Jeju Island, a picturesque island off the southern coast of South Korea, is a popular destination known for its stunning natural landscapes and unique culture. Unlike South Korea’s general visa policy, which requires visas for many nationalities, Jeju Island offers a more lenient visa-free policy, allowing most travelers to stay for up to 30 days without a visa, providing they satisfy the requirement of arriving via direct flight outside mainland South Korea. However, the island's visa policy is only partially inclusive, as it excludes nationals from 23 countries designated by the South Korean Ministry of Justice. While allowing visa-free travel for tourists is a concept explored previously, South Korea's restriction on certain nationalities undercuts its goal of promoting tourism and economic development on Jeju Island. Interestingly, other countries that have visa-free island policies do not impose such restrictions, including Vietnam’s Phú Quốc Island, Iran’s Kish and Qeshm Islands, and Norway’s Svalbard. This article delves into Jeju Island’s visa policy, the list of excluded countries, and the policies of other countries with visa-free islands. It proposes a straightforward legal remedy that could promote more inclusive tourism by allowing all nationalities to visit Jeju Island without visa restrictions. Such a move would enhance the island’s reputation as a welcoming and inclusive tourist destination and foster greater international cooperation.
{"title":"Jeju Island- A “Visa-Free” South Korean Destination, Not Free to All: A Legal Remedy","authors":"Nicolas Patrick Garon","doi":"10.18034/ajtp.v10i2.679","DOIUrl":"https://doi.org/10.18034/ajtp.v10i2.679","url":null,"abstract":"Jeju Island, a picturesque island off the southern coast of South Korea, is a popular destination known for its stunning natural landscapes and unique culture. Unlike South Korea’s general visa policy, which requires visas for many nationalities, Jeju Island offers a more lenient visa-free policy, allowing most travelers to stay for up to 30 days without a visa, providing they satisfy the requirement of arriving via direct flight outside mainland South Korea. However, the island's visa policy is only partially inclusive, as it excludes nationals from 23 countries designated by the South Korean Ministry of Justice. While allowing visa-free travel for tourists is a concept explored previously, South Korea's restriction on certain nationalities undercuts its goal of promoting tourism and economic development on Jeju Island. Interestingly, other countries that have visa-free island policies do not impose such restrictions, including Vietnam’s Phú Quốc Island, Iran’s Kish and Qeshm Islands, and Norway’s Svalbard. This article delves into Jeju Island’s visa policy, the list of excluded countries, and the policies of other countries with visa-free islands. It proposes a straightforward legal remedy that could promote more inclusive tourism by allowing all nationalities to visit Jeju Island without visa restrictions. Such a move would enhance the island’s reputation as a welcoming and inclusive tourist destination and foster greater international cooperation.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"121 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139347322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the current international and domestic context, imagining a more complex bilateral trade agreement is more accessible than between the European Union (E.U.) and Mercosur (the South American International Trading Bloc). The tensions between these major trading blocs only aggravate international trade and economic relations. Consequently, the World Trade Organization (WTO) is bracing for its most significant challenge since its establishment in 1994. Between the E.U. and Mercosur's complex trade agreement and the WTO's challenge, the post-COVID-19 international legal environment has become even more complicated. The aims of this paper are: (1) to analyze the importance of the E.U.–Mercosur agreement within the current institutional trade framework; (2) to present some of the most controversial dilemmas posed by the present agreement; and (3) to evaluate the extent to which the agreement may support or hinder more sustainable and inclusive development among both trade partners. This study will focus on Brazil due to its geography, population size, and historical efforts to bring the nation closer to the international periphery and its radical turn to authoritarian populism. Additionally, Brazil's Amazon Rainforest's global necessity is essential for this study.
{"title":"Pathways from the (semi) Periphery: Early Assessment of EU Mercosur Trade Agreement in Principle","authors":"Matjaž Nahtigal","doi":"10.18034/ajtp.v10i2.680","DOIUrl":"https://doi.org/10.18034/ajtp.v10i2.680","url":null,"abstract":"In the current international and domestic context, imagining a more complex bilateral trade agreement is more accessible than between the European Union (E.U.) and Mercosur (the South American International Trading Bloc). The tensions between these major trading blocs only aggravate international trade and economic relations. Consequently, the World Trade Organization (WTO) is bracing for its most significant challenge since its establishment in 1994. Between the E.U. and Mercosur's complex trade agreement and the WTO's challenge, the post-COVID-19 international legal environment has become even more complicated. The aims of this paper are: (1) to analyze the importance of the E.U.–Mercosur agreement within the current institutional trade framework; (2) to present some of the most controversial dilemmas posed by the present agreement; and (3) to evaluate the extent to which the agreement may support or hinder more sustainable and inclusive development among both trade partners. This study will focus on Brazil due to its geography, population size, and historical efforts to bring the nation closer to the international periphery and its radical turn to authoritarian populism. Additionally, Brazil's Amazon Rainforest's global necessity is essential for this study.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139347325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Securing financial information, especially accounting, is essential in the digital world. This article explores organizations' challenges in protecting accounting data from evolving cyber threats. By sharing real-life case studies and industry research, we offer suggestions to enhance the security of accounting information. These recommendations include adopting cybersecurity frameworks implementing technical defenses like endpoint protection and network segmentation, following secure coding practices prioritizing user awareness and training, creating incident response and business continuity plans, regularly conducting vulnerability assessments and monitoring, maintaining strong vendor relationships, and ensuring compliance with relevant regulations and standards. By implementing these suggestions, accounting professionals and organizations can strengthen cybersecurity measures. Effectively protect valuable financial data from the ever-growing threat landscape. Taking an approach that combines technical measures, user awareness, incident preparedness, and regulatory compliance is crucial when navigating the digital landscape with confidence and resilience.
{"title":"Securing Financial Information in the Digital Realm: Case Studies in Cybersecurity for Accounting Data Protection","authors":"Md. Abdullahel Kafi, N. Akter","doi":"10.18034/ajtp.v10i1.659","DOIUrl":"https://doi.org/10.18034/ajtp.v10i1.659","url":null,"abstract":"Securing financial information, especially accounting, is essential in the digital world. This article explores organizations' challenges in protecting accounting data from evolving cyber threats. By sharing real-life case studies and industry research, we offer suggestions to enhance the security of accounting information. These recommendations include adopting cybersecurity frameworks implementing technical defenses like endpoint protection and network segmentation, following secure coding practices prioritizing user awareness and training, creating incident response and business continuity plans, regularly conducting vulnerability assessments and monitoring, maintaining strong vendor relationships, and ensuring compliance with relevant regulations and standards. By implementing these suggestions, accounting professionals and organizations can strengthen cybersecurity measures. Effectively protect valuable financial data from the ever-growing threat landscape. Taking an approach that combines technical measures, user awareness, incident preparedness, and regulatory compliance is crucial when navigating the digital landscape with confidence and resilience.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124844868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mainstream discussion on whether the Federal Reserve should issue a central bank digital currency (CBDC) as virtual legal tender focuses on five aspects related to the American domestic environment -- efficiency, privacy, safety and security, financial inclusion and exclusion, and impact on the current economic systems and monetary policies. This article takes a new and broader perspective on this critical issue by investigating how China, being the arch-international competitor of the US, has formulated a well-designed and structured master plan supported by various econo-legal strategies to pursue the objective of de-dollarization through the utilization of a China-currency-based CBDC with “controllable anonymity” and different multicurrency exchange and settlement platforms. Given the reality that de-dollarization will inevitably weaken the ubiquitous platform of international trade and payment of the US dollar (USD), can the Federal Reserve use the same tool, a USD-based CBDC, to counteract or even reverse the declining trend of the American currency’s versatility and far-reaching capability? This article recommends that the Federal Reserve can slow down the de-dollarization movement by issuing a CBDC at both the wholesale and retail levels, emphasizing the control of the former while having more cooperation with private banks for the latter.
{"title":"Should the Federal Reserve Issue a Digital Currency as Virtual Legal Tender? An Econo-legal Analysis Based on China’s Master Plan for De-dollarization","authors":"Alvin Hoi-Chun Hung","doi":"10.18034/ajtp.v10i1.660","DOIUrl":"https://doi.org/10.18034/ajtp.v10i1.660","url":null,"abstract":"Mainstream discussion on whether the Federal Reserve should issue a central bank digital currency (CBDC) as virtual legal tender focuses on five aspects related to the American domestic environment -- efficiency, privacy, safety and security, financial inclusion and exclusion, and impact on the current economic systems and monetary policies. This article takes a new and broader perspective on this critical issue by investigating how China, being the arch-international competitor of the US, has formulated a well-designed and structured master plan supported by various econo-legal strategies to pursue the objective of de-dollarization through the utilization of a China-currency-based CBDC with “controllable anonymity” and different multicurrency exchange and settlement platforms. Given the reality that de-dollarization will inevitably weaken the ubiquitous platform of international trade and payment of the US dollar (USD), can the Federal Reserve use the same tool, a USD-based CBDC, to counteract or even reverse the declining trend of the American currency’s versatility and far-reaching capability? This article recommends that the Federal Reserve can slow down the de-dollarization movement by issuing a CBDC at both the wholesale and retail levels, emphasizing the control of the former while having more cooperation with private banks for the latter.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"31 1-4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133072252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In August 2021, President Biden announced the withdrawal of the US army from Afghanistan. As the final armed force withdrew on August 30th, 2021, the long-term direct interference of the US army in Afghanistan ended. Since the Afghanistan War in 2001, US-led forces have sought to eliminate insurgencies and reestablish social and political orders. In the past 20 years, the US has spent considerable effort and funds to assist in the recovery and development of Afghanistan. The reappearance of the Taliban in power in Afghanistan and the retreat of US forces from the nation revealed that all the efforts the US had previously made did not meet the expectation they should have. Thus, the inefficiency of counterinsurgency in Afghanistan could be a sign that the currently existing methods might not be able to provide an effective solution for the situation in Afghanistan. Inspired by the development of novel technologies such as Artificial Intelligence, this article argues that the current usage and development of such technologies can foreshadow possible solutions to Afghanistan's various problems.
{"title":"An Analysis of Afghanistan's Postwar Condition and How to Use AI Technology to Address It","authors":"Tianyi Cao","doi":"10.18034/ajtp.v10i1.648","DOIUrl":"https://doi.org/10.18034/ajtp.v10i1.648","url":null,"abstract":"In August 2021, President Biden announced the withdrawal of the US army from Afghanistan. As the final armed force withdrew on August 30th, 2021, the long-term direct interference of the US army in Afghanistan ended. Since the Afghanistan War in 2001, US-led forces have sought to eliminate insurgencies and reestablish social and political orders. In the past 20 years, the US has spent considerable effort and funds to assist in the recovery and development of Afghanistan. The reappearance of the Taliban in power in Afghanistan and the retreat of US forces from the nation revealed that all the efforts the US had previously made did not meet the expectation they should have. Thus, the inefficiency of counterinsurgency in Afghanistan could be a sign that the currently existing methods might not be able to provide an effective solution for the situation in Afghanistan. Inspired by the development of novel technologies such as Artificial Intelligence, this article argues that the current usage and development of such technologies can foreshadow possible solutions to Afghanistan's various problems.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131906791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Planning a career can be defined as a sequence of processes that build up a career. Choosing the right career is essential for business graduates, especially in this competitive age. This study aims to identify the career preferences of business background students of Public Universities in Bangladesh and the factors that influence their career choice, which will help the business policy maker. Both the structured and the semi-structured questions containing pre-coded and open-ended questions were used to development of the questionnaire. Likert scale and multiple-choice were also used in the questionnaire. For this study, we have 97 respondents as our sample size. We have done frequency analysis, ratio analysis, percentages, and means to reach our objective. The result shows that most business students prefer Government/Public sector jobs, especially Bangladesh Civil Service (BCS). Teaching is the second choicest profession for graduates. The key factors influencing career choice are authority and power, social recognition, job security, mental satisfaction, and payment. The most common constraints graduates face when choosing a career are a lack of practical education, subject-specialized jobs, practical education systems, unfair hiring process, and experience needed at an entry-level position. However, the findings of our study will help both students and policy maker about career-related issues. Furthermore, the in-depth extracted policies are recommended to bring more insight into the matter.
{"title":"Career Preferences of Bangladeshi Public University Business Students","authors":"Md. Mostafijur Rahman, Md. Tuhin Hussain, Farjana Salam, Md. Sabuj Hussain, Md. Hasan Talukdar","doi":"10.18034/ajtp.v9i3.645","DOIUrl":"https://doi.org/10.18034/ajtp.v9i3.645","url":null,"abstract":"Planning a career can be defined as a sequence of processes that build up a career. Choosing the right career is essential for business graduates, especially in this competitive age. This study aims to identify the career preferences of business background students of Public Universities in Bangladesh and the factors that influence their career choice, which will help the business policy maker. Both the structured and the semi-structured questions containing pre-coded and open-ended questions were used to development of the questionnaire. Likert scale and multiple-choice were also used in the questionnaire. For this study, we have 97 respondents as our sample size. We have done frequency analysis, ratio analysis, percentages, and means to reach our objective. The result shows that most business students prefer Government/Public sector jobs, especially Bangladesh Civil Service (BCS). Teaching is the second choicest profession for graduates. The key factors influencing career choice are authority and power, social recognition, job security, mental satisfaction, and payment. The most common constraints graduates face when choosing a career are a lack of practical education, subject-specialized jobs, practical education systems, unfair hiring process, and experience needed at an entry-level position. However, the findings of our study will help both students and policy maker about career-related issues. Furthermore, the in-depth extracted policies are recommended to bring more insight into the matter.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125127742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study aims to investigate the impact of different parts of the disclosure index on concerned components of investors’ decisions. For this consideration, this study has constructed an unweighted disclosure index under eight headings: corporate profile items, corporate governance items, employees and social responsibility items, risk management items, indicators of financial performance, income statement items, balance sheet items, and accounting policy items. The individual disclosure of each part of the disclosure index has been calculated. This study also identified some concerning components of investors' decisions like current ratio, working capital ratio, deposit assets ratio, cash deposit ratio, return on equity, return on assets, dividend yield ratio, and dividend payout ratio. To achieve the study objective, this study has used secondary data extracted from published audited annual reports of ten sample banks in Bangladesh from 2015 to 2019. The ANOVA test and multiple regression analysis with the ordinary least square model (OLS) have been employed to reveal the study findings. The results of the ANOVA test report significant variation in the disclosure scores of different parts of the disclosure index and the various concerned components of investors’ decisions. The results of multiple regression analysis illustrated that the disclosure scores of the other parts of the disclosure index had a significant positive impact on the different concerned components of investors’ decisions.
{"title":"Impact of Disclosure Practices on Investment Decision","authors":"Md. Solaiman Hossain","doi":"10.18034/ajtp.v9i3.627","DOIUrl":"https://doi.org/10.18034/ajtp.v9i3.627","url":null,"abstract":"This study aims to investigate the impact of different parts of the disclosure index on concerned components of investors’ decisions. For this consideration, this study has constructed an unweighted disclosure index under eight headings: corporate profile items, corporate governance items, employees and social responsibility items, risk management items, indicators of financial performance, income statement items, balance sheet items, and accounting policy items. The individual disclosure of each part of the disclosure index has been calculated. This study also identified some concerning components of investors' decisions like current ratio, working capital ratio, deposit assets ratio, cash deposit ratio, return on equity, return on assets, dividend yield ratio, and dividend payout ratio. To achieve the study objective, this study has used secondary data extracted from published audited annual reports of ten sample banks in Bangladesh from 2015 to 2019. The ANOVA test and multiple regression analysis with the ordinary least square model (OLS) have been employed to reveal the study findings. The results of the ANOVA test report significant variation in the disclosure scores of different parts of the disclosure index and the various concerned components of investors’ decisions. The results of multiple regression analysis illustrated that the disclosure scores of the other parts of the disclosure index had a significant positive impact on the different concerned components of investors’ decisions.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126592282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Intellectual property has been central to Sino-US disputes in the past decades. The US government has taken various measures to compel China to enforce IP rights (IPR) protection in conformity with what would be acceptable by US standards, only to find differences persisting and these IPR disputes far from resolved. To better understand the tension between China and the US over IPR protection, this note provides a historical analysis of China’s IPR development from Late Qing to today, focusing on the changes and continuities in Chinese attitudes toward IPR across different periods. Without indigenous concepts of IPR, China was forced to accept western standards at a time of military and political weakness and has consequently remained vigilant against foreign domination in this field. However, China also gradually developed a genuine appreciation for modern IPR to the degree that would benefit China's economic development and status in the global community. A normative judgment on China's IPR protection would frustrate efforts at dispute resolution by assuming US standards of IPR protection as universally ideal. As China and the US continue to cooperate in trade and technology, mutual understanding and appreciation of a shared set of IP standards would be essential.
{"title":"Chinese Attitudes toward Intellectual Property Rights-Change and Continuity","authors":"H. Hai, Peter A. Dutton, Jerome A. Cohen","doi":"10.18034/ajtp.v9i2.621","DOIUrl":"https://doi.org/10.18034/ajtp.v9i2.621","url":null,"abstract":"Intellectual property has been central to Sino-US disputes in the past decades. The US government has taken various measures to compel China to enforce IP rights (IPR) protection in conformity with what would be acceptable by US standards, only to find differences persisting and these IPR disputes far from resolved. To better understand the tension between China and the US over IPR protection, this note provides a historical analysis of China’s IPR development from Late Qing to today, focusing on the changes and continuities in Chinese attitudes toward IPR across different periods. Without indigenous concepts of IPR, China was forced to accept western standards at a time of military and political weakness and has consequently remained vigilant against foreign domination in this field. However, China also gradually developed a genuine appreciation for modern IPR to the degree that would benefit China's economic development and status in the global community. A normative judgment on China's IPR protection would frustrate efforts at dispute resolution by assuming US standards of IPR protection as universally ideal. As China and the US continue to cooperate in trade and technology, mutual understanding and appreciation of a shared set of IP standards would be essential.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134574377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On April 21, 2022, the Supreme Court came to an unanimous decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, a case concerning the legal ownership of a valuable painting by Camille Pissarro that was appropriated by the Nazi regime during the 1930s when its Jewish owners fled to the United States. After World War II, the painting changed ownership several times, ultimately to be acquired by Baron Hans Heinrich who sold it to the Thyssen-Bornemisza Collection Foundation in the Kingdom of Spain. After sixteen years of litigation and four appeals to the Ninth Circuit, the Supreme Court vacated and remanded the case back to the Ninth Circuit. The opinion, written by Justice Kagan, contended that in a suit raising non-federal claims against a foreign state or instrumentality under the FSIA, a court should determine the substantive law by using the same voice of law rule applicable in a similar suit against a private party. This paper will introduce the facts of Cassirer, present its procedural history, and dissect its treatment before the United States Supreme Court. This analysis will conclude with a discussion of the potential implications of the Cassirer decision on future Nazi-looted art claims.
2022年4月21日，最高法院就卡西尔诉蒂森-博内米萨收藏基金会案(Cassirer v. thyssenbornemisza Collection Foundation)达成一致裁决。这是一起涉及卡米尔·毕沙罗(Camille Pissarro)一幅珍贵画作的合法所有权的案件，这幅画在20世纪30年代被纳粹政权盗用，当时它的犹太主人逃到了美国。第二次世界大战后，这幅画几经易主，最终被汉斯·海因里希男爵收购，他把它卖给了西班牙王国的蒂森-博内米萨收藏基金会。经过16年的诉讼和向第九巡回法院的四次上诉，最高法院撤销了该案件，并将其发回第九巡回法院。由卡根大法官撰写的意见书认为，在根据FSIA对外国政府或机构提出非联邦索赔的诉讼中，法院应使用适用于对私人当事方的类似诉讼的相同法律之声规则来确定实体法。本文将介绍卡西尔案的事实，介绍其诉讼历史，并剖析其在美国最高法院的处理。这一分析将以讨论卡西尔裁决对未来纳粹掠夺艺术品索赔的潜在影响来结束。
{"title":"Choice of Law and Nazi-Looted Art Restitution: Cassirer v. Thyssen-Bornemisza Collection Foundation","authors":"Julia Vastano","doi":"10.18034/ajtp.v9i2.620","DOIUrl":"https://doi.org/10.18034/ajtp.v9i2.620","url":null,"abstract":"On April 21, 2022, the Supreme Court came to an unanimous decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, a case concerning the legal ownership of a valuable painting by Camille Pissarro that was appropriated by the Nazi regime during the 1930s when its Jewish owners fled to the United States. After World War II, the painting changed ownership several times, ultimately to be acquired by Baron Hans Heinrich who sold it to the Thyssen-Bornemisza Collection Foundation in the Kingdom of Spain. After sixteen years of litigation and four appeals to the Ninth Circuit, the Supreme Court vacated and remanded the case back to the Ninth Circuit. The opinion, written by Justice Kagan, contended that in a suit raising non-federal claims against a foreign state or instrumentality under the FSIA, a court should determine the substantive law by using the same voice of law rule applicable in a similar suit against a private party. This paper will introduce the facts of Cassirer, present its procedural history, and dissect its treatment before the United States Supreme Court. This analysis will conclude with a discussion of the potential implications of the Cassirer decision on future Nazi-looted art claims.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129093935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Assessing economic loss and compensatory damages for contract breaches traditionally navigates between two practical difficulties: judicial uncertainty and technical complexity. Judicial tension is exceptionally high when objective data is missing, and when information exists, current financial and statistical methodologies are too complex or costly. To reduce inefficient bargaining, unnecessary litigations, and uncertain judicial decisions, there is a need for alternative methods that are both factual and simpler than current quantitative methods. This paper takes from the personal injury doctrine to posit that viable assessment methods include the development of damages schedules for certain economic losses. It uses breaches of corporate agreements to negotiate or to agree in the US and France to illustrate so. After reviewing data sampled from several hundred contract cases, this paper highlights a convergence of seemingly opposed case laws over the last 25 years as a starting point for a standardized damages methodology. The empirical analysis shows strong correlations between plaintiff outcomes and claims quantum, evidentiary levels of sophistication, business risk, and law firm size. Based on these results, this article formulates practical suggestions for parties seeking to improve their chances of success. It delineates the groundwork for additional empirical analysis needed to achieve statistical representation. Using damages schedules combined with artificial intelligence would give rise to predictive decision support systems that assess the probability of obtaining damages and the quantum of those damages. This would trigger a virtuous cycle: assisting judges in their discretionary decisions, and improving the accuracy of predictive models, thus, giving more incentives for all stakeholders to use them. Hence, their use would streamline litigation and eventually generate value for society beyond what can be imagined today.
{"title":"Breaches of Agreements to Negotiate: A Comparative Analysis of Damages","authors":"Frank Giaoui","doi":"10.18034/ajtp.v9i2.623","DOIUrl":"https://doi.org/10.18034/ajtp.v9i2.623","url":null,"abstract":"Assessing economic loss and compensatory damages for contract breaches traditionally navigates between two practical difficulties: judicial uncertainty and technical complexity. Judicial tension is exceptionally high when objective data is missing, and when information exists, current financial and statistical methodologies are too complex or costly. To reduce inefficient bargaining, unnecessary litigations, and uncertain judicial decisions, there is a need for alternative methods that are both factual and simpler than current quantitative methods. This paper takes from the personal injury doctrine to posit that viable assessment methods include the development of damages schedules for certain economic losses. It uses breaches of corporate agreements to negotiate or to agree in the US and France to illustrate so. After reviewing data sampled from several hundred contract cases, this paper highlights a convergence of seemingly opposed case laws over the last 25 years as a starting point for a standardized damages methodology. The empirical analysis shows strong correlations between plaintiff outcomes and claims quantum, evidentiary levels of sophistication, business risk, and law firm size. Based on these results, this article formulates practical suggestions for parties seeking to improve their chances of success. It delineates the groundwork for additional empirical analysis needed to achieve statistical representation. Using damages schedules combined with artificial intelligence would give rise to predictive decision support systems that assess the probability of obtaining damages and the quantum of those damages. This would trigger a virtuous cycle: assisting judges in their discretionary decisions, and improving the accuracy of predictive models, thus, giving more incentives for all stakeholders to use them. Hence, their use would streamline litigation and eventually generate value for society beyond what can be imagined today.","PeriodicalId":433827,"journal":{"name":"American Journal of Trade and Policy","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126591073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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