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Recognition and Enforcement of Foreign Arbitral Awards in Japan: Conventions, National law and Refusal of Recognition and Enforcement (일본법상 외국중재판정의 승인집행 -적용법규와 승인집행거부를 중심으로-)

  • Kim, Eon-Suk
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.25-46
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    • 2010
  • In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

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Wastewater Utilization: A Place for Managed Wetlands - Review -

  • Humenik, F.J.;Szogi, A.A.;Hunt, P.G.;Broome, S.;Rice, M.
    • Asian-Australasian Journal of Animal Sciences
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    • v.12 no.4
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    • pp.629-632
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    • 1999
  • Constructed wetlands are being used for the removal of nutrients from livestock wastewater. However, natural vegetation typically used in constructed wetlands does not have marketable value. As an alternative, agronomic plants grown under flooded or saturated soil conditions that promote denitrification can be used. Studies on constructed wetlands for swine wastewater were conducted in wetland cells that contained either natural wetland plants or a combination of soybeans and rice for two years with the objective of maximum nitrogen reduction to minimize the amount of land required for terminal treatment. Three systems, of two 3.6 by 33.5 m wetland cells connected in series were used; two systems each contained a different combination of emergent wetland vegetation: rush/bulrush (system 1) and bur-reed/cattail (system 2). The third system contained soybean (Glycine max) in saturated-soil-culture (SSC) in the first cell, and flooded rice (Oryza sativa) in the second cell. Nitrogen (N) loading rates of 3 and $10kg\;ha^{-1}\;day^{-1}$ were used in the first and second years, respectively. These loading rates were obtained by mixing swine lagoon liquid with fresh water before it was applied to the wetland. The nutrient removal efficiency was similar in the rush/bulrush, bur-reed/cattails and agronomic plant systems. Mean mass removal of N was 94 % at the loading rate of $3kg\;N\;ha^{-1}\;day^{-1}$ and decreased to 71% at the higher rate of $10kg\;N\;ha^{-1}\;day^{-1}$. The two years means for above-ground dry matter production for rush/bulrushes and bur-reed/cattails was l2 and $33Mg\;ha^{-1}$, respectively. Flooded rice yield was $4.5Mg\;ha^{-1}$ and soybean grown in saturation culture yielded $2.8Mg\;ha^{-1}$. Additionally, the performance of seven soybean cultivars using SSC in constructed wetlands with swine wastewater as the water source was evaluated for two years, The cultivar Young had the highest yield with 4.0 and $2.8Mg\;ha^{-1}$ in each year, This indicated that production of acceptable soybean yields in constructed wetlands seems feasible with SSC using swine lagoon liquid. Two microcosms studies were established to further investigate the management of constructed wetlands. In the first microcosm experiment, the effects of swine lagoon liquid on the growth of wetland plants at half (about 175 mg/l ammonia) and full strength (about 350 mg/l ammonia) was investigated. It was concluded that wetland plants can grow well in at least half strength lagoon liquid. In the second microcosm experiment, sequencing nitrification-wetland treatments was studied. When nitrified lagoon liquid was added in batch applications ($48kg\;N\;ha^{-1}\;day^{-1}$) to wetland microcosms the nitrogen removal rate was four to five times higher than when non-nitrified lagoon liquid was added. Wetland microcosms with plants were more effective than those with bare soil. These results suggest that vegetated wetlands with nitrification pretreatment are viable treatment systems for removal of large quantities of nitrogen from swine lagoon liquid.

Effect of Post Insemination Progesterone Supplement on Pregnancy Rates of Repeat Breeder Friesian Cows

  • Ababneh, Mohammed M.;Alnimer, Mufeed A.;Husein, Mustafa Q.
    • Asian-Australasian Journal of Animal Sciences
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    • v.20 no.11
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    • pp.1670-1676
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    • 2007
  • Fifty repeat breeder (RB) Friesian cows were allocated to five groups of 10 cows each, to determine the effect of progesterone (P4) supplement on P4 concentrations and pregnancy rates during the periods of corpus luteum (CL) formation and development between days 2-7 and 7-12 following a spontaneous or $PGF_{2{\alpha}}$-induced estrus. Cows were artificially inseminated during $PGF_{2{\alpha}}$-induced (PGF-P4-d2 and PGF-P4-d7 groups) or spontaneous (S-P4-d2, S-P4-d7, and control groups) estrus. Progesterone-releasing intravaginal device (PRID) devoid of estrogen capsule were inserted either on d 2 (PGF-P4-d2 and S-P4-d2 groups) or d 7 (PGF-P4-d7 and S-P4-d7 groups) post-insemination and left in place for 5 days. Control cows did not receive any treatment. Blood samples were collected for progesterone analysis from all cows once daily for 4 days starting on the day of estrus (d 0) and once every 3 days thereafter until d 22. Progesterone treatment by day interaction accounted for higher plasma P4 in treated than non-treated control cows. Progesterone concentrations differed significantly (p<0.05) during metestrus (d 2 to d 7) but not during diestrus (d 7 to d 12). $PGF_{2{\alpha}}$ treatment, lactation number, service number or their interactions did not affect progesterone concentrations and pregnancy rates. Therefore, cows were grouped according to the day of P4 supplement irrespective of the $PGF_{2{\alpha}}$ treatment. Progesterone supplement on d 7 but not d 2 significantly increased (p<0.03) pregnancy rates in repeat breeding cows with four or more previous services but not in cows in their third service. In conclusion, post-insemination P4 supplement to repeat breeding cows with four or more previous services improved pregnancy rates and should be advocated when no specific reason for infertility is diagnosed. Further studies with larger numbers of repeat breeding cows under field conditions are needed to ascertain the findings of this study.

Revision of ART with Iterative Partitioning for Performance Improvement (입력 도메인 반복 분할 기법 성능 향상을 위한 고려 사항 분석)

  • Shin, Seung-Hun;Park, Seung-Kyu;Jung, Ki-Hyun
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.46 no.3
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    • pp.64-76
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    • 2009
  • Adaptive Random Testing through Iterative Partitioning(IP-ART) is one of Adaptive Random Testing(ART) techniques. IP-ART uses an iterative partitioning method for input domain to improve the performances of early-versions of ART that have significant drawbacks in computation time. Another version of IP-ART, named with EIP-ART(IP-ART with Enlarged Input Domain), uses virtually enlarged input domain to remove the unevenly distributed parts near the boundary of the domain. EIP-ART could mitigate non-uniform test case distribution of IP-ART and achieve relatively high performances in a variety of input domain environments. The EIP-ART algorithm, however, have the drawback of higher computation time to generate test cases mainly due to the additional workload from enlarged input domain. For this reason, a revised version of IP-ART without input domain enlargement needs to improve the distribution of test cases to remove the additional time cost. We explore three smoothing algorithms which influence the distribution of test cases, and analyze to check if any performance improvements take place by them. The simulation results show that the algorithm of a restriction area management achieves better performance than other ones.

Dynamic Developmental Factors and their Problem Solving of Patients that Abuse Marihuana (마리화나 남용환자의 역동적인 발달요인과 문제해결)

  • 원정숙
    • Journal of Korean Academy of Nursing
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    • v.4 no.3
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    • pp.105-116
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    • 1974
  • This study was made on patients who were Hospitalized due to sickness caused by the abuse of marihuana at the Psychiatric Section of a hospital during the period from Feb. to Oct., 1974. The following conclusion was obtained by reviewing the literature with respect to the nursing, and problem solving of those patients. 1. It appears that marihuana is a comparatively mild intoxicant in ordinary preparation without causing physical dependence or tolerance. 2. According to the status of men who are marihuana smokers, approximately 20% of them were college students, those preparing to retake college entrance examinations, non-employed and pharmacists. The men belong mostly to the middle foreigner′s mistress of higher, income bracket, and in the case of women, most of the smokers were US. servicemen entertainers. 3. Dynamic developmental factors: Case 1. : The patient had a characteristic, hysterical and emotionally unitable character, and was of low intelligence, In addition, to this already existing problem, the added uses of marihuana caused a mental illness to develope. Case 2 : The character, was reserved and introspective, her creative power and sentiment was fading and his ability of self-control was weakened. She used the smoking of marihuana to get rid of her own feeling of inferiority complex and tensions coming from interpersonal relationships. Case 3 : The patient was unconditionally resistive to the authoritativeness of superiors and irresponsible in his relationship with women, in his attitude concerning sex in general. He smoked marihuana because he felt become peace-loving and get enchanted experience through smoking it. 4. The points of issue appearing from the above case; (1) Movement of anti-social feelings against the "established system" by the youngsters. (2) Family problem. (3) Shamelessness, loss of motivation, disorderly attitude toward the sex, (4) Worries concerning the future. (5) Lack of knowledge concerning smoking of cigarette and marihuana. Chronic use of marihuana made, those youngman who had originally been ambitions to achieve something in life, lazy, inefficient, unable to make long-term plans, are such weak mined persons that they did not try to overcome problems when encountered. This will pose a great and important question in the mental health of the society, 5. Treatment and Problem sieving According to the literature, we will have to place importance upon hospitalized treatment The phases of treatment were divided into five parts. (1) Prehospital phase (2) Withdrawal Phase (3) Rehabilitation phase (4) Transitional phase (5) After-care phase The experiments have proved that there was much progress in the recovery of patients through environment therapy, supportive therapy and group psychotherapy. This was the above mentioned 5 phases of treating process in accordance with the weekly schedule of the hospital. It was thought that the patients would require prolonged after care management even after they were released from the hospital and that they will also require periodic visit, to the hospital and doctor′s interview with their family. In conclusion, the question of the young generation and marihuana smoking is becoming a great social problem in which their resistances to the "established system" and society is growing in the from of antiestablishment movements. In our country, the smoking of marihuana is gradually developing, therefore, I think, that it would be a very fortunate thing for us, if this report could be helpful for the motivation of further study on the questions of the young generation and its problems.

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Shear Strength of Prestressed PC-CIP Composite Beams with Vertical Shear Reinforcement (전단 철근 보강된 프리스트레스 PC와 CIP 합성보의 전단강도)

  • Suh, Jung-Il;Park, Hong-Gun;Hong, Geon-Ho;Kang, Su-Min;Kim, Chul-Goo
    • Journal of the Korea Concrete Institute
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    • v.27 no.4
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    • pp.399-409
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    • 2015
  • Recently, the use of composite construction method using precast (PC) and cast-in-place (CIP) concrete is increased in modular construction. For PC members, pre-tensioning is used to improve efficiency of the structural performance. However, current design codes do not clearly define shear strength of prestressed PC-CIP composite members. In this study, 22 specimens were tested to evaluate shear strength of prestressed composite members with vertical shear reinforcement. The test variables were the area ratio of high-strength (60 MPa) to low-strength concrete (24 MPa), prestressing force of strands, shear span-to-depth ratio(a/d), and vertical shear reinforcement ratio. The test results showed the prestressing force did not completely restrain diagonal cracking of non-prestressed concrete in the web. Thus, the effect of prestress force was not insignificant in the effect for monolithic beams. The vertical shear strength and horizontal shear strength of the composite beams were compared with the strength predictions of KCI design method.

Experimental Study on the Cracking Loads of LB-DECKs with Varied Cross-Section Details (단면 상세가 변화된 LB-DECK의 균열하중에 대한 실험적 연구)

  • Youn, Seok-Goo;Cho, Gyu-Dae
    • Journal of the Korea Concrete Institute
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    • v.23 no.5
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    • pp.657-665
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    • 2011
  • LB-DECK, a precast concrete panel type, is a permanent concrete deck form used as a formwork for cast-in-place concrete pouring at bridge construction site. LB-DECK consists of 60 mm thick concrete slab and 125 mm height Lattice-girders partly embedded in the concrete slab. These decks have been applied to the bridges, which girder spacings are short enough to resist longitudinal cracking caused by construction loads. This paper presents experimental research work conducted to evaluate the cracking load of LB-DECKs designed for long span bridge decks. Twenty four non-composite beams and four composite beams are fabricated considering three design variables of thickness of concrete slab, height of lattice-girder, and diameter of top-bar. Static loads controlled by displacements are applied to test beams to obtain cracking and ultimate loads. Vertical displacements at the center of beams, strains of top-bar, crack propagation in concrete slab, and final failure modes are carefully monitored. The obtained cracking loads are compared to the analytical results obtained by elastic analyses. Long-term analyses using age-adjusted effective modulus method (AEMM) are also conducted to investigate the effects of concrete shrinkage on the cracking loads. Based on the test results, the tensile strength and the design details of LB-DECKs are discussed to prevent longitudinal cracking of long span bridge decks.

A Study on the Direction of Ubiquitous Space Development through the Analysis on Case Studies (연구 사례 분석을 통한 유비쿼터스 공간 개발 방향에 관한 연구)

  • 홍관선;이혁수
    • Archives of design research
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    • v.16 no.3
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    • pp.391-400
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    • 2003
  • As the change of information and digital technology progresses, ubiquitous space is attracting attention as a new space concept in which the physical and digital spaces are connected to each other. As its meaning in latin itself - 'there exist everywhere at the same time'- implies, however, the ubiquitous space has been mostly discussed in a non-physical aspect, such as in a technological area, rather than its physical intrinsic property until now. Although theories regarding a ubiquitous city have been rarity suggested, in most cases, technological aspects such as the systemization or networking of individual information service have been the focus. However, one of the intentions induced in the concept that scholars including Mark weiser and Sakamura Ken introduced was to place humans in the center of the space in which the technology has been placed instead of humans. For this purpose, the renovation of human interface must be required. As technology develops, the achievement of ubiquitous space may be possible, and efforts to apply this to real space are making an appearance. The examples of the present research are the spaces that have a characteristic of the laboratory separated from life in the city, and the construct scale is in the level of an individual facility; therefore, further studies should functionally and spaciously connect all subjects existing in space and effectively relate this to real world. The present research is intended to demonstrate the investigation on several projects that are currently underway and the developmental direction of new, ubiquitous space.

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Detection of Subsurface Ancient Remains in Sooseong Dang Area, Buan Using Ground Penetration Radar Technique (지하투과레이다 기법을 이용한 부안 수성당 지역의 지하 유적 탐사)

  • Lee, Hyoun-Jae;Jeon, Hang-Tak;Yun, Sul-Min;Hamm, Se-Yeong
    • The Journal of Engineering Geology
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    • v.29 no.4
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    • pp.553-563
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    • 2019
  • In order to survey archaeological sites, drilling and excavation are carried out at the final stage. However, at the preliminary stage, non-excavation geophysical prospection is used for assessing underground archaeological ruins. Among the geophysical prospecting techniques, Ground Penetration Radar (GPR) prospection has effectively been applied to historical sites due to its high resolution at shallow depths. In this study, the GPR prospection was conducted to find underground ruins near Suseong-Dang, the place of ancient rituals in Buan area, Korea. First, the GPR prospection was conducted at three sites (Site-1, 2, and 3), and subsequently, the GPR prospection was carried out at Site-3 in more detail. As a result of the prospection, the underground layered structure of the survey area consists of three layers, which are soil layer, weathered rock, and sound rock from the surface. And the GPR anomaly to the archaeological structure was clearly identified at around 100-cm depth showing est-west direction that is parallel to the long-axis array. This GPR anomaly of irregular geomorphological features and intermittent distribution may be related to the ritual remains found in Suseong Dang. The GPR prospection could be effectively used to detect archaeological sites or remains buried in the ground.

State of the Art of the Cyclic Plasticity Models of Structural Steel (구조용 강재의 반복소성모델 분석 연구)

  • Lee, Eun Taik
    • Journal of Korean Society of Steel Construction
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    • v.14 no.6
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    • pp.735-746
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    • 2002
  • The task of plastic theory is twofold: first, to set up relationships between stress and strain that adequately describe the observed plastic deformation of metals, and second, to develop techniques for using these relationships in studying of the mechanics of metal forming processes, and the anlaysis and design of structures. One of the major problems in the theory of plasticity is to describe the behavior of work-hardening materials in the plastic range for complex loading histories. This can be achieved by formulating constitutive laws either in the integral or differential forms. To adequately predict the response of steel members during cyclic loading, the hardening rule must account for the features of cyclic stress-strain behavior. Neithe of the basic isotropic and kinematic hardening rules is suitable for describing cyclic streess-strain behavior, although a kinematic hardening rule describes the nearly linear portions of the stabilized hystersis loops. There is also a limited expansion of the yield surface as predicted by the isotropic hardening rule. Strong ground motions or wind gusts affect the complex and nonproportional loading histories in the inelastic behavior of structues rather than the proportional loading. Nonproportional loading is defined as externally applied forces on the structure, with variable ratios during the entire loading history. This also includes the rate of time-dependency of the loads. For nonproportional loading histories, unloading may take place along a chord instead of the radius of the load surface. In such cases, the shape of the stress-strain curve has to be determined experimentally for all non-radial loading conditions. The plasticity models including two surface models ae surveyed based on a yield surface and a bound surface that represent a state of maximum stress. This paper is concerned with the improvement of a plasticity models of the two-surface type for structural steel. This is follwed by an overview of plasticity models on structural steel. Finally the need for further research is identified.