Anticommons in Public International Law: Consideration of a New Approach for Legal Research

Roy Andrew PARTAIN 가천대학교 법학연구소 2020 가천법학 Vol.13 No.1

반 공유지 이론은 국제공법의 연구를 위한 새로운 접근법을 제시할 수 있다. 본고는 반 공유지의 구조가 국제공법의 법률 규칙 및 국제법률 기관 그리고 국제 환경법과 같은 다양한 관련 법률 영역에 유효하게 자리 할 수 있음을 알리고자 한다. 또한 기존의 반 공유지 연구를 개관하고 반 공유지 구조에서 오는 문제에 이미 연구된 잠재적 해결책들을 제시한다. 따라서 법률 연구가들이 국제공법의 반 공유지에 관하여 고찰 하는 데 있어 직면 할 수 있는 낯선 간극을 대폭 줄이고자 한다. ‘반 공유지의 비극’이라 알려진 이론은 ‘공유지의 비극’에 대해 대칭적으로 반영된 개념인데 두 모델 모두 공적 자원의 극적 소유, 비 소유 및 협업하여 이룬 결과물에 대한 극단적인 소유와 비 소유라는 배타적인 권리에서 작동하며 서로 작동방식은 다르지만 결과적으로는 둘 다 복리 및 혜택을 축소시킨다. 법적인 반 공유지라는 개념은 공공자원이나 협업의 결과물이 법률 서비스, 법적인 권리 또는 법적 절차에 반영될 때 그 역할을 한다. 또한 보완적이거나 경쟁력 있는 규제 절차가 반영된 반 공유지 개념을 확립할 수 있다. 법적 공유지와 규제된 반 공유지라는 두 개념 모두 국제공법상에 자리하고 있음은 자명하다. 규칙 집합 및 국제공법의 법적 기관에 반 공유지 이론이 존재하므로 정책 결정가들은 그러한 반 공유지를 적용하고 특징지음으로서 어떤 문제점이 생기면 그것을 식별하고 국재공법상에 불필요한 난점들을 피해가며 더 나아가서 개선하는 결과를 가져올 수 있다. The theory of the anticommons opens up a new approach for legal research into Public International Law. This article demonstrates that anticommons structures can be readily located in the legal rules and legal institutions of public international law and its many affiliated substantive areas of law, such as in International Environmental Law. It provides an introduction and survey of the existing research into anticommons and sets out a list of the known potential solutions to anticommons structures. As such, it is demonstrated that legal researchers would benefit from a greater familiarity with current research in the field of anticommons theory. This article provides legal researchers with the frameworks necessary to begin research on anticommons in Public International Law. The model knowns as the ‘Tragedy of the Anticommons’ is a symmetrical reflection to the ‘Tragedy of the Commons,’ in that both models work on the extremes of having or not having exclusionary rights over a common resource or completion of a joint endeavor. Both models result in reduced benefits, or welfare, from the underlying resource albeit on different mechanisms. When this common resource or joint endeavor is a legal service, legal right, or legal procedure, one can have a legal anticommons; when the issue is based in complementary or competitive regulatory processes, one can obtain a regulatory anticommons. Evidence is presented that both legal and regulatory anticommons can be found in Public International Law. Given that there are anticommons in the rule sets and legal institutions of Public International Law, policy makers should be able to locate and characterize those anticommons to better identify which problems are thus created and which frustrations in public international law can be avoided or ameliorated.

MiR-125a-5p ameliorates monocrotalineinduced pulmonary arterial hypertension by targeting the TGF-β1 and IL-6/STAT3 signaling pathways

Zongye Cai,Jian Li,Qi Zhuang,Xueming Zhang,Ancai Yuan,Lan Shen,Kang Kang,Bo Qu,Yuanjia Tang,Jun Pu,Deming Gou,Jieyan Shen 생화학분자생물학회 2018 Experimental and molecular medicine Vol.50 No.-

Pulmonary vascular remodeling due to excessive proliferation and resistance to apoptosis of pulmonary artery smooth muscle cells (PASMCs) is the hallmark feature of pulmonary arterial hypertension (PAH). Recent evidence suggests that miR-125a-5p plays a role in a rat model of monocrotaline-induced PAH (MCT-PAH); however, the underlying mechanism is currently unknown. Here, we examined the expression profile of miR-125a-5p in MCT-PAH rats and investigated the putative therapeutic effect of miR-125a-5p using the miR-125a-5p agomir. In addition, the miR-125a- 5p agomir or antagomir was transfected into rat PASMCs, and proliferation and apoptosis were measured. Activity of the miR-125a-5p target STAT3 was measured using a luciferase reporter assay, and the expression of downstream molecules was measured using RT–qPCR and/or western blot analysis. Importantly, inducing miR-125a-5p expression in vivo slowed the progression of MCT-PAH by reducing systolic pulmonary arterial pressure, the Fulton index, and pulmonary vascular remodeling. Moreover, overexpressing miR-125a-5p inhibited the proliferation and promoted the apoptosis of PASMCs. In addition, stimulating PASMCs with TGF-β1 or IL-6 upregulated miR-125a-5p expression, whereas overexpressing miR-125a-5p reduced TGF-β1 and IL-6 production, as well as the expression of their downstream targets STAT3 and Smad2/3; in contrast, downregulating miR-125a-5p increased TGF-β1 and IL-6 production. Finally, a dual-luciferase reporter assay revealed that miR-125a-5p targets the 3′-UTR of STAT3, suppressing the downstream molecules PCNA, Bcl-2, and Survivin. Taken together, these findings suggest that miR-125a-5p ameliorates MCT-PAH in rats, has a negative feedback regulation with TGF-β1 and IL-6, and regulates the proliferation and apoptosis of PASMCs by directly targeting STAT3.

Multimodal Oncological Therapy Comprising Stents, Brachytherapy, and Regional Chemotherapy for Cholangiocarcinoma

( Tomas Andrasina ),( Vlastimil Valek ),( Jiri Panek ),( Zdenek Kala ),( Igor Kiss ),( Stepan Tucek ),( Pavel Slampa ) 대한소화기기능성질환·운동학회 2010 Gut and Liver Vol.4 No.s1

Background/Aims: To prospectively evaluate our palliative management of unresectable cholangiocarcinoma (CC) treated with tailored multimodal oncological therapy. Methods: Between January 2005 and January 2010, 50 consecutive patients with unresectable CC and jaundice were palliated with percutaneous drainage. Forty-three patients underwent metallic- stent implantation followed by brachytherapy. Patients were divided into two arms: the intra-arterial chemotherapy arm (IA arm, n=17) consisted of patients treated with locoregional treatment (IA admission of Cisplatin and 5-fluorouracil, or chemoembolization with Lipiodol) and/or systemic chemotherapy, while the systemic chemotherapy arm (IV arm, n=23) included all the other patients, who were treated only with systemic chemotherapy. Results: In total, 78 metal self-expandable stents were placed. Hilar involvement with mass-forming and periductal infiltrating types of CC (84%) was predominant. The average number of percutaneous interventional procedures was 11.61 per patient (range, 4-35). The median overall survival from diagnosis of disease for all patients was 13.5 months (range, 11.0-18.8 months). The median overall survival times were 25.2 months (range, 15.2-31.3 months) and 11.5 months (range, 8.5-12.6 months) in the IA and IV arms, respectively (p<0.05). The 1-, 2-, and 3-year survival rates in the IA and IV arms were 88.2%, 52.9%, and 10.1% and 43.5%, 25.4, and 0%, respectively. There were no major complications (WHO III/IV) due to interventional procedures. Conclusions: We could reach acceptable prognosis in patients with unresectable CC using complex tailored oncological therapy. However, the main limitations of prolonging survival are performance status, patient compliance and the maintaining of biliary tract patency. (Gut Liver 2010;4(Suppl. 1):S82-88)

Separate and Joint Associations of Shift Work and Sleep Quality with Lipids

Luenda E Charles,Ja K. Gu,Cathy A. Tinney-Zara,Desta Fekedulegn,Claudia C. Ma,Penelope Baughman,Tara A. Hartley,Michael E. Andrew,John M. Violanti,Cecil M. Burchfiel 한국산업안전보건공단 산업안전보건연구원 2016 Safety and health at work Vol.7 No.2

Background: Shift work and/or sleep quality may affect health. We investigated whether shift work and sleep quality, separately and jointly, were associated with abnormal levels of triglycerides, total cholesterol (TC), and low-and high-density lipoprotein cholesterol in 360 police officers (27.5% women). Methods: Triglycerides, TC, and high-density lipoprotein were analyzed on the Abbott Architect; lowdensity lipoprotein was calculated. Shift work was assessed using City of Buffalo payroll work history records. Sleep quality (good, < 5; intermediate, 6e8; poor, > 9) was assessed using the Pittsburgh Sleep Quality Index questionnaire. A shift work þ sleep quality variable was created: day plus good sleep; day plus poor sleep; afternoon/night plus good; and poor sleep quality. Mean values of lipid biomarkers were compared across categories of the exposures using analysis of variance/analysis of covariance. Results: Shift work was not significantly associated with lipids. However, as sleep quality worsened, mean levels of triglycerides and TC gradually increased but only among female officers (age- and raceadjusted p = 0.013 and 0.030, respectively). Age significantly modified the association between sleep quality and TC. Among officers > 40 years old, those reporting poor sleep quality had a significantly higher mean level of TC (202.9 ± 3.7 mg/dL) compared with those reporting good sleep quality (190.6 ± 4.0 mg/dL) (gender- and race-adjusted p = 0.010). Female officers who worked the day shift and also reported good sleep quality had the lowest mean level of TC compared with women in the other three categories (p = 0.014). Conclusion: Sleep quality and its combined influence with shift work may play a role in the alteration of some lipid measures.

Separate and Joint Associations of Shift Work and Sleep Quality with Lipids

Charles, Luenda E.,Gu, Ja K.,Tinney-Zara, Cathy A.,Fekedulegn, Desta,Ma, Claudia C.,Baughman, Penelope,Hartley, Tara A.,Andrew, Michael E.,Violanti, John M.,Burchfiel, Cecil M. Occupational Safety and Health Research Institute 2016 Safety and health at work Vol.7 No.2

Background: Shift work and/or sleep quality may affect health. We investigated whether shift work and sleep quality, separately and jointly, were associated with abnormal levels of triglycerides, total cholesterol (TC), and low-and high-density lipoprotein cholesterol in 360 police officers (27.5% women). Methods: Triglycerides, TC, and high-density lipoprotein were analyzed on the Abbott Architect; low-density lipoprotein was calculated. Shift work was assessed using City of Buffalo payroll work history records. Sleep quality (good, ${\leq}5$; intermediate, 6-8; poor, ${\geq}9$) was assessed using the Pittsburgh Sleep Quality Index questionnaire. A shift work + sleep quality variable was created: day plus good sleep; day plus poor sleep; afternoon/night plus good; and poor sleep quality. Mean values of lipid biomarkers were compared across categories of the exposures using analysis of variance/analysis of covariance. Results: Shift work was not significantly associated with lipids. However, as sleep quality worsened, mean levels of triglycerides and TC gradually increased but only among female officers (age- and race-adjusted p = 0.013 and 0.030, respectively). Age significantly modified the association between sleep quality and TC. Among officers ${\geq}40$ years old, those reporting poor sleep quality had a significantly higher mean level of TC ($202.9{\pm}3.7mg/dL$) compared with those reporting good sleep quality ($190.6{\pm}4.0mg/dL$) (gender- and race-adjusted p = 0.010). Female officers who worked the day shift and also reported good sleep quality had the lowest mean level of TC compared with women in the other three categories (p = 0.014). Conclusion: Sleep quality and its combined influence with shift work may play a role in the alteration of some lipid measures.

Complementary and alternative medicine mention and recommendations in pancreatic cancer clinical practice guidelines: A systematic review and quality assessment

Ng Jeremy Y,Bhatt Hardil Anup,Maheen Raja 한국한의학연구원 2023 Integrative Medicine Research Vol.12 No.1

Background: Pancreatic cancer is the third leading cause of cancer death in the United States, which is attributed to limited treatment options. Complementary and alternative medicine (CAM) therapies have been proposed to provide benefits in treating pancreatic cancer. Despite its importance in treatment, clinicians are not generally well equipped to counsel their patients about CAM therapies. This review identified the quantity and assessed the quality of clinical practice guidelines (CPGs) providing CAM rec- ommendations for the treatment and/or management of pancreatic cancer. Methods: A systematic review was conducted to identify pancreatic cancer CPGs. MEDLINE, EMBASE and CINAHL were searched from 2011 to 2022. The Guidelines International Network (GIN) and the National Center for Complementary and Integrative Health (NCCIH) websites were also searched. Eligible CPGs published by non-profit agencies on treatment and/or management of pancreatic cancer for adults were assessed using the Appraisal of Guidelines, Research and Evaluation II (AGREE II) instrument. Results: From 31 eligible search results, 7 CPGs mentioned CAM and 3 CPGs made CAM recommenda- tions. The mean scaled domain percentages of the CPGs in this study (overall, CAM-specific) were as follows: scope and purpose (81.3%, 77.8%), stakeholder involvement (63.9%, 42.6%), rigor-of-development (51.0%, 40.3%), clarity-of-presentation (83.3%, 54.6%), applicability (42.3%, 30.5%), and editorial indepen- dence (58.3%, 58.3%). Conclusions: Evaluation of the CPGs demonstrated that quality varied both within and between CPGs. CPGs that scored well could be used by patients and clinicians as the basis for discussion for the use of CAM therapies. Future research should identify other appropriate CAM therapies for further development of CPGs for pancreatic cancer.

Effects of Macrolide and Corticosteroid in Neutrophilic Asthma Mouse Model

( Tai Joon An ),( Chin Kook Rhee ),( Ji Hye Kim ),( Young Rong Lee ),( Jin Young Chon ),( Chan Kwon Park ),( Hyoung Kyu Yoon ) 대한결핵 및 호흡기학회 2018 Tuberculosis and Respiratory Diseases Vol.81 No.1

Background: Asthma is a disease of chronic airway inflammation with heterogeneous features. Neutrophilic asthma is corticosteroid-insensitive asthma related to absence or suppression of T_H2 process and increased T_H1 and/or T_H17 process. Macrolides are immunomodulatory drug that reduce airway inflammation, but their role in asthma is not fully known. The purpose of this study was to evaluate the role of macrolides in neutrophilic asthma and compare their effects with those of corticosteroids. Methods: C57BL/6 female mice were sensitized with ovalbumin (OVA) and lipopolysaccharides (LPS). Clarithromycin (CAM) and/or dexamethasone (DXM) were administered at days 14, 15, 21, 22, and 23. At day 24, the mice were sacrificed. Results: Airway resistance in the OVA+LPS exposed mice was elevated but was more attenuated after treatment with CAM+DXM compared with the monotherapy group (p<0.05 and p<0.01). In bronchoalveolar lavage fluid study, total cells and neutrophil counts in OVA+LPS mice were elevated but decreased after CAM+DXM treatment. In hematoxylin and eosin stain, the CAM+DXM-treated group showed less inflammation additively than the monotherapy group. There was less total protein, interleukin 17 (IL-17), interferon g, and tumor necrosis factor a in the CAM+DXM group than in the monotherapy group (p<0.001, p<0.05, and p<0.001). More histone deacetylase 2 (HDAC2) activity was recovered in the DXM and CAM+DXM challenged groups than in the control group (p<0.05). Conclusion: Decreased IL-17 and recovered relative HDAC2 activity correlated with airway resistance and inflammation in a neutrophilic asthma mouse model. This result suggests macrolides as a potential corticosteroid-sparing agent in neutrophilic asthma.

신혈관성 고혈압의 원인 질환 및 예후에 관한 연구

이재욱 ( Lee Jae Ug ),장혜련 ( Jang Hye Lyeon ),손민정 ( Son Min Jeong ),박정환 ( Park Jeong Hwan ),주권욱 ( Ju Gwon Ug ),김연수 ( Kim Yeon Su ),안규리 ( An Gyu Li ),한진석 ( Han Jin Seog ),김성권 ( Kim Seong Gwon ),이정상 ( Lee J 대한신장학회 2004 Kidney Research and Clinical Practice Vol.23 No.1

배 경 : 신혈관성 고혈압의 치료로 최근 경피적 혈관성형술 및 우회술 또는 혈관 이식술 등의 수술적 치료가 활발히 시행되고 있으며, 이에 따라 치료 후 혈압과 신기능에 있어 그 효과가 주목되고 있다. 이에 저자들은 신혈관성 고혈압의 원인 질환을 알아보고 치료 방법에 따른 예후를 평가하고자 하였다. 방 법 : 서울대학교병원 내과에서 1983년 1월-2002년 12월까지 혈관조영술과 기능검사로 확진된 신혈관성 고혈압 환자를 대상으로 6개월 이상 추적 관찰이 이루어진 환자들의 기저 질환과 치료 반응에 따른 예후를 평가하였다. 결 과 : 74명 중 남녀는 각각 37명이었으며, 진단 시의 평균 연령은 40 (12-77)세였다. 원인 질환으로는 죽상경화 31명 (41.9%), Takayasu 동백염 21명 (28.4%), 섬유근 이형성증 14명 (18.9%), 기타 8명 (10.8%)이었다. 내과적 치료를 받은 환자는 25명(33.8%), 방사선학적 중재술을 받은 환자는 29명 (39.2%)이었고, 수술적 치료를 받은 환자는 20명(27.0%)이었다. 치료군의 진단 당시 혈압은 각각 185.9±26.3/115.0±20.2 mmHg, 188.9±23.7/116.6±20.9 mmHg, 192.7±23.1/118.2±19.0 mmHg, 진단 당시 혈청 크레아티닌은 각각 1.5±1.0 ㎎/dL, 1.2±0.7 ㎎/dL, 1.4±0.6 ㎎/dL로 유의한 차이가 없었다. 내과적 치료를 시행한 환자 25명에서 평균 82±64 (6-253)개월 후의 혈압은 150.0±20.3/88.7±13.6 mmHg로 감소하였고 (p<0.05), 혈청 크레아티닌 (2.3±3.6 ㎎/dL)은 치료 전과 차이가 없었다. 방사선학적 중재술을 받은 환자 29명에서 평균 60±48 (6-185)개월 후의 혈압은 141.9±24.4/88.3±17.4 mmHg로 감소하였고 (p<0.05), 고혈압의 완치 9명 (31.0%), 호전 14명 (48.3%)이었다. 신기능은 악화된 환자가 2명 (6.9%), 유지된 환자 20명 (69.0%), 호전된 환자 7명 (24.1%)이었다. 수술적 치료를 받은 환자 20명의 평균 95±62 (6-228)개월 후의 혈압은 150.1±25.6/91.7±11.5 mmHg로 감소하였고 (p<0.05), 고혈압의 완치 2명 (10.0%), 호전 13명 (65.0%), 무반응 5명 (25.0%)이었다. 이들 중 신기능이 악화된 환자는 3명(15.0%), 안정적으로 유지된 환자는 13명 (65.0%), 호전된 환자는 4명 (20.0%)이었다. 결 론 : 죽상경화가 신혈관성 고혈압의 가장 흔한 원인 질환임을 확인할 수 있었고, 내과적 치료와 방사선학적 중재술 및 수술적 치료가 모두 혈압의 조절 및 신기능의 보존에 우수한 성적을 보임을 알 수 있었다. Background : Renovascular hypertension has variable etiologic diseases and therapeutic outcomes. We performed a retrospective analysis of the causes and treatment results of renovascular hypertension to elucidate long-term prognosis with respect to blood pressure and renal function. Methods : We reviewed patients who were admitted to Seoul National University Hospital for evaluation of renovascular hypertension in period from January, 1983 to December, 2002. Diagnosis of renovascular hypertension was made by combination of positive functional studies such as captopril renal scintigraphy and/or captopril test and angiographic demonstration of significant stenoses in one or both or renal arteries. Patients who were followed up for more than six months were included and classified according to the etiologic disease and treatment modalities. Responses of blood pressure and renal function in each patient were periodically evaluated. Results : Of 74 patients included, 37 were male and 37 were female. The median age of the patients was 40. Atherosclerotic renal artery stenosis was the most common diagnosis (31, 41.9%), followed by Takayasu‘s arteritis (21, 28.4%) and fibromuscular dysplasia (14, 18.9%). Control of blood pressure and preservation of renal function were significant in medical, radiological, and surgical therapy group. There was no significant difference in response of blood pressure and renal function to treatment among treatment groups. Poor response of blood pressure and deterioration of renal function were observed more frequently in patients with atherosclerotic renal artery stenosis than in those with Takayasu`s arteritis or fibromuscular dysplasia. Conclusion : Atherosclerosis was the most common etiologic diagnosis of renovascular hypertension. Medical treatment showed satisfactory treatment results as compared to radiologic and surgical revascularization. Pathients with atherosclerotic renal artery stenosis showed poorer control of blood pressure and preservation of renal function. (Korean J Nephrol 2004;23(1):66-74)

Microcystin Biosynthesis and <i> mcyA</i> Expression in Geographically Distinct <i> Microcystis</i> Strains under Different Nitrogen, Phosphorus, and Boron Regimes

Srivastava, Ankita,Ko, So-Ra,Ahn, Chi-Yong,Oh, Hee-Mock,Ravi, Alok Kumar,Asthana, Ravi Kumar Hindawi Publishing Corporation 2016 BioMed research international Vol.2016 No.-

<P>Roles of nutrients and other environmental variables in development of cyanobacterial bloom and its toxicity are complex and not well understood. We have monitored the photoautotrophic growth, total microcystin concentration, and microcystins synthetase gene (<I>mcyA</I>) expression in lab-grown strains of<I> Microcystis</I> NIES 843 (reference strain), KW (Wangsong Reservoir, South Korea), and Durgakund (Varanasi, India) under different nutrient regimes (nitrogen, phosphorus, and boron). Higher level of nitrogen and boron resulted in increased growth (avg. 5 and 6.5 Chl <I>a</I> mg/L, resp.), total microcystin concentrations (avg. 1.185 and 7.153 mg/L, resp.), and<I> mcyA</I> transcript but its expression was not directly correlated with total microcystin concentrations in the target strains. Interestingly, Durgakund strain had much lower microcystin content and lacked microcystin-YR variant over NIES 843 and KW. It is inferred that microcystin concentration and its variants are strain specific. We have also examined the heterotrophic bacteria associated with cyanobacterial bloom in Durgakund Pond and Wangsong Reservoir which were found to be enriched in Alpha-, Beta-, and Gammaproteobacteria and that could influence the bloom dynamics.</P>

Congenital Osseous Anomalies of the Cervical Spine: Occurrence, Morphological Characteristics, Embryological Basis and Clinical Significance: A Computed Tomography Based Study

N. V. Ankith, M,M. Avinash,K. S. Srivijayanand,Ajoy Prasad Shetty,Rishi Mugesh Kanna,Shanmuganathan Rajasekaran 대한척추외과학회 2019 Asian Spine Journal Vol.13 No.4

Study Design: Observational retrospective computed tomography (CT) based study. Purpose: To analyze the congenital anomalies of the cervical spine, their morphological variations and their clinical significance. Overview of Literature: Studies published to date have focused mainly on upper cervical anomalies; no study has comprehensively reported on anomalies of both the occipitocervical and subaxial cervical spine. Methods: Nine hundred and thirty cervical spine CT scans performed in Ganga Hospital, Coimbatore, India between January 2014 and November 2017 were screened by two independent observers to document anomalies of both the upper and lower cervical spine. CT scans conducted for infection, tumor, and/or deformity were excluded. Different morphological variations, embryological basis, and clinical significance of the anomalies were discussed. Results: Of the 930 CT scans screened, 308 (33.1%) had congenital anomaly. Of these, 184 (59.7%) were males and 124 (40.2.7%) were females, with a mean age of 44.2 years (range, 14–78 years). A total of 377 anomalies were identified, with 69 cases (7.4%) having more than one anomaly. Two hundred and fifty (26.8%) anomalies of the upper cervical region (occiput to C2–C3 disk space) were identified, with the most common upper cervical anomalies being high-riding vertebral artery (108 cases, 11.6%) and ponticulus posticus (PP) (75 cases, 8%). One hundred and twenty seven (13.6%) anomalies of the lower cervical spine (C3–C7) were noted, of which double foramen transversarium was the most common anomaly observed in 46 cases (4.8%). Conclusions: We found that 33.1% of CT scans had at least one congenital anomaly. Some anomalies, such as abnormal facet complex and arch anomalies, have to be differentiated from fractures in a trauma patient. Other anomalies, like PP, have to be looked for during preoperative planning to avoid complications during surgery. Therefore, knowledge of these anomalies is important as different anomalies have different clinical courses and management.