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Interim Relief in International Commercial Arbitration (국제상사중재(國際商事仲裁)에 있어서 중간보전조치(中間保全措置))

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.131-149
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    • 2000
  • In connection with international commercial arbitration the need to seek interim relief is generally recognized. Interim reliefs address the requirements of a party for immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal. The most common forms of interim relief are attachments and injunctions. If the arbitral tribunal has not yet been appointed, an application for interim relief must usually be addressed to the local courts at the place of commercial arbitration. If the arbitral tribunal has been appointed, the application for interim relief is first made to the arbitral tribunal. Interim relief by the arbitral tribunal is in the form of a direction to the parties. Since the arbitral tribunal has no enforcement power, it may be necessary to have a arbitral tribunal's direction confirmed by a local court which can enforce its order. The New York Convention does not provide for interim reliefs. The question is whether Article II(3) of the New York Convention that the court "shall, at the request of one of the parties, refer the parties to arbitration" denies jurisdiction to courts to grant interim reliefs in international commercial arbitration. Some cases have indicated that the U. S. court have no power to grant interim relief. Other cases have indicated that the U. S. courts do have the power to grant interim relief. It is unlikely that a U. S. court will order interim relief in relation to an commercial arbitration in a foreign country. Article 26 of the UNCITRAL Arbitration Rules provides with respect to interim measures of protection. Section 1 of Article 26 of UNCITRAL Arbitration Rules provides that the arbitral tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation of the goods forming the subject matter in dispute. This article gives the arbitral tribunal the broadest authority, not limited to safeguarding property. Article 17 of the UNCITRAL Model Law on International Commercial Arbitration provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. It may be noted that the article does not deal with enforcement of such measures. The International Chamber of Commerce Rules of Conciliation and Arbitration do not expressly empower the arbitral tribunal to grant interim reliefs. However, Article 8.5 of the ICC Rules of Conciliation and Arbitration provides that the parties shall be at liberty to apply to any competent judicial authority for interim measures. In conclusion, the power of the arbitral tribunal to provide interim reliefs is generally recognized in the arbitration rules of arbitral institutions. However, the arbitral tribunal's authority is limited by its lack of enforcement mechanisms. It is generally recognized that the local courts have power to grant interim reliefs in aid of an commercial arbitration. However, local courts are reluctant to grant interim reliefs if that decision requires an adjudication of issues within the special competence of the arbitral tribunal.

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Risk Factors for Clinical Metastasis in Men Undergoing Radical Prostatectomy and Immediate Adjuvant Androgen Deprivation Therapy

  • Taguchi, Satoru;Fukuhara, Hiroshi;Kakutani, Shigenori;Takeshima, Yuta;Miyazaki, Hideyo;Suzuki, Motofumi;Fujimura, Tetsuya;Nakagawa, Tohru;Igawa, Yasuhiko;Kume, Haruki;Homma, Yukio
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.24
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    • pp.10729-10733
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    • 2015
  • Background: Adjuvant androgen deprivation therapy (ADT) is a treatment option for prostate cancer (PC) patients after radical prostatectomy (RP). Although it can achieve a good progression-free survival rate, some patients still develop clinical metastasis. We here investigated risk factors of clinical metastasis in post-prostatectomy patients who received immediate adjuvant ADT. Materials and Methods: We identified 197 patients with non-metastatic PC who underwent RP at our institution between 2000 and 2012, followed by adjuvant ADT. The associations of various clinicopathologic factors with clinical metastasis (primary endpoint) and cancer-specific survival (secondary endpoint) were assessed. Multivariate analysis was conducted using a Cox proportional hazards model. Median follow-up was 87 months after RP. Results: Nine (4.6%) patients developed clinical metastasis and six (3.0%) died from PC. Eight of nine metastatic patients had a pathologic Gleason score (GS) 9 and developed bone metastasis, while the remaining one had pathologic GS 7 and developed metastasis only to para-aortic lymph nodes. On multivariate analyses, pathologic GS ${\geq}9$ and regional lymph node metastasis (pN1) were independent predictors of clinical metastasis and pathologic GS ${\geq}9$ was an independent predictor of cancer-specific death. Conclusions: Pathologic GS ${\geq}9$ and pN1 were independent predictors of clinical metastasis in post-prostatectomy patients who received immediate adjuvant ADT. Furthermore, pathologic GS ${\geq}9$ was an indispensable condition for bone metastasis, which may imply that patients with GS ${\leq}8$ on adjuvant ADT are unlikely to develop bone metastasis.

The Effect of the Periods of Bed Rest on the Postlumbar Puncture Headache in Pediatric Oncology Patients (소아혈액 종양환자의 요추천자 후 침상안정시간이 천자 후 두통에 미치는 영향)

  • Kim, Yeong-Mi
    • The Korean Nurse
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    • v.36 no.2
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    • pp.73-83
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    • 1997
  • Bed rest is recommended to prevent postlumbar puncture headaches(PLPHA), but the period of bed rest varies in the literature from 6 hours to 24 hours. In clinical practice the period of bed rest varies but nursing methods for adults and children have little difference. In Seoul National University Hospital, children have been given at least 6 hours bed rest after a lumbar puncture. Pediatric oncology patients require a lumbar puncture for an initial diagnosis, follow up treatment or administration of chemotherapeutic agent. But it is difficult for young children to lie supine or to refrain from their usual activities in any way, and unpleasant problems related to a shortage of beds often occurs during discharge or in an outpatient setting. The purpose of this study is to substantiate the preventive effect of PLPHA by the period of bed rest, to identify the other factors that influence PLPHA, and to use the nursing methods proper to children. The subjects were 65 children, ages 1-17, undergoing treatment in the children's cancer center at SNUCH during the period June 1, 1995, to Aug. 31, 1995. The team nurses asked questions about PLPHA of the parents and children in order to fill out a questionnaire. The data were evaluated by percent, t-test, Chi-square test and Mann-Whitney U test. Result; 1. There was no significant difference relating the bed rest time spent to the occurrence of postspinal headaches (t-test). 2. There was a significant risk of PLPHA in the children who were irritable before procedure and/or had experienced previous PLPHA(p<0.05, ${x^2}-test$). 3. The following factors were not found to be associated with increased risk of PLPHA: previous puncture experience, giving analgesics, the choice of puncturist, inpatient/outpatient status, gauge of needle, purpose, the amount of CSF removed, gender, diagnosis, the number of peripheral WBCs, previous lumbago experience after LP, position after bed rest, age, the number of aural puncture at the time. A longer period of bed rest is unlikely to be more effective to prevent PLPHA and seems impractical. A shorter period will save time and effort. Perhaps it will also allay some of the fears which surround LP. So 1 hour bed rest after LP is suggested and nursing methods for emotional support should be investigated to reduce PLPH.

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A Study on the Biotope Evaluation and Classification of Urban Forests for Landscape Ecological Management (경관생태학적 도시숲 관리를 위한 비오톱 평가지표 및 유형 분류에 관한 연구)

  • Oh, Jeong-Hak;Cho, Jae-Hyung;Cho, Hyun-Je;Choi, Myoung-Sub;Kwon, Jino
    • Journal of the Korean Association of Geographic Information Studies
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    • v.11 no.4
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    • pp.101-111
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    • 2008
  • To provide more natural elements in the harsh urban environment, 'planting trees as urban forests' has been emphasized as having an important role, and trees are expected to be as functional as the trees under more natural conditions in rural areas, and provide people with benefits. To do this, urban forest policies needed a better idea of planting methods and management of trees through the theory of landscape ecology, and also the feedback system according to the evaluation and assessment of urban forests. In this case study, a new principle and assessment indices for the evaluation are applied for the 4 urban forests in two Korean metropolitan cities, Daejeon and Ulsan. The evaluation of Korean urban forest-function as biotope and the assessment for the classification of biotope diversity types are carried out. The AUEM(Adding Up Estimation Matrix) is applied for the analysis of urban forests. Unlikely previous researches on the other Korean metropolitan cities, the size of urban forest has less influence on the vegetation diversity. The most frequent biotope grade is the 3rd grade at Namseon park and Mt. Hamwol, while Mt. Bomun and Mt. Yeompo show the 4th grade. The grades of forest-function as biotope are from 3rd to 5th in which lower than average in forest-function grades. This means that the 4 sites are still not-matured forests and less-functional forests as the urban biotope.

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Detection of Recombinant Marker DNA in Genetically Modified Glyphosate- Tolerant Soybean and Use in Environmental Risk Assessment

  • Kim, Young-Tae;Park, Byoung-Keun;Hwang, Eui-Il;Yim, Nam-Hui;Lee, Sang-Han;Kim, Sung-Uk
    • Journal of Microbiology and Biotechnology
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    • v.14 no.2
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    • pp.390-394
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    • 2004
  • The genetically modified glyphosate-tolerant soybean contains the following introduced DNA sequences: the EPSPS (5-enol-pyruvylshikimate-3-phosphate synthase) gene from Agrobacterium sp. strain CP4, the 35S promoter from the cauliflower mosaic virus, and the NOS terminator from Agrobacterium tumefaciens. In the present study, detection of these introduced DNAs was performed by amplification using the polymerase chain reaction (PCR). A multiplex PCR method was also applied to prevent false positive results. When primers for 35S promoter, nos3', CTP(chloroplast transit peptide), and CP4 EPSPS (EPSPS from Agrobacterium sp. CP4) were used, positive results were obtained in PCR reactions using DNA from genetically modified glyphosate-tolerant soybeans. There were no false positive results when using DNA from non-genetically modified soybeans. The CP4 EPSPS gene was detected when less than 125 pg glyphosate-tolerant soybean DNA was amplified. Lectin Lel and psb A were amplified from both non-genetically modified and genetically modified glyphosate-tolerant soybean DNA. Multiplex PCR was performed using different primer sets for actin Sacl, 35S promoter and CP4 EPSPS. The actin gene was detectable in both non-genetically modified and glyphosate-tolerant soybeans as a constant endogenous gene. Target DNAs for the 35S promoter, and CP4 EPSPS were detected in samples containing 0.01-0.1% glyphosate-tolerant soybean, although there were variations depending on primers by multiplex PCR. Soybean seeds from five plants of non-genetically modified soybean were co-cultivated for six months with those of genetically modified soybean, and they were analyzed by PCR. As a result, they were not positive for 35S promoter, nos3' or CP4 EPSPS. Therefore, these results suggest there was no natural crossing of genes between glyphosate-tolerant and non-genetically modified soybean during co-cultivation, which indicates that gene transfer between these plants is unlikely to occur in nature.

Neuroendocrine Control of Gonadotropin Secretion during the Menstrual Cycle

  • Ryu, Kyung-Za
    • The Korean Journal of Pharmacology
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    • v.23 no.2
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    • pp.57-75
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    • 1987
  • Two modalities of gonadotropin secretion, pulsatile gonadotropin and preovulatory gonadotropin surge, have been identified in the mammals. Pulsatile gonadotropin secretion is modulated by the pulsatile pattern of GnRH release and complex ovarian steroid feedback actions. The neural mechansim that regulates the pulsatile release of GnRH in the hypothalamus is called "GnRH pulse generator". Ovarian steroids, estradiol and progesterone, appear to exert thier feedback effects both directly on the pituitary to modulate gonadotropin release and on a hypothalamic site to modulate GnRH release; estradiol primarily affects the amplitude while progesterone decreases the frequency of the pulsatile GnRH. Steroid hormones are known to affect catecholamine transmission in brain. MBH-POA is richly innervated by NE systems and close apposition of NE terminals and GnRH cell bodies occurs in the MBH as well as in the POA. NE normally facilitates pulsatile LH release by acting through ${\alpha}-receptor$ mechanism. However, precise nature of facilitative role of NE transmission in maintaining pulsatile LH has not been clearly understood. Close apposition of DA and GnRH terminals in ME might permit DA to influence GnRH release. Action of DA transmission probably is mediated by axo-axonic contacts between GnRH and DA fibers in the ME. Dopamine transmission does not normally regulate pulsatile LH release, but under certain conditions, increased DA transmission inhibit LH pulse. Endogenous opioid acts to suppress the secretion of GnRH into hypophysial portal circulation, thereby inhibiting gonadotropin secretion. However, an interaction between endogenenous opioid peptides and gonadotropin release is a complex one which involves ovarian hormones as well. LH secretion appears to be most suppressed by endogenenous opioids during the luteal phase, at a time of elevated progesterone secretion. The arcuate nucleus contains not only cell bodies for GnRH and ${\beta}-endorphin$ but also a dense aborization of fibers suggesting that GnRH release is changed by the interactions between GnRH and ${\beta}-endorphin$ cell bodies within the arcuate nucleus. The frequency and amplitude of pulsatile LH release seem to be increased during the preovulatory gonadotropin surge. Estradiol exerts positive feedback action on the hypothalamo-pituitary axis to trigger preovulatory LH surge. GnRH is also crucial hormonal stimulus for preovulatory LH surge. It is unlikely, however, that increased secretion of GnRH during the preovulatory gonadotropin surge represents an obligatory neural signal for generation of the LH discharge in primates including human. Modulation of preovulatory LH surge by catecholamines has been studied almost exclusively in rats. NE and E may be involved in distinct way to accumulate GnRH in the MBH and its release into the hypophysial portal system during the critical period for LH surge on proestrus in rats. However, the mechanisms whereby augmented adrenergic transmission may facilitate the formation and accumulation of GnRH in the ME-ARC nerve terminals before the LH surge have not been clearly understood.

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A Study of GIS-based Estimation of Pollutant Loads in Accordance with Spatial Landuse Variation - Focussing on Wangsook Watershed - (토지이용의 공간적 다양성에 따른 GIS 기반 오염부하 산정에 관한 연구 - 왕숙천 유역을 중심으로 -)

  • Kim, Kyoung-Soon;Kim, Kye-Hyun;Kwon, Oh-Jun
    • Journal of Environmental Impact Assessment
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    • v.14 no.5
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    • pp.305-315
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    • 2005
  • The scheme to classify pollution sources in Korean TMDL planning has been pointed out too much complex to implement practically because of requiring a wide range of items to be collected from a field. Within a deficient situation to collect field data, the mathematical scheme that focuses only on counting an uniform area ratio of the different land uses to estimate of pollutant loads from individual sub-catchments has been used without taking into account of the spatial characteristics of major land uses as well as the locations of pollution sources in each sub-catchment. It would cause to significant level of errors to estimate the pollution loads. Therefore, this study proposes a renovated scheme that can be adopted more easily to classify pollution sources in the watershed and reduce the estimation errors in the spatial distribution of pollution sources by introducing a spatial analysis based on digital land cover maps. In order to estimate a unit area to calculate the uniform pollution load, the pollution response unit area that is locating spatially at the same place and having same land use is identified through the application of GIS overlay technique. Unlikely existing conventional method to calculate the pollution load based on equal distribution of pollutants for each administrative boundary, it is assumed that the pollution load from household and livestock sources are generated and washed off from only residential areas. While, pollution from business population comes from commercial area and industrial load from wastewater discharge facilities are from industrial areas. From comparison of the calculated results from the existing the method and the proposed one, it is found that although the estimation of pollution load from sub-catchment in the case of the existing conventional method application results in negligible difference in total pollution amounts from the whole area of Wangsook watershed as a study area, significant difference of pollution load among sub-catchment in which pollution response unit areas are diverse, however, appears in the case of the application of the renovated scheme.

A Cytotaxonamical study of Rubus (Rosaceae) in Korea (한국산 산딸기속(Rubus)의 세포분류학적 연구)

  • Yang, Ji Young;Pak, Jae-Hong
    • Korean Journal of Plant Taxonomy
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    • v.35 no.2
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    • pp.129-142
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    • 2005
  • Somatic chromosome numbers of 19 taxa of Korean Rubus was investigated. Subg. Anoplobatus (2 species), subg. Cylactis (1 species), subg. Idaeobatus (15 taxa) and subg. Malachobatus (1 species) are found in Korea. All taxa belonging to subg. Idaeobatus except for R. parvifolius which shows tetrapolid and hexaploid are diploid. The basic chromosome number of the genus was x=7. New chromosome numbers for 5 taxa were reported here: R. hongnoensis of Jeju-island endemic species, 2n=14; R. longisepalus, 2n=14; R. longisepalus var. tozawai, 2n=14; R. parvifolius, 2n=28; R. parvifolius var. taquetii, 2n=28. The rest 12 taxa except for R. coreanus Miq was well counted as 2n=14 and well consistent with previous reports from China and Japan. Our new chromosome level for R. parvifolius as 6x may indicate that speciation by polyploidization has occurred within Korean population. Unlikely to Japanese population (2n=42), Korean population of R. buergeri has same ploidy level with Taiwanese population as 2n=56.

Stable Carbon and Nitrogen Isotopes of Sinking Particles in the Eastern Bransfield Strait (Antarctica)

  • Khim, Boo-Keun;Kim, Dong-Seon;Shin, Hyoung-Chul;Kim, Dong-Yup
    • Ocean Science Journal
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    • v.40 no.3
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    • pp.167-176
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    • 2005
  • A time-series sediment trap was deployed at 1,034 m water depth in the eastern Bransfield Strait for a complete year from December 25, 1998 to December 24, 1999. About 99% of total mass flux was trapped during an austral summer, showing distinct seasonal variation. Biogenic particles (biogenic opal, particulate organic carbon, and calcium carbonate) account for about two thirds of annual total mass flux $(49.2\;g\;m^{-2})$, among which biogenic opal flux is the most dominant (42% of the total flux). A positive relationship (except January) between biogenic opal and total organic carbon fluxes suggests that these two variables were coupled, due to the surface-water production (mainly diatoms). The relatively low $\delta^{13}C$ values of settling particles result from effects on C-fixation processes at low temperature and the high $CO_2$ availability to phytoplankton. The correspondingly low $\delta^{l5}N$ values are due to intense and steady input of nitrates into surface waters, reflecting an unlikely nitrate isotope fractionation by degree of surface-water production. The $\delta^{l5}N$ and $\delta^{l3}C$ values of sinking particles increased from the beginning to the end of a presumed phytoplankton bloom, except for anomalous $\delta^{l5}N$ values. Krill and the zooplankton fecal pellets, the most important carriers of sinking particles, may have contributed gradually to the increasing $\delta^{l3}C$ values towards the unproductive period through the biomodification of the $\delta^{l3}C$ values in the food web, respiring preferentially and selectively $^{12}C$ atoms. Correspondingly, the increasing $\delta^{l5}N$ values in the intermediate-water trap are likely associated with a switch in source from diatom aggregates to some remains of zooplankton, because organic matter dominated by diatom may be more liable and prone to remineralization, leading to greater isotopic alteration. In particular, the tendency for abnormally high $\delta^{l5}N$ values in February seems to be enigmatic. A specific species dominancy during the production may be suggested as a possible and speculative reason.

Cervical Cancer Prevention for the Future: the Complimentary Roles of Cytology Screening and HPV Vaccination (자궁경부암 예방의 미래 : 세포선별검사와 HPV 예방접종의 역할)

  • McGoogan, Euphemia
    • The Korean Journal of Cytopathology
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    • v.18 no.1
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    • pp.1-12
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    • 2007
  • Approximately 70% of cervical cancers are caused by HPV types 16/18 and thus the implementation of vaccination programmes with vaccines against HPV types 16/18 will have a major impact on the incidence of cervical cancer worldwide. However, this reduction will not be seen until several decades after full implementation of such vaccination programmes since the vaccines must be given to young adolescents before exposure to the virus and women who are already sexually active are not likely to be protected. Both GSK and Merck insist that even vaccinated women must continue to participate in regular cervical screening by the most sensitive method available since the vaccine can only give protection against up to 70% of cervical cancers. It is unlikely that the current vaccines will be modified to include additional high risk HPV types in the foreseeable future. While HPV testing is highly sensitive, it is not recommended for women under 30 years of age nor for vaccinated women. Additionally, HPV testing has poor specificity. The Digene Hybrid Capture 2 test is licensed for use only in conjunction with a cytology test, not as a stand-alone test, and the high risk panel has recognised cross reactivity with low risk HPV types. None of the other HPV test methods currently commercially available are FDA approved and all must be internally validated before use. This makes comparison of test results between laboratories difficult. The most sensitive and specific screening test currently available for women of all ages is the Cytyc ThinPrep System consisting of the ThinPrep Pap Test (TPPT) and the ThinPrep Imaging System (Imager). The TPPT was the first LBC system approved by the US FDA in 1996 and there are about 4,000 processors in use worldwide. The Imager was FDA approved in 2003 and over 350 systems are in routine use, mainly in the US. 40% of TPPT in the US are processed on Imager. There is clear evidence in peer reviewed literature that the Imager increases laboratory productivity by 100% and growing evidence that Imager detects more high grade SIL than the conventional smear or manual evaluation of TPPT. This aspect is particularly important since the number of cytological abnormalities will decrease as vaccination programmes are implemented. Cytotechnologists will see fewer and fewer abnormal smears and their skills will be put at risk. By doubling throughput, Imager will allow cytotechnologists to maintain their skills.