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Won-Youb CHOI 산업통상자원부 2022 통상법무정책 Vol.- No.4
Overlap or conflict of jurisdictions in dispute settlement may be defined as situations where the same dispute or related aspects of the same dispute could be brought to two distinct institutions or two different dispute settlement systems for a solution. As the number of different international regimes and tribunals has multiplied over the past years, overlaps of jurisdictions have become commonplace in the international arena. This phenomenon is part of the fragmentation of international law, which is a result of the rise of specialized regimes that have different interests and biases. Since the World Trade Organization (WTO) recognizes the right of Members to enter into Regional Trade Agreements (RTAs), an inherent tension exists between Members’ rights under their RTAs and their rights under the WTO’s Dispute Settlement Understanding (DSU). However, there are a limited number of cases in which clear judgments have been made on the conflicting jurisdiction between the WTO and RTAs. Until now, WTO adjudicators have been reluctant to unequivocally state “whether there may be other circumstances in which legal impediments could exist that would preclude a panel from ruling on the merits before it”. This paper considers what potential legal impediments to the exercise of WTO jurisdiction exist if a party raises the question of a WTO panel’s jurisdiction as a preliminary issue, with a specific focus on two WTO dispute settlement cases – Mexico-Soft Drinks (DS308) and Peru-Agricultural Products (DS457).
Third Party Participation in WTO Dispute Settlement Proceedings
Won-youb CHOI(최원엽) 산업통상자원부 2023 통상법무정책 Vol.- No.6
This article delves into the intricate realm of third party participation within the WTO dispute resolution system. A third party in a WTO dispute is essentially a Member who is neither the complainant nor the respondent but possesses a ‘substantial interest’ in the matter at issue, and wishes to comment on the factual claims or legal arguments presented by the disputing parties. The third party right is granted by the DSU to ensure transparency in the dispute resolution process and to offer WTO Members a platform to express their perspectives. In essence, third parties play a crucial role in “multilateralizing” a case, bringing to light concerns that might otherwise remain overlooked by the complainant. This study embarks on a comprehensive exploration of the requirement for participation of third parties and related issues within the WTO dispute resolution mechanism, drawing upon the regulatory framework and past cases deliberated by the panel and Appellate Body. In this context, this article closely examines the concept of ‘enhanced’ third party right that have been referenced in various cases of dispute settlement within the WTO. Furthermore, it investigates, notwithstanding the controversy and criticism voiced by the majority of WTO Members, the positions adopted by the panel and the Appellate Body regarding the submission of amicus curiae briefs.
Won Joan Yoo(유원준),Chin Youb Chung(정진엽),In Ho Choi(최인호),Tae-Joon Cho(조태준),Joon O Lee(이준오),Hee-Soo Kim(김희수),Chong Sung Kim(김종성) 대한정형외과학회 2005 대한정형외과학회지 Vol.40 No.5
목적: 뇌성마비 환자에서 fentanyl과 ketorolac을 이용한 경정맥 자가 통증 치료법(intravenous patient-controlled analgesia) 의 수술 후 통증 조절에 대한 안전성과 효용성을 평가하고자 하였다. 대상 및 방법: 60명의 환자를 대상으로 수술의 복잡성에 따라 대 수술과 소 수술로 나누어 두 군으로 분류하였고 각 군을 수술 후 통증 조절 방법에 따라 fentanyl과 ketorolac을 이용한 경정맥 자가 통증 치료법을 사용한 군과 pethidine정맥 주사를 사용한 군으로 세분하였다. 통증의 강도는 Wong-Baker’s faces pain scale에 따라 평가하였다. 결과: 대 수술군에서는 경정맥 자가 통증 치료법을 사용한 환자군에서 pethidine을 사용한 환자군보다 유의한 통증의 감소가 있었고 소 수술군에서는 경정맥 자가 통증 치료법을 사용한 환자군과 pethidine을 사용한 환자군 사이에 유의한 통증 감소 효과의 차이는 없었다. Fentanyl과 ketorolac을 이용한 경정맥 자가 통증 치료법과 pethidine정맥 주사 요법에 따른 부작용은 큰 차이를 보이지 않았다. 결론: Fentanyl과 ketorolac을 이용한 경정맥 자가 통증 치료법은 뇌성마비 소아 환자에서 수술 후 중등도 이상의 통증 조절에 있어 안전하고 효과적이다. Purpose: The purpose of this study was to evaluate the safety and efficacy of intravenous patient-controlled analgesia (PCA) with fentanyl and ketorolac for postoperative pain management in patients with cerebral palsy. Materials and Methods: Sixty patients were categorized based on operation complexity into either a minor operation group or a major operation group, and then subdivided based on the analgesic methods used, i.e., intravenous PCA with fentanyl and ketorolac or intravenous pethidine injection. Pain intensity was assessed using the Wong-Baker's faces pain scale. Results: In the major operation group, patients that received PCA had significantly lower pain scores than those who received intravenous pethidine injection, while no significant differences in pain scores were observed in the minor operation group. Moreover, the side effects of these two analgesic methods did not differ significantly. Conclusion: Intravenous PCA with fentanyl and ketorolac is effective and safe for moderate to severe postoperative pain control in pediatric patients with cerebral palsy.
Yoo, Won Joon,Choi, In Ho,Cho, Tae-Joon,Jang, Wooyoung,Chung, Chin Youb,Park, Moon Seok,Choi, Eun-Seok,Cheon, Jung-Eun Radiological Society of North America 2016 Radiology Vol. No.
<P>Purpose: To determine whether changes in diffusion and/or contrast enhancement are of prognostic value in the early stage of Legg-Calve-Perthes disease (LCPD). Materials and Methods: This study was approved by the institutional review board, and written informed consent was obtained from patient parents. Diffusion and contrast agent-enhanced magnetic resonance (MR) imaging studies were performed in 46 children (37 boys and nine girls; mean age, 7.5 years [age range, 3.3-11.9 years]) with unilateral LCPD at the early stage before development of extensive femoral head deformity. The degree of contrast enhancement was measured on the contrast-enhanced MR images, and the apparent diffusion coefficient (ADC) value was measured on the ADC map at various regions of interest in the proximal femur. The association of the MR imaging parameters that compared the affected side with the contralateral normal side with the femoral head deformity index value above 0.3 at 2 years was investigated. Results: Increased diffusion in the metaphysis (P =.003) and decreased contrast enhancement in the central epiphysis (P = .034) were the significant prognostic indicators of subsequent femoral head deformation. ADC in the metaphysis 45% higher and a contrast enhancement in the central epiphysis 37% lower than those of the contralateral normal side are associated with a nonfavorable prognosis. For diffusion MR imaging, sensitivity was 83% (15 of 18), specificity was 86% (24 of 28), positive predictive value was 79% (15 of 19), negative predictive value was 89% (24 of 27), and accuracy was 85% (39 of 46). For contrast-enhanced MR imaging, sensitivity was 78% (14 of 18), specificity was 64% (18 of 28), positive predictive value was 58% (14 of 24), negative predictive value was 82% (18 of 22), and accuracy was 70% (32 of 46). Conclusion: Diffusion and contrast-enhanced MR imaging are potentially useful to assess risk of later development of femoral head deformity. (C) RSNA, 2015</P>