Interpretation and Application of the “Necessity” Test under the GATT/WTO Agreement

Yan-Nan Sun,Jung-Mi Yang,Yang-Kee Lee 한국무역통상학회 2015 무역통상학회지 Vol.15 No.4

본 연구는 “필요성” 심사의 적용에 있어 WTO 상소기구가 채용한 두 가지의 접근방법을 가장 무역제한적인 접근법과 비교형량접근법을 포함하여 검토하고 있다. “필요성” 심사의 요건에 대한 문제점은 첫째, GATT 패널이 “필요성”이라는 용어의 해석을 좁게 해석함으로써, 채택된 조치가 GATT 20조하에서 정당화되지 못하였다. 둘째, WTO 상소기구는 보호의 수준을 선택하는 자유가 비교형량접근법과 일치하지 않았기 때문에, 비교형량접근법의 적용에 실패하였다. 셋째, WTO 상소기구가 회원국의 정당한 자율권에 적절히 개입하는 것이 어렵기 때문에, “필요성” 심사의 적용은 국내규제자율권에 부정적인 효과를 일으킬 가능성이 있다는 것이다. 하지만, WTO 패널과 상소기구는 필요성 요건에 관한 법적 추론에 대해 “관련 요소에 관한 형량 과정”의 접근 방식으로 무역제한 조치의 “필요성”을 판단하였다. 이는 예외와 관련된 필요성 심사로 충돌 가능한 요소들 간의 형량을 통한 사법기관의 재량이 합리적으로 조정되기 때문에, 필요성 요건을 통과하는 것은 쉬워지고 회원국의 정당한 “자율권”은 확보되고 있다. 그러나 “필요성”의 해석과 관련된 상소기구의 시도나 접근 방식은 모두 일정한 한계를 지니고 있는 바, 향후 회원국의 정당한 규제권한을 존중하면서 판정의 일관성을 유지하는 것이 중요한 과제가 될 것이다. This paper examines the two approaches employed by the WTO adjudicating bodies in the application of the “necessity” test, including the least trade restrictive approach and the weighing and balancing approach. It discusses the problems resulting from the application of “necessity”. Firstly, the GATT Panel interpreted the term “necessary” narrowly, thereby, no challenged measures were justified under the GATT Art. XX. Secondly, the WTO adjudicating bodies failed to apply a weighing and balancing approach test because the freedom to choose their own level of protection was inconsistent with the weighing and balancing test. Thirdly, due to the difficulty on considering the proper interference into the national regulatory autonomy from the WTO adjudicating body, the application of the “necessity” test would likely cause a negative impact on domestic regulatory autonomy. This paper gives some suggestions to the WTO adjudicating bodies for a clear and definite interpretation on the “necessity” test. Considering the criticisms resulting from the application of the “necessity” test, it is very important to clarify the uncertainty of the “necessity” test and provide predictability for future cases.

Jurisdiction Overlaps between the Dispute Settlement under the WTO and the RTAs

Yan-nan Sun,Yang-kee Lee,Jung-min Kwon 한국무역통상학회 2014 무역통상학회지 Vol.14 No.4

With a massive movement towards RTAs since the early 1990s, scholars have paid much attention on the issue of overlapping of jurisdiction between the dispute settlements of the WTO and of the RTAs. From the case study, we can find that the overlapping of jurisdiction is likely not only to impose substantive legal costs on the defendant party but also to lead to conflict decisions, thereby undermining the security and predictability of the multilateral trading system. With the fear of incoherent jurisprudence and the threat to multilateral trading system, this article tries to find an appropriate solution to deal with the overlapping of jurisdiction. In order to find an appropriate solution for the overlapping of jurisdiction, this article examined the application of some general principles such as Res Judicata or Lis Alibi Pendens, Comity or estoppel and Forum Conveniens and Forum non Conveniens. However, as a result of the strict conditions for their application, these principles seem to be difficult to be applied to deal with the overlapping of jurisdiction. A number of treaties provides for the choice of a form clause and the exclusive clause while setting up RTAs. The potential method for WTO DSB to deal with the jurisdictional overlapping is to decline to excise jurisdiction by using the jurisdiction exclusive clause contained in the RTAs.

Pretreatment Serum Amyloid A and C-reactive Protein Comparing with Epstein-Barr Virus DNA as Prognostic Indicators in Patients with Nasopharyngeal Carcinoma: A Prospective Study

Qiu-Yan Chen,Qing-Nan Tang,Lin-Quan Tang,Wen-Hui Chen,Shan-Shan Guo,Li-Ting Liu,Chao-Feng Li,Yang Li,Yu-Jing Liang,Xue-Song Sun,Ling Guo,Hao-Yuan Mo,Rui Sun,Dong-Hua Luo,Yu-Ying Fan,Yan He,Ming-Yuan C 대한암학회 2018 Cancer Research and Treatment Vol.50 No.3

Purpose The measuring Epstein-Barr virus (EBV) DNA is an important predictor of nasopharyngeal carcinoma (NPC). This study evaluated the predictive value of pretreatment serum amyloid A (SAA) and C-reactive protein (CRP) comparing with EBV DNA in patients with NPC. Materials and Methods In an observational study of 419 non-metastatic NPC patients, we prospectively evaluated the prognostic effects of pretreatment SAA, CRP, and EBV DNA on survival. The primary endpoint was progress-free survival (PFS). Results The median level of SAA and CRP was 4.28 mg/L and 1.88 mg/L, respectively. For the high- SAA group (> 4.28 mg/L) versus the low-SAA ( 4.28 mg/L) group and the high-CRP group (> 1.88 mg/L) versus the low-CRP ( 1.88 mg/L) group, the 5-year PFS was 64.5% versus 73.1% (p=0.013) and 65.2% versus 73.3% (p=0.064), respectively. EBV DNA detection showed a superior predictive result, the 5-year PFS in the EBV DNA  1,500 copies/mL group was obviously different than the EBV DNA < 1,500 copies/mL group (62.2% versus 77.8%, p < 0.001). Multifactorial Cox regression analysis confirmed that in the PFS, the independent prognostic factors were including EBV DNA (hazard ratio [HR], 1.788; p=0.009), tumour stage (HR, 1.903; p=0.021), and node stage (HR, 1.498; p=0.049), but the SAA and CRP were not included in the independent prognostic factors. Conclusion The results of SAA and CRP had a certain relationship with the prognosis of NPC, and the prognosis of patients with high level of SAA and CRP were poor. However, the predictive ability of SAA and CRP was lower than that of EBV DNA.

Phenolic components from the stem of Acanthopanax koreanum and their inhibitory effects on NF-kappa B.

Sun, Ya Nan,Li, Wei,Yan, Xi Tao,Yang, Seo Young,Song, Seok Bean,Kim, Young Ho Japan Society for Bioscience, Biotechnology, and A 2014 Bioscience, Biotechnology, and Biochemistry Vol.78 No.3

<P>Two novel phenolic glucosides (1-2), as well as seven known compounds (3-9), were isolated from the stem of Acanthopanax koreanum; their chemical structures were determined by chemical and spectroscopic methods and subsequently compared with previously reported data. Their inhibition of nuclear factor kappa B (NF-κB) was measured in human embryonic kidney (293T) cells by using an NF-κB luciferase assay.</P>

Robust Predictive Augmented Unscented Kalman Filter

Yan Zhao,Shesheng Gao,Jing Zhang,Qiao-nan Sun 제어·로봇·시스템학회 2014 International Journal of Control, Automation, and Vol.12 No.5

This paper presents a new Unscented Kalman Filtering (UKF) method by using robust model prediction. This method incorporates system driving noise in system state through augmentation of state space dimension to expand the input of system state information. The system model error is constructed by model prediction, and is then used to rectify the UKF process to obtain the estimate of the real system state. The proposed method endows the robustness to the traditional UKF, thus over-coming the limitation that the traditional UKF is sensitive to system model error. Experimental results show that the convergence rate and accuracy of the proposed filtering method is superior to the Ex-tended Kalman Filtering and traditional UKF.

A New Furfural Diglycoside and Other Carbohydrate Derivatives from Fermented Beverage of Prunus mume Fruit

Yan, Xi-Tao,Li, Wei,Sun, Ya-Nan,Yang, Seo Young,Song, Gyu Yong,Kim, Young Ho Korean Chemical Society 2014 Bulletin of the Korean Chemical Society Vol.35 No.7

Nuclear Factor Kappa B Activation and Peroxisome Proliferator-activated Receptor Transactivational Effects of Chemical Components of the Roots of <i>Polygonum multiflorum</i>

Sun, Ya Nan,Li, Wei,Song, Seok Bean,Yan, Xi Tao,Yang, Seo Young,Kim, Young Ho Medknow PublicationsMedia Pvt Ltd 2016 Pharmacognosy magazine Vol.12 No.45

<P><B>Background:</B></P><P><I>Polygonum multiflorum</I> is well-known as “Heshouwu” in traditional Chinese herbal medicine. In Northeast Asia, it is often used as a tonic to prevent premature aging of the kidney and liver, tendons, and bones and strengthening of the lower back and knees.</P><P><B>Objective:</B></P><P>To research the anti-inflammatory activities of components from <I>P. multiflorum</I>.</P><P><B>Materials and Methods:</B></P><P>The compounds were isolated by a combination of silica gel and YMC R-18 column chromatography, and their structures were identified by analysis of spectroscopic data (1D, 2D-nuclear magnetic resonance, and mass spectrometry). The anti-inflammatory activities of the isolated compounds 1−15 were evaluated by luciferase reporter gene assays.</P><P><B>Results:</B></P><P>Fifteen compounds (1–15) were isolated from the roots of <I>P. multiflorum</I>. Compounds 1−5 and 14−15 significantly inhibited tumor necrosis factor-α-induced nuclear factor kappa B-luciferase activity, with IC<SUB>50</SUB> values of 24.16-37.56 μM. Compounds 1−5 also greatly enhanced peroxisome proliferator-activated receptors transcriptional activity with EC<SUB>50</SUB> values of 18.26−31.45 μM.</P><P><B>Conclusion:</B></P><P>The anthraquinone derivatives were the active components from the roots of <I>P. multiflorum</I> as an inhibitor on inflammation-related factors in human hepatoma cells. Therefore, we suggest that the roots of <I>P. multiflorum</I> can be used to treat natural inflammatory diseases.</P><P><B>SUMMARY</B></P><P><P>This study presented that fifteen compounds (1-15) isolated from the roots of Polygonum multiflrum exert signifiant anti inflmmatory effects by inhibiting TNF α induced NF κB activation and PPARs transcription.</P></P> >[FIG OMISSION]</BR><P>Abbreviation used: NF κB: Nuclear factor kappa B, PPARs: Peroxisome proliferator activated receptors, PPREs: Peroxisome proliferator response elements, TNF α: Tumor necrosis factor α, ESI-MS: Electrospray ionization mass spectrometry, HepG2: Human hepatoma cells</P>

Free Communications : P2 ; The Mutual Impact of Damaged Skin Barrier and Colonization of Staphylococcus Aureus

( Yan Wu ),( Jian Mei Guo ),( Nan Sun ),( Shao Min Zhong ),( Rong Tao ) 한국피부장벽학회 2013 한국피부장벽학회지 Vol.15 No.2

The atopic dermatitis is characterized by disruption of skin barrier and colonization of S.aureus. However, the mutual impact of damaged skin barrier and increased S.aureus has not been fully elucidated. Here we used the SKH-1 hairless mice to establish acute barrier dysfunction model and evaluated the mutual impact of damaged skin barrier function and colonization of S.aureus. Skin barrier was destroyed by repeat tape-stripping. Then 36 SKH-1 mice were divided into 6 groups, namely the control group, barrier impaired group, S. aureus inoculated group, barrier impaired +S. aureus inoculated group, “wrapping group” (referred to barrier impaired +wrapping+S. aureus inoculation) and “moisturizing group” (referred to barrier impaired + moisturizer + S. aureus). S. aureus on the skin were collected after 24 hours for verification and quantify. The physiological parameters related to skin barrier were detected before and immediately after impairing of barrier function, after wrapping/moisturizing, 4 hours and 24 hours after inoculation of S. aureus. In this study, we found that There was a little S. aureus grown on intact skin in only inoculation group, while the number of S. aureus in impaired barrier group increased dramatically (P<0.05); the colonization of S. aureus in both wrapping and moisturizing group decreased obviously compared with the barrier impaired group (P <0.05), Fig1, which mean that restoring the barrier function could greatly reduced the colonization of S. aureus. On the other hand the colonization of S. aureus on impaired barrier could inhibit the recovery of skin barrier function, with higher pH and TEWL compared with other groups in similar time points(P<0.05). The wrapping and moisturizing may eliminate the suppression of barrier function recovery caused by inoculation of S. aureus, Fig 2.

Two New Phenolic Compounds from <i>Artemisia iwayomogi</i>

Yan, Xi‐,Tao,Ding, Yan,Li, Wei,Sun, Ya‐,Nan,Yang, Seo‐,Young,Koh, Young‐,Sang,Kim, Young‐,Ho WILEY‐VCH Verlag 2014 Helvetica chimica acta Vol.97 No.2

<P><B>Abstract</B></P><P>Two new phenolic compounds, (<I>Z</I>)‐5′‐hydroxyjasmone 5′‐<I>O</I>‐{6″‐<I>O</I>‐[(<I>E</I>)‐caffeoyl]‐<I>β</I>‐<SMALL>D</SMALL>‐glucopyranoside} (<B>1</B>) and quercetin‐7‐<I>O</I>‐<I>β</I>‐<SMALL>D</SMALL>‐glucuronide methyl ester (<B>2</B>), along with ten known phenolic compounds, <B>3</B>–<B>12</B>, were isolated from the aerial parts of <I>Artemisia iwayomogi.</I> Their structures were elucidated by spectroscopic methods, including 1D‐ and 2D‐NMR, and HR‐ESI‐TOF‐MS techniques. The inhibitory effects of compounds <B>1</B>–<B>12</B> on the LPS‐stimulated production of IL‐12 p40, IL‐6, and TNF‐<I>α</I> in bone marrow‐derived dendritic cells were evaluated.</P>

The Protective Role of TLR3 and TLR9 Ligands in Human Pharyngeal Epithelial Cells Infected with Influenza A Virus

Yan Han,Ming-yu Xu,Nan Sun,Dan-hong Liu,Zhi-jian Bo 대한약리학회 2014 The Korean Journal of Physiology & Pharmacology Vol.18 No.3

In this study we aim to extensively investigate the anti-influenza virus immune responses in humanpharyngeal epithelial cell line (Hep-2) and evaluate the protective role of Toll-like receptor (TLR)ligands in seasonal influenza A H1N1 (sH1N1) infections in vitro. We first investigated the expressionof the TLRs and cytokines genes in resting and sH1N1 infected Hep-2 cells. Clear expressions of TLR3,TLR9, interleukin (IL)-6, tumour necrosis factor (TNF)-α and interferon (IFN)-β were detected inresting Hep-2 cells. After sH1N1 infection, a ten-fold of TLR3 and TLR9 were elicited. Concomitantwith the TLRs activation, transcriptional expression of IL-6, TNF-α and IFN-β were significantlyinduced in sH1N1-infected cells. Pre-treatment of cells with poly I:C (an analog of viral double-strandedRNA) and CpG-ODN (a CpG-motif containing oligodeoxydinucleotide) resulted in a strong reductionof viral and cytokines mRNA expression. The results presented indicated the innate immune responseactivation in Hep-2 cells and affirm the antiviral role of Poly I:C and CpG-ODN in the protectionagainst seasonal influenza A viruses.