A Study on the Limits of the Compulsory Dispute Settlement Procedures under the United Nations Convention on the Law of the Sea

From ancient times, ocean has been recognized as an important resources for human. All State have keep interests to the ocean economically, politically and strategically and have struggled to secure their interests in various ways, each other. As a by-product of the competitions, such a many disputes have been occurred among States. In principle, marine disputes have originated under the conflict between mare liberum and mare clausum. International community had made a effort to regulate the marine dispute in a manner of peaceful and speedy dispute settlement procedure since the early 20th century. As the result, the sophisticated dispute settlement system including the compulsory procedures entailing binding decisions was established in the 1982 United Nations Convention on the Law of the Sea. Under the system, prior to the resort to compulsory settlement system entailing binding decisions, the parties to dispute has an obligation to enter into negotiations with a view to arriving at an agreement in advance. This obligation applies to all types of disputes, including ones that involve the interpretation or application of the Convention. The parties to dispute should choose the peaceful means and proceed expeditiously to an exchange of views. It is entitled "General Provisions" essentially requires States to settle disputes through diplomatic channels prior to referring the matter to the compulsory settlement system found in Section 2 of Part XV. If the dispute were not resolved under the General Provisions, the compulsory dispute settlement systems might be applied to dispute. The compulsory dispute settlement procedure is certainly justified with respect to some issues under the Convention and prescribes for limitations and optional exceptions to apply of the procedures. The complicated formulation of exceptions and limitations of the procedures which were established in the Convention indicate when dispute settlement is necessary for the functions of the substantive rules. Article 297 of the Convention, which deals with some of the limitations and exceptions to mandatory dispute resolution, predominantly addresses how the dispute settlement system will apply and operate with respect to the freedoms of the high seas in the EEZ and on the continental shelf. Disputes concerning the interpretation of application of the provisions of this convention with regard to marine scientific research and fisheries shall be settled in accordance with the compulsory dispute settlement. But, if the dispute originates the exercise of right of discretion by coastal State, the compulsory dispute settlement procedures would not apply. Article 298 of the Convention allow for States Parties to exclude certain categories of disputes from compulsory settlement system entailing binding decisions. States may declare when signing, ratifying or acceding to this Convention or at anytime thereafter, that they do not accept the system available under Section 2 for those disputes relating to sea boundary delimitations, involving historic bays or titles, military activities and Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations. These provisitions were prepared for the needs of the State because States didn't want to apply the compulsory dispute settlement system entailing binding decisions about the disputes involved the crucial interests of the States. The dispute settlement system of the Convention is named for a superior and comprehensive system, but this system is not widely used owing to the limitations of the prerequisite and the limitations on applicability of the compulsory dispute settlement system. The objective of this study is to analyze the limitations of the compulsory dispute settlement procedures in applying the procedures to the dispute. Under the Objective, the contents of this thesis as follow : Chapter Ⅱ defines the causes and types of marine dispute and examines the negotiation history of the 3rd United Nations Conference on the Law of the Sea relating to the dispute settlement system. Chapter Ⅲ reviews the pre-conditions for the application of the compulsory dispute settlement procedures. Chapter Ⅳ analyses the limitations on applicability of the compulsory dispute settlement procedures through the elaborate examination on the Article 297 and 298 of the Convention. Chapter Ⅴ, as a conclusion of this study, summarise the results of this study and suggests some measures for preparing future disputes with neighboring States.ABSTRACT ⅳ 제1장 서론 1 제1절 연구의 목적 및 필요성 1 제2절 연구의 범위 및 방법 4 제2장 해양 분쟁의 규제 필요성 및 분쟁해결제도의 발전과정 6 제1절 해양 분쟁의 정의 및 유형 6 1. 해양 분쟁의 의의 및 발생원인 6 2. 해양 분쟁의 유형 8 제2절 유엔해양법협약상 분쟁해결제도의 입법적 연혁 및 구성 18 1. 분쟁의 해결을 위한 국제적 논의 배경 18 2. 분쟁해결제도의 제정과정 20 3. 분쟁해결제도의 구성 및 특징 30 제3장 유엔해양법협약상 강제적 분쟁해결제도의 적용에 대한 선결 조건 39 제1절 임의적 수단에 의한 자발적 분쟁해결 원칙 39 1. 임의적 수단에 의한 분쟁해결의무 39 2. 임의적 수단에 대한 당사자 선택의 자유 41 3. 당사국이 선택한 임의적 수단에 의해 분쟁이 해결되지 않은 경우 협약상 분쟁해결제도 이용 의무 49 제2절 임의적 수단에 대한 신속한 의견교환의 원칙 51 1. 신속한 의견교환 의무의 전개 과정 51 2. 유엔해양법협약상 신속한 의견교환 의무 54 제3절 강제적 분쟁해결제도의 선결조건이 적용된 국제 판례 57 1. 남방참다랑어 사건 57 2. 영국·아일랜드의 혼합이산화연료 제조공장 사건 64 3. 말레이시아·싱가포르의 조호르해협과 주변에서의 간척사건 71 제4절 강제적 분쟁해결제도의 사전적 한계 74 1. 신속한 의견교환 의무에 대한 엄격한 해석 74 2. 유엔해양법협약과 분쟁 당사국이 체결한 협정과의 충돌 76 3. 분쟁 당사국간 합의가 이루어지지 않은 경우에 대한 판단기준의 부재 77 제4장 유엔해양법협약상 강제적 분쟁해결제도의 적용상 한계 78 제1절 강제적 분쟁해결제도의 제한 및 예외의 제정 과정 79 제2절 제297조에 따른 연안국의 강제적 분쟁해결제도 적용 거부 가능성 82 1. 배타적 경제수역 및 대륙붕의 해양과학조사에 대한 동의 및 정지 84 2. 배타적 경제수역의 생물자원에 대한 주권적 권리 및 행사 87 3. 강제적 분쟁해결제도의 적용 제한에 관한 국제판례 88 제3절 제298조에 따른 강제적 분쟁해결제도 적용의 선택적 예외 91 1. 해양경계획정에 관한 분쟁 92 2. 군사활동 및 법 집행활동에 관한 분쟁 97 3. 안전보장이사회가 유엔헌장에 따라 부여받은 권한을 수행하고 있는 분쟁 98 4. 강제적 분쟁해결제도의 배제선언 101 제5장 결론 105 參考文獻 11

Progressive Suppression of Selenium Binding Protein 1 in Gastric Adenoma and Adenocarcinoma

BACKGROUND: Human selenium binding protein 1 (SELENBP1) is a protein that binds selenium as a cofactor. The decreased expression of SELENBP1 in several types of carcinomas and its association with a poor prognosis have previously been reported on. In this study, we evaluated the expression of SELENBP1 in low-grade and high-grade epithelial dysplasia/ adenomas and adenocarcinomas. METHODS: We analyzed 45 cases of low-grade epithelial dysplasia/adenomas, 42 cases of high-grade epithelial dysplasia/adenomas and 64 cases of adenocarcinomas and all of them were obtained from endoscopic mucosal resection or endoscopic submucosal dissection. We analyzed all of them for their SELENBP1 expression by immunohistochemistry. Eight triple-paired cases of gastric mucosa, adenoma and adenocarcinoma from the same patient were selected for RT-PCR analysis. RESULTS: There was a progressive decrease in the expression of SELENBP1 from the low-grade dysplasia/adenomas (42/45, 93%) to the high-grade dysplasia/adenomas (29/42, 69%) and finally to the adenocarcinomas (24/64, 37%), (p<0.001). The progressive decrease in the SELENBP1 expression was also evident in the eight paired cases that were analyzed by RT-PCR. CONCLUSIONS: Our findings demonstrate that the SELENBP1 expression is suppressed in gastric epithelial dysplasia/adenomas and adenocarcinomas. The suppression of SELENBP1 was significantly more frequent and severer in the adenocarcinomas than that in the low-grade dysplasia/ adenomas, and this implies that the suppression of SELENBP1 is a late event in gastric carcinogenesisope

Impaired nonhomologous end-joining in mismatch repair-deficient colon carcinomas

Frameshift mutations of coding mononucleotide repeat of the hRAD50 gene and formation of the mutant hMRE11 splicing variant are frequent events in tumors with mismatch repair (MMR) deficiency. Both the hRAD50 and hMRE11 proteins form a heterotrimer with the NBS1, and this heterotrimer is involved in the double strand DNA break repair by homologous recombination and nonhomologous end-joining (NHEJ). In order to clarify the role of hRAD50 and hMRE11 gene alterations in MMR-deficient tumors, we analyzed the expression of the hRAD50 and hMRE11 proteins and we evaluated NHEJ in the seven MMR-deficient and five MMR-proficient colon cancer cell lines. Frameshift mutations of the hRAD50 gene were found in five of seven MMR-deficient cell lines, and this was directly related to the decreased expression of hRAD50 mRNA and protein. The mutant hMRE11 splicing variant was found in all of the seven MMR-deficient cell lines, and this was related to the decreased hMRE11 expression in four of the seven MMR-deficient cell lines. MMR-deficient cell lines with decreased hRAD50 and hMRE11 expressions were more sensitive to gamma-irradiation, and these cell lines showed an impaired NHEJ. The impairment of NHEJ was induced after knockdown of hRAD50 and hMRE11 through small interference RNA. Our findings suggest that mutations of hRAD50 and hMRE11 genes in MMR-deficient tumors are related to the defects in NHEJ, and this may result in chromosomal changes during the progression of tumor.ope

Overexpression of High Mobility Group Box 1 in Gastrointestinal Stromal Tumors with KIT Mutation

Gain-of-function mutations of KIT are common genetic events in gastrointestinal stromal tumors (GISTs). To investigate the molecular characteristics of KIT mutations in GISTs, 20 GISTs (14 GISTs with KIT mutation and 6 GISTs without KIT mutation) were analyzed by two-dimensional electrophoresis and matrix-associated laser desorption ionization mass spectrophotometry-time of flight. Comparative analysis of the respective spot patterns on two-dimensional electrophoresis showed that HMGB1, an intranuclear protein that interacts with several transcription factors and plays a role in tumor metastasis after its secretion, was overexpressed in GISTs with KIT mutation. All of the 14 GISTs with KIT mutation, and only 2 of 6 GISTs without KIT mutation, revealed HMGB1 expression. Of the GISTs with KIT mutation, 12 (86%) showed strong expression of HMGB1, more than three times higher in intensity than the maximum observed in the 6 GISTs without KIT mutation by two-dimensional electrophoresis analysis. The overexpression of HMGB1 was further supported by Western blot analysis, and directly related to matrix metalloproteinase 2 overexpression. Our results indicate that the overexpression of HMGB1 is common in GISTs and is related to the KIT mutation, and that this may play a role in the tumorigenesis of GISTs because overexpressed HMGB1 could accelerate genes related to tumor growth and invasion.ope

Macrophage migration inhibitory factor may be used as an early diagnostic marker in colorectal carcinomas

Recent genetic studies have identified many differentially expressed genes in colorectal carcinomas. For validation of up-regulated genes in colorectal carcinomas, we performed an enzyme-linked immunosorbent assay. Candidate markers were selected from gene expression data for 40 colorectal cancers and 35 matched normal mucosal samples. Based on intensive filtering, 9 genes were selected for the further evaluations. Among them, macrophage migration inhibitory factor (MIF), inhibin betaA, and chemokine ligand 10 were screened, and the results were compared with carcinoembryonic antigen (CEA) in serum samples of 129 patients with colon cancer and 53 healthy control subjects. We found that the serum MIF level was significantly increased in patients with colorectal cancer. Compared with CEA, MIF was more sensitive in early cancer detection (47.3% vs 29.5%). However, the specificity was not as high as that of CEA (90.6% vs 100.0%). Our findings indicate that MIF may be used as a diagnostic marker in colorectal carcinomasope

Global Health Project for Maternal Child Health in a Developing Country: Case Study in Tigray, Ethiopia

Purpose: The purpose of this study was to demonstrate a two-year global health project to improve maternal and child health (MCH) in Ethiopia. Methods: This is a descriptive case study. The target area is Kilte Awlaelo Woreda in Tigray Regional State, Ethiopia. A baseline survey was conducted to identify the needs of community residents and health care professionals. A MCH program was developed according to a project design matrix that included: infrastructure renovation of health centers; continuing education for midwives, nurses, and health extension workers (HEWs); and improvement of residents' MCH awareness. Project evaluation will examine the structure, process, and outcomes of the program. Results: The baseline survey showed low rates of family planning (31%) and antenatal and postnatal care use (36.1% and 69%, respectively). The institutional birth rate was 13.5%. Midwives and nurses received 2~4 educational programs about family planning and perinatal care. HEWs were also given practical education. Water and electrical infrastructure of all five health centers in the Kilte Awlaelo Woreda were renovated. Additionally, medical supplies and equipment were provided. Community health education on perinatal care, family planning, and personal hygiene was presented. Conclusion: This study highlights the role of nursing in global health and provides basic information on the development and outcomes of the global health project.본 연구는 한국국제협력단(KOICA)의 에티오피아 원조사업을 위탁 받아 수행되었

Identical epidermal growth factor receptor mutations in adenocarcinomatous and squamous cell carcinomatous components of adenosquamous carcinoma of the lung

BACKGROUND: Adenosquamous carcinoma of the lung is composed of adenocarcinomatous and squamous cell carcinomatous components. The epidermal growth factor receptor (EGFR) mutations occur mostly in adenocarcinomas and rarely in squamous cell carcinoma of lung. Attempts to investigate the EGFR mutation status in each component of adenosquamous carcinoma and to characterize the patients according to mutation status may help to understand the histogenesis of adenosquamous carcinoma. METHODS: The mutation status of EGFR kinase domain from exon 18 to 21 was investigated in 25 Korean patients with adenosquamous carcinoma by polymerase chain reaction-single strand conformation polymorphism using the tissues of each component from the adenosquamous carcinoma tumor. Clinicopathologic characteristics of the patients according to the status of EGFR mutations were compared. RESULTS: EGFR mutations were identified in 11 (44%) patients: 9 mutations were in exon 19, 1 in exon 20, and 1 in exon 21. EGFR mutations were significantly more frequent (P = .005) in women (n = 8, 80%) than men (n = 3, 20%). Never-smokers (n = 8, 62%) had EGFR mutations more commonly than smokers (n = 3, 25%; P = .111). Identical EGFR mutations in both components of adenosquamous carcinoma were confirmed by nucleotide sequencing. CONCLUSIONS: The frequency of EGFR mutation and clinicopathologic characteristics of the EGFR mutants in adenosquamous carcinoma are similar to those of Asian patients with adenocarcinomas. Identical EGFR mutations in both components suggest the possibility of monoclonality in the histogenesis of adenosquamous carcinoma.ope

Chromosomal Imbalances in the Colorectal Carcinomas with Microsatellite Instability

Recent molecular genetic studies have revealed that two major types of genomic instabilities, chromosomal instability and microsatellite instability, exist in the colorectal carcinomas. To clarify the relationship between chromosomal abnormalities and mismatch repair gene defects in colorectal carcinomas, we performed a chromosomal analysis on 39 colorectal carcinomas with high-microsatellite instability (MSI-H) and compared the results obtained with those of 20 right-sided microsatellite-stable (MSS) colorectal carcinomas. Chromosomal imbalances (CIs) in MSS colorectal carcinomas were more frequent than in MSI-H colon carcinomas by comparative genomic hybridization analysis (70% versus 31%, P = 0.004). The CI patterns of MSI-H and MSS carcinomas were different. Frequent CIs in MSI-H colon carcinomas were gains of 4q (15%) and 8q (8%), and losses of 9q (21%), 1p (18%), and 11q (18%). In contrast, frequent CIs in right-sided MSS colon carcinomas were gains of 8q (50%), 13q (35%), and 20q (25%), and losses of 18q (55%), 15q (35%), and 17p (30%). We compared the mutation status of 45 target genes and CIs in our MSI-H tumors. Among these 45 target genes, mutation of hRAD50, a member of the DNA repair genes, and FLJ11383 were significantly related to MSI-H colorectal carcinomas with CIs (P = 0.01 and P = 0.02, respectively). Our findings indicate that unique CIs were present in a subset of MSI-H colorectal carcinomas and that these CIs are related to the mutation of several target genes, especially of hRAD50.ope

Factors Influencing Korean Adolescents' Body Weight Perceptions and Weight Change Efforts

Purpose: This research was performed to investigate Korean adolescents' body weight perception, appropriate weight change efforts, and factors that influencing these efforts. Methods: The data were obtained from 68,136 adolescents, aged 12~18 years from the 2007 Third Korean Youth' Risk Behavior Web-based Survey. Descriptive statistical analysis and odds ratio were calculated by logistic regression. Results: The distribution of the body mass index differed in boys and girls. The accuracy of body weight perception was shown in the order of the underweight (91.6%), overweigh t (73.3%), normal weight (55.4%), obesity (41.3%) groups. Adolescents with high perceived economic status tended to have a high prevalence of accuracy of body weight perception. The distribution of appropriate weight change efforts according to the actual body mass index showed that girls were trying to lose weight more than boys. The results of a logistic regression analysis regarding appropriate weight change efforts showed differences according to gender, perceived economic status, mother's educational level, and family affluence scale. Conclusion: Appropriate body weight perception and change management plans are needed for Korean adolescents. In addition, active weight change programs have to be established in the adolescents' living environments, such as schools

제II형 당뇨질환자의 신체활동이 최대산소섭취량과 혈중지질에 미치는 영향

학위논문(석사)--서울대학교 대학원 :체육교육과,1998.Maste