• 한국중재학회지:중재연구
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• 제19권2호
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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.

• 대한약리학회지
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• 제10권1호
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• pp.31-40
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• 1974

기니아-픽 및 백서정관(白鼠精管)에 대(對)한 $PGE_1$의 작용(作用)과 이들 조직(組織)에 있어서 교감신경효능제(交感神經效能劑)의 작용(作用)에 미치는 $PGE_1$의 효과(效果)를 보고 나아가서 계양막(鷄羊膜)에 대(對)한 $PGE_1$의 작용(作用)을 관찰(觀察)하였다. 1. 기니아-픽 적출정관표본(摘出精管標本)에서 $PGE_1$전처치(前處置)에 의(依)하여 phenylephrine이나 norepinephrine의 작용(作用)이 증강(增强)되었으며, 하복신경(下腹神經)-근표본(筋標本)에서 신경자극(神經刺戟)이나 trans-mural stimulation에 의(依)한 수축(收縮)에 미치는 phenylephrine, norepinephrine 및 tyratnine의 작용(作用)이 $PEG_1$ 전처치(前處置)에 의(依)하여 증강(增强)되었다. 특히 긴장상승(緊張上昇)이 현저(顯著)하였다. 2. 백서정관(白鼠精管)의 하복신경(下腹神經)-근표본(筋標本)에서는 기너아-픽 정관(精管)에서와는 달리 $PGE_1$을 처리(處理)함으로써 신경자극(神經刺戟) 및 transmural stimulation에 의(依)한 수축고(收縮高)가 서서(徐徐)히 감소(減少)되고, $PGE_1$을 전처치(前處置)한 후(後)에도 $10^{-6}g/ml$ phenylephrine 또는 norepinephrine에 의(依)한 긴장상승(緊張上昇)이나 수축고(收縮高)의 증가(增加)는 나타나지 아니 하였다. 3. 신경섬유(神經纖維)가 제거(除去)된 기니아-픽정관(精管)에 있어서는 $PGE_1$ 전처치(前處置)에 의(依)하여 phenylephrine 또는 norepinep. hrine의 작용(作用)이 증가(增加)되나 denervation 된 백서(白鼠)의 정관(精管)에 있어서는 $PGE_1$ 처리(處理)로서는 norepinephrine의 작용(作用)에 하등(何等)의 영향(影響)을 주지 아니 하였다. 4. 계양막평활근(鷄羊膜平滑筋)의 자발운동(自發運動)은 저농도(低濃度) $PGE_(10^{-8}g/ml)$에 의(依)하여 거의 변화(變化)를 받지 아니 하나, 농도(濃度)가 增加(增加)함으로서 자발운동(自發運動)은 불규칙(不規則)하나 대체(大體)로 억제적(抑制的)으로 나타났었고, $PGE_1$ 전처치후(前處置後) 고농도(高濃度) phenylephrine을 작용(作用)시켰으나 구등(?等)의 영향(影響)을 받지 아니 하였고 physostigmine의 작용(作用)은 길항(拮抗하였다. 이상(以上)의 결과(結果)로 보아 $PGE_1$은 동물(動物)의 정관(精管)에 대(對)한 작용(作用)에는 종(種)의 차이(差異)가 있으며 $PGE_1$은 교감신경효능제(交感神經效能劑)에 의(依)한 기니아-픽 정관수축작용(精管收縮作用)에 대(對)하여 supersensitivity를 야기(惹起)시켰으며, 이는 정관평활근(精管平滑筋)에 대(對)한 직접작용(直接作用)이 아닌 다른 작용기전(作用機轉)에 기인(基因)할 것으로 사료(思料)되는 바이다.

• 한국연극학
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• 제48호
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• pp.447-484
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• 2012

This study aims to analyze the characteristics of post-epic theatre in the Belgian theatre director Jan Lauwers' trilogy titled in "Happy Face/Sad Face": (2004), (2006) and (2008). I regard that it played a very important junction for him to create his own theatrical style compared to earlier years. From this period, Lauwers has tried to create his original plays in order to concentrate the story of our era and has showed to combine a variety of media such as dance, installation, video, singing etc. In this context, I would like to study his own theatricality from the three perspectives of dramaturgy, directing and acting largely based on Hans-Thies Lehmann's theory of post-epic theatre, who pointed out the significance of Lauwer's theatrical leading role very early. First, from the dramaturgical point of view, we need to pay attention to the theme of translunary death; where the living and the dead coexist on the stage. In fact, death is the theme that Lauwers has been struggling to research for quite long time. In his trilogy, the dead never exits the stage. The dead, who is not a representative tragic character, even meddles the things among or with the living and provide comments to people. As a consequence, it happens to reduce a dramaturgical strong tension, leads depreciation of suspense and produces humanism in a way. This approach helps to create his unique comical theatrical atmosphere even though he deals with the contemporary tragic issues such as war, horror and death. Second, from the directing point of view, it is worth to take a look at the polyphonic strategy in terms to applying various media. Among all the things, the arts of dancing and singing in chorus are actively applied in Lauwer's trilogy. The dance is used in individual and microscopic way, on the other hand, singing shows collective and is a macroscopic quality. The dance is the representing media to show Lauwer's simultaneous microscopic mise-en-scene. While main plot takes place around the center-stage, actors perform a dance around the off-centered stage. Instead of exiting from the stage during the performance, the actors would continue dance -sometimes more like movements- around the off-centered stage. This not only describes the narrative, but also shows how each character is engaged to the main plot or incident, and how they look into it as a character. Its simultaneous microscopic mise-en-scene intends to function such as: showing a variety moments of lives, amplifying some moments or incidents, revealing character's emotion, creating illusionary theatrical atmosphere and so on. Meanwhile, singing simple lyrics and tunes are an example of the media to stimulate the audiences' catharsis. As the simple melody lingers in the audiences' mind, it ends up delivering a theatrical message or theme after the performance. This message would be transferred from the singing in chorus functions as a sort of leitmotive in order to make an impression to the audience. This not only richens their emotion but also creates an illusionary effect. Third, from the acting perspective, I'd like to point out the "detachment" aesthetic which Lehmann has pointed out. The actors never go deep into the drama by consistently doing recognize a theatrical illusion. The audience happens to pay attention to their presence through the actor's deliberate gesture, business, movement, rhythm, language, dance etc. The actors are against forming closed action by speaking in various languages or by revealing deliberately stage directions or acts, and by creating expressive mise-en-scene with multiple media. As a consequent, the stage can be transformed to not a metaphoric but a metonymic place. These actions are the ultimate intention for a direct effect to the audience. So to speak, Lauwers uses the anti-illusionary theatrical method: the scenes of fantastic death, interruption of singing and dance, speaking many kinds of languages, acting in detachment-status and so on. These strategies function to make cracks in spectators' desire who has a desire to construct a linear narrative. I'd like to say that it is the numerous potentiality to let the reality penetrate though and collide the reality with a fiction. By doing so, it induces for spectators to see the reality in the fiction. As Lehmann says, "when theatre presents itself as a sketch and not as a finished painting, the spectators are given the chance to feel their own presence, to reflect on it, and to contribute to the unfinished character themselves". In this sense the spectators can perform an objective criticism on our society and world in Lauwer's theatre because there are a number of gaps and cracks in his theatrical illusion where reality can penetrate. This is also the point that we can find out the artists' responsibility in this era of our being.

• 재활간호학회지
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• 제2권2호
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• pp.257-270
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• 1999

The purpose of this study is to investigate factors related to the intent of using home nursing of chronic disease patients who got out of a university hospital. For the purpose, the study selected 153 patients who were hospitalized and left K university hospital with diagnoses of cancer, hypertension, diabetes and cerebral vascular accident and ordered to be discharged and performed interviews with them and surveys on their medical records to obtain the following results. For this study a direct-interview survey and medical record review was conducted from June 28 to Aug. 30, 1998. The frequency and mean values were computed to find the characteristics of the study subjects, and $X^2$-test, t-test, factor analysis and multiple logistic regession analysis were applied for the analysis of the data. The following results were obtained. 1) When characteristics of the subjects were examined, men and women occupied for 58.8% and 41.2%, respectively. The subjects were 41.3 years old in aver age and had the monthly aver age earning of 0.99 million won or below, which was the most out of the total subjects at 34.6%. Among the total, 87.6% resided in cities and 12.4 in counties. The most left the hospital with diagnosis of cancer at 51.6%, followed by hyper tension at 24.2%, diabetes at 13.7% and cerebral vascular accident at 7.2%. 2) 93.5% of the selected patients had the intent of using home nursing and 6.5%, didn't. Among those patients having the intent, 85.6% had the intent of paying for home nursing and 14.4%, didn't. The subjects expected that the nursing would be paid 9,143 won in aver age and 47.7% of them preferred national authorities as the main servers. 86.3% of the subjects thought that home nursing business had the main advantage of making it possible to learn nursing methods at home and thereby contributing to improving the ability of patients and their facilities to solve health problems. 3) Relations between the intent of use and characteristics of the subjects such as demography-related social, home environment, disease and physical function characteristics did not show statistically significant differences among one another. Compared to those who had no intent of using home nursing, the group having the intent had more cases of male patients, the age of 39 or below, residence in cities, 5 family member s or more, no existence of home nursing servers, leaving the hospital from a non-hospitalized building, disease development for five months or below, hospitalization for ten days or more, non-hospitalization with in the recent one month, two times or over of hospitalization, leaving the hospital with no demand of special treatment, operation underwent, poor results of treatment, leaving the hospital with demand of rehabilitation services, physical disablement and high evaluation point of daily life. 4) Among those patients having the intent of using home nursing, 47.6% demanded technical nursing and 55.9%, supportive nursing. As technical nursing,' inject into a blood vessel ' and 'treat pustule and teach basic prevention methods occupied for 57.4%, respectively, topping the list. Among demands of supportive nursing, 'observe patients 'status and refer them to hospitals or community resources as available, if necessary' was the most with percent age point of 59.5. Regarding the intent of paying for home nursing, 39.2% of those patients wishing to use the nursing responded paying for technical services and 20.2, supportive services. In detail, 70.0% wanted to pay for a service stated as 'inject into a blood vessel', highest among the former services and 30.7%, a service referred to as 'teaching exercises needed to make the body of patients move', highest among the latter. When this was analyzed in terms of a relation between the need(the need for home nursing) and the demand(the intent of paying for home nursing), The rate of the need to the demand was found two or three times higher in technical nursing(0.82) than in supportive nursing(0.35). In aspects of tech ical nursing, muscle injection(1.26, the 1st rank) was highest in the rate while among aspects of supportive nursing, a service referred to as 'teach exercises needed for making patients move their bodies normally'(0.58, the 1st rank). 5) factors I(satisfaction with hospital services), II(recognition of disease state), III(economy) and IV(period of disease) occupied for 34.4, 13.8, 11.9 and 9.2 percents, respectively among factors related to the intent by the subjects of using home nursing, totaled 59.3%. In conclusion, most of chronic disease patients have the intent of using hospital-based home nursing and satisfaction with hospital services is a factor affecting the intent most. Thus a post-management system is needed to continue providing health management to those patients after they leave the hospital. Further, supportive services should be provided in order that those who are satisfied with hospital services return to their community and live their in dependent lives. Based on these results, the researcher would make the following recommendation. 1) Because home nursing becomes more and more needed due to a sharp increase in chronic disease patients and elderly people, related rules and regulations should be made and implemented. 2) Hospital nurses specializing in home nursing should be cultivated.