• Title/Summary/Keyword: passive remedy

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Refusing Enforcement of Arbitral Awards and Passive Remedy : Focused on PT First Media TBK v. Astro Nusantara International BV and others [2013] SGCA 57 (중재판정의 집행거부와 소극적 구제 - 싱가포르의 PT First Media TBK v. Astro Nusantara International BV and others [2013] SGCA 57 판결의 분석 -)

  • Sur, Ji-Min
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.131-152
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    • 2018
  • On October 31, 2013, the Singapore Court of Appeals handed down a landmark decision in the case of PT First Media TBK v Astro Nusantara International and Others [2013] SGCA 57. The case arose out of an arbitration in Singapore involving the Malaysian conglomerate Astro and the Indonesian conglomerate Lippo, which culminated in a USD 250 million award in favor of Astro. The final award was given to three Astro subsidiaries who were not parties to the arbitration agreement, but who were joined in the arbitration pursuant to an application by Astro. Lippo then applied to the Singapore High Court to set aside the enforcement orders. The Court of Appeals, however, reversed the High Court's decision, and found that Astro was only entitled to enforce the awards. Also, the Court of Appeals undertook a detailed analysis of the use of active and passive remedies to defeat an arbitral award at the seat and the place of enforcement, respectively. It also touches on the innovation of forced joinders of third parties in arbitrations, which have garnered significant interest in the arbitration community. This decision is therefore expected to have a significant impact on the practice of international arbitration, including in relation to how awards can be enforced or defeated, as the case may be.

Compensative Microstepping Based Position Control with Passive Nonlinear Adaptive Observer for Permanent Magnet Stepper Motors

  • Kim, Wonhee;Lee, Youngwoo;Shin, Donghoon;Chung, Chung Choo
    • Journal of Electrical Engineering and Technology
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    • v.12 no.5
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    • pp.1991-2000
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    • 2017
  • This paper presents a compensative microstepping based position control with passive nonlinear adaptive observer for permanent magnet stepper motor. Due to the resistance uncertainties, a position error exists in the steady-state, and a ripple of position error appears during operation. The compensative microstepping is proposed to remedy this problem. The nonlinear controller guarantees the desired currents. The passive nonlinear adaptive observer is designed to estimate the phase resistances and the velocity. The closed-loop stability is proven using input to state stability. Simulation results show that the position error in the steady-state is removed by the proposed method if the persistent excitation conditions are satisfied. Furthermore, the position ripple is reduced, and the Lissajou curve of the phase currents is a circle.

A Study of Science Teaching Models for Management Biological Misconceptions on High School Students (고등학생들의 생물 오개념 처치를 위한 수업모형 연구)

  • Chung, Wan-Ho
    • Journal of The Korean Association For Science Education
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    • v.17 no.3
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    • pp.333-343
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    • 1997
  • The purpose of the present study was to investigate an appropriate instructional model in order to remedy students' misconception. As hypotheses of this study, three instructional models, cognitive conflicting, hypothesis testing, and learning cycle models, on biological 'osmosis' concept were tested in 176 high school students. Results of the present study are as follows: 1. All groups used one of three instructional models showed a statistically significant improvement in conceptual change on the 'osmosis' concept between before and after the instruction. In addition, the three hypothesized instructional models were more effective in conceptual change than a traditional expository instruction. 2. There was a statistically significant difference among three experimental groups. Cognitive conflicting model and hypothesis testing model was more effective than learning cycle models. 3. An interviewing after instruction showed that students who had scientific concept on the 'osmosis' through the instruction could effectively apply the concept to other context more than students who had no scientific concept through instruction. The present study indicated that instructional model play an important role on students' conceptual change in science classroom. According to the result of this study, the instruction emphasizing students' active participation in class and scientific reasoning process is more appropriate to remedy misconception that the instruction using students' passive participation in class and expository teaching procedure. This study also indicated that students' concept acquired through instruction is one of important factors to apply it to other context.

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The Effect of Allergic Inflamation by Sophora Flavescens Aiton Extract Ion Through Inhibition of the $NF{\kappa}B$, JNK and p38 Pathway (고삼(苦蔘)에탄올 추출물이 $NF{\kappa}B$ 및 JNK, p38 조절을 통한 알레르기성 염증에 미치는 영향)

  • Lee, Ji-Young;Park, Seong-Sik
    • Journal of Sasang Constitutional Medicine
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    • v.21 no.1
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    • pp.139-149
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    • 2009
  • 1. Objectives The roots of Sophora flavescens Aiton (SFA) are widely used as a herbal remedy for allergic inflammation. In this study, we invested the effect of SFA on passive cutaneous anaphylaxis reaction and histamin releas and we demonstrated that SFA suppressed the production of pro-inflammatory cytokines, such as tumor necrosis factor-${\alpha}$ (TNF-${\alpha}$), interleukin- 6 (IL-6), and interleukin -8 (IL-8), through inhibition of the $NF{\kappa}B$, JNK and p38 pathway in the human mast cell line, HMC-1. 2. Methods To accomplish this, we invested passive cutaneous anaphylaxis reaction and histamin release at an animal experiment. In addition, we investigated the effect of SFA on the production of inflammation-related cytokines in HMC-1 cells that were co-treated with PMA and A23187, which can induce production of pro-inflammatory cytokines. 3. Results and Conclusions SFA induced passive cutaneous anaphylaxis reaction and histamin releas and supressed the expression of TNF-${\alpha}$, IL-6, and IL-8. In addition, the protein levels of TNF-${\alpha}$ were also decreased by SFA treatment. Furthermore, SFA inhibited the nuclear translocation of nuclear factor $NF{\kappa}B$ through inhibition of the phosphorylation and degradation of $I{\kappa}B-{\alpha}$, which is an inhibitor of $NF{\kappa}B$. Moreover, SFA also inhibited induction of MAPKs (JNK, p38) and $NF{\kappa}B$ promoter-mediated luciferase activity. Taken together, these results suggest that SFA could be used as a treatment for mast cell-derived allergic inflammatory diseases.

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The effects of Quibitanggagam(QBT) on the stress due to restraint method in rat (귀비탕가감방(歸脾湯加減方)이 구속 Stress 유발 백서(白鼠)에 미치는 영향)

  • Kim, Ki-Hyun;Chang, Gyu-Tae;Kim, Jang-Hyun;Kwon, Hyuk-Ran
    • The Journal of Pediatrics of Korean Medicine
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    • v.19 no.2
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    • pp.99-114
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    • 2005
  • Objectives: This study was aimed to find out the anti-stress and protective-memory effect of Quibitanggagam(QBT) on stress of rats Methods : This experimental study was conducted with elevated plus maze test, passive avoidance test, morris water maze test, and consequently density of AchE reactivity in the CA1 of hippocampus to research the learning and memory of rats affected by restraint stress, Results: Passive avoidance test revealed that time latency of retention test for QBT+Stress group significantly decreased on 2, 3rd day. Morris water maze revealed that acqusitive ability of QBT+Stress group significantly improved on 2, 3rd day and retentive ability of QBT+Stress group was significantly improved on 7th day. Elevated plus maze test revealed that latency in open arm of QBT+Stress group significantly decreased and locomotor activity(number of entered arm) of QBT+Stress group was significantly increased. The values of density of AchE stained nuclei in the CA1 of hippocampus QBT+Stress group was significantly increased compared with SAL+Stress group. Conclusion : According to the above results, it is concluded that QBT will be useful as a remedy against stress disease and improving memory.

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Antiamnesic potentials of Foeniculum vulgare Linn. in mice

  • Joshi, Hanumanthachar;Parle, Milind
    • Advances in Traditional Medicine
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    • v.7 no.2
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    • pp.182-190
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    • 2007
  • Alzheimer's disease is a neurodegenerative disorder associated with a decline in cognitive abilities. Dementia is one of the aged related mental problems and a characteristic symptom of Alzheimer's disease. Nootropic agents like piracetam and cholinesterase inhibitors like $Donepezil^{\circledR}$ are used in situations where there is organic disorder in learning abilities, but the resulting side-effects associated with these agents have limited their utility. Foeniculum (F.) vulgare Linn. is widely used in Indian traditional systems of medicines and also as a house remedy for nervous debility. The present work was undertaken to assess the potential of F. vulgare as a nootropic and anti-cholinesterase agent in mice. Exteroceptive behavioral models such as Elevated plus maze and Passive avoidance paradigm were employed to assess short term and long term memory in mice. To delineate the possible mechanism through which F. vulgare elicits the anti-amnesic effects, its influence on central cholinergic activity was studied by estimating the whole brain acetylcholinesterase activity. Pretreatment of methanolic extract of fruits of F. vulgare Linn. for 8 successive days, ameliorated the amnesic effect of scopolamine (0.4 mg/kg) and aging induced memory deficits in mice. F. vulgare extract significantly decreased transfer latencies of young mice and aged mice, increased step down latency and exhibited significant anti-acetyl cholinesterase effects, when compared to piracetam, scopolamine and control groups of mice. F. vulgare might prove to be a useful memory restorative agent in the treatment of dementia seen in the elderly.

An Improved Lightweight Two-Factor Authentication and Key Agreement Protocol with Dynamic Identity Based on Elliptic Curve Cryptography

  • Qiu, Shuming;Xu, Guosheng;Ahmad, Haseeb;Xu, Guoai;Qiu, Xinping;Xu, Hong
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.13 no.2
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    • pp.978-1002
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    • 2019
  • With the rapid development of the Internet of Things, the problem of privacy protection has been paid great attention. Recently, Nikooghadam et al. pointed out that Kumari et al.'s protocol can neither resist off-line guessing attack nor preserve user anonymity. Moreover, the authors also proposed an authentication supportive session initial protocol, claiming to resist various vulnerability attacks. Unfortunately, this paper proves that the authentication protocols of Kumari et al. and Nikooghadam et al. have neither the ability to preserve perfect forward secrecy nor the ability to resist key-compromise impersonation attack. In order to remedy such flaws in their protocols, we design a lightweight authentication protocol using elliptic curve cryptography. By way of informal security analysis, it is shown that the proposed protocol can both resist a variety of attacks and provide more security. Afterward, it is also proved that the protocol is resistant against active and passive attacks under Dolev-Yao model by means of Burrows-Abadi-Needham logic (BAN-Logic), and fulfills mutual authentication using Automated Validation of Internet Security Protocols and Applications (AVISPA) software. Subsequently, we compare the protocol with the related scheme in terms of computational complexity and security. The comparative analytics witness that the proposed protocol is more suitable for practical application scenarios.

Improved Flyweight RFID Authentication Protocol

  • Vallent, Thokozani Felix;Yoon, Eun-Jun;Kim, Hyunsung
    • IEIE Transactions on Smart Processing and Computing
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    • v.1 no.2
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    • pp.95-105
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    • 2012
  • The widespread implementation of RFID in ubiquitous computing is constrained considerably by privacy and security unreliability of the wireless communication channel. This failure to satisfy the basic, security needs of the technology has a direct impact of the limited computational capability of the tags, which are essential for the implementation of RFID. Because the universal application of RFID means the use of low cost tags, their security is limited to lightweight cryptographic primitives. Therefore, EPCGen2, which is a class of low cost tags, has the enabling properties to support their communication protocols. This means that satisfying the security needs of EPCGen2 could ensure low cost security because EPCGen2 is a class of low cost, passive tags. In that way, a solution to the hindrance of low cost tags lies in the security of EPCGen2. To this effect, many lightweight authentication protocols have been proposed to improve the privacy and security of communication protocols suitable for low cost tags. Although many EPCgen2 compliant protocols have been proposed to ensure the security of low cost tags, the optimum security has not been guaranteed because many protocols are prone to well-known attacks or fall short of acceptable computational load. This paper proposes a remedy protocol to the flyweight RFID authentication protocol proposed by Burmester and Munilla against a desynchronization attack. Based on shared pseudorandom number generator, this protocol provides mutual authentication, anonymity, session unlinkability and forward security in addition to security against a desynchronization attack. The desirable features of this protocol are efficiency and security.

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A Study on the Duty of Fair Presentation in Insurance Act 2015 (2015년 영국 보험법 상 공정표시의무에 관한 연구)

  • SHIN, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.72
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    • pp.57-80
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    • 2016
  • Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

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Assessment of Monitored Natural Attenuation as Remediation Approach for a BTEX Contaminated Site in Uiwang City (의왕시내 BTEX 오염 부지에서의 자연 정화법 이용 적합성 고찰)

  • 이민효;윤정기;박종환;이문순;강진규;이석영
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 1999.04a
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    • pp.149-156
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    • 1999
  • In the United States (U.S.), the monitored natural attenuation (MNA) approach has been used as an alternative remedial option for organic and inorganic compounds retained in soil and dissolved in groundwater. The U.S. Environmental Protection Agency (EPA) defines the MNA as“in-situ naturally-occurring processes include biodegradation, diffusion, dilution, sorption, volatilization, and/or chemical and biochemical stabilization of contaminants and reduce contaminant toxicity, mobility or volume to the levels that are protective of human health and the environment”. The Department of Soil Environment. National Institute Environmental Research (NIER) is in the process for demonstrating the MNA approach as a potential remedial option for the BTEX contaminated site in Uiwang City. The project is charactering the research site in terms of the nature and extend of contamination, biological degradation rate, and geochemical and hydrological properties. The microbial-degradation rate and effectiveness of nutrient and redox supplements will be determined through laboratory batch and column tests. The geochemical process will be monitored for determining the concentration changes of chemical species involved in the electron transfer processes that include methanogenesis, sulfate and iron reduction, denitrification, and aerobic respiration. Through field works, critical soil and hydrogeologic parameters will be acquired to simulate the effects of dispersion, advection, sorption, and biodegradation on the fate and transport of the dissolved-phase BTEX plume using Bioplume III model. The objectives of this multi-years research project are (1) to evaluate the MNA approach using the BTEX contaminated site in Uiwang City, (2) to establish a standard protocol for future application of the approach, (3) to investigate applicability of the passive approach as a secondary treatment remedy after active treatments. In this presentation, the overall picture and philosophy behind the MNA approach will be reviewed. Detailed discussions of the site characterization/monitoring plans and risk-based decision-making processes for the demonstration site will be included.

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