Promoting Rule of Law and Human Rights in Asia.
The U.S.-Asia Law Institute serves as a bridge between Asia and America, fostering mutual understanding on legal issues, and using constructive engagement with our partners to advocate for legal reform.
From a corporate governance perspective, the Nissan scandal can be boiled down to one fundamental question: Is Nissan a “Japanese” company? Nissan is incorporated in Japan and listed on the Tokyo Stock Exchange and traditionally has been managed from Yokohama, but in terms of ownership structure it has the French company, Renault, as a controlling shareholder. This ownership structure is formally reflected in Nissan’s internal rules, which give Nissan’s chairman (Ghosn) unusual authority to nominate the company’s directors and to determine executive compensation. The basic question of Nissan’s identity is also highly relevant to the central issue in the case revolving around Ghosn’s executive compensation: Should Ghosn be compensated according to Japanese norms or practices, or should his compensation be considered in terms of being CEO of a global automobile company like General Motors? Compensation practices reflect underlying basic differences in employment systems, as large Japanese companies continue to practice a modified form of “lifetime employment.”
As an important supplement to the legal aid system, the on-duty lawyer system originated in the United Kingdom and was gradually absorbed and established by modern rule of law countries such as Australia, Canada, and Japan, and became an important part of the legal aid system of these countries. The number of criminal defense lawyers in China is limited, and the criminal defense rate continues to be low.
Academic exchanges between the U.S. and China have blossomed in frequency and scope since relations were normalized in 1978. Now, as relations sour, Chinese scholars and students face suspicions of espionage and spreading propaganda. The U.S. scrutiny is especially intense for Chinese scholars affiliated with state-linked think tanks and research institutions…
On May 29, 2018, the U.S.-Asia Law Institute (USALI) of NYU School of Law held a book launch for the release of their two newest publications, Questioning Police Interrogation Methods: A Comparative Study and The Evolution of Pretrial Detention Law: A Comparative Study. These two books are products of multi-year projects undertaken by USALI, featuring a variety of articles written by leading legal scholars, social scientists and law practitioners from the U.S., the UK and P.R. China about the important and evolving fields of pretrial detention and police interrogation methods.
By Jerome A. Cohen
I gave a talk entitled “Jack Downey, Sino-American Relations and International Law — Lessons for Today" at the Woodrow Wilson Center today in Washington, DC. It was in memory of the late distinguished historian of Sino-American relations Nancy Bernkopf Tucker and reviewed the case of my Yale college classmate Jack Downey, a CIA agent whose plane was shot down in China November 29, 1952.
The Taiwan Relations Act (TRA) is a model of legal ingenuity spurred by political necessity. Jimmy Carter inherited Richard Nixon’s challenge, which was to establish diplomatic relations with the People’s Republic of China (PRC). Nixon took the first step in February 1972 with his famous trip to Beijing, where he, Henry Kissinger, and China’s leaders concluded the Shanghai Communiqué. The Communiqué gave ambiguous assurance to China about Taiwan.