willow bioenergy plantation were studied. The aboveground and soil samples were collected in the winter of 1992 and 1993 from the previously established willow plantation at Tully, New York, U.S.A. in 1987. Half of the plots were fertilized annually with 336kg/ha N, 112kg/ha P, and 224kg/ha K. All trees were harvested annually. The most productive clone, willow clone SV1 with fertilization, accumulated 5.4 and 6.8 t/ha/yr aboveground C contents during the sixth(1992) and seventh(1993) growing seasons, respectively. The average percentage of C in bolewood, bolebark, and branches for the five willow clones and one hybrid poplar clone ranged from 51.1 to 57.5, from 54.0 to 55.4, and from 55.6 to 56.5, respectively, among all treatment combinations. Only tyro of the six clones(SA22 and SA2) responded significantly to the addition of fertilizer by increasing the amount of aboveground C accumulated for the 1992 sampling period(clone-by-fertilizer interaction). No fertilization effect, on aboveground C content, was noted for the 1993 sampling period. No significant fertilization effect on soil C accumulation for all soil sampling depths(0-10, 10-20, and 20-40cm) was found in 1992 and 1993 sampling years. Little clone effect on soil C content was found in 1992 and 1993 sampling years, except at 0-10cm soil depth in 1992. The significant clonal effect on soil C content at 0-10cm soil depth could be because of stone content variation rather than clonal effect. The significant clone-by-fertilizer treatment interaction observed requires that evaluation of response to fertilization by willows be made for each clone individually.