American Journal of Trade and Policy
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Tort Compensation in the United States and England: Goal or Means?
Get PDFThe modern state exists and acts on behalf of its citizens. No longer is it the state of a sole ruler acting on his or her own behalf and for his or her own sake. Rather, it is a civil state whose role is to preserve the rights of its citizens and to maximize their welfare. An important instrument for the goal of realizing these roles is the government authority held by the state. Consequently, the modern state exercises extensive government authority in social and economic life. The widening of the areas of activity in which it is involved and over which it exercises its authority raises the question of the desirable scope of state liability for the negligent exercise of this authority. In this paper, I analyze the scope of tort liability of public agencies and public authorities in the United States and England. The innovation proposed in this article is twofold for, although the scope of liability of public agencies has been extensively surveyed and analyzed in the academic literature, these surveys and analyses were for the most part conducted by means of organizing the development of the relevant case law along a timeline. This article adopts a different approach, examining the scope of liability of public agencies according to their areas of activity. Accordingly, the abundant court judgments are classified into varied areas of government activity. This technique allows for fine, precise inferences to be drawn with regard to the level of liability of public agencies. It can be started already at this stage that, as a whole, the fundamental conclusion of this article is that in both the United States and England the remnants of the traditional doctrine, that of sovereign or crown immunity, are marked. An analysis of the law in these countries shows that to this day, public agencies still enjoy extensive protections against tort claims and that the general approach there has always been to limit liability. The second innovation included in this article is, in a nutshell, the suggestion of a possible reason for the prevalence of this doctrine in the United States and England. I argue that this reason may be the manner in which each judicial system perceives the role of the instrument of tort compensation. Accordingly, I contend that compensation is perceived in the United States and England as a means to achieve the goals of tort law, rather than as an independent goal standing on its own merit.
 
Materiality of Disclosure of Non-financial Sustainability Information and Company Financial Performance: Evidence from Australian Listed Companies
Get PDFThe broad objective of this paper is to investigate the relationships between the disclosure of non-financial material sustainability information and the financial performance of listed Australian companies in the materials sector. Using firm-level fixed-effects analysis for all companies, the findings show a mixed relationship (no relationship or statistically significant negative relationship) between lagged aggregate non-financial material sustainability disclosure and financial performance of Australian listed companies in the materials sector. The present study contributes to the existing literature on disclosure of non-financial sustainability information by adding insights into the materiality concept of non-financial sustainability disclosure in the Australian context. The evidence from the current study is expected to provide useful information for the companies’ stakeholders in Australia who use both financial and non-financial information for formulating business and regulatory policies and for decisions regarding the persistent expansion of sustainability reporting requirements.
Funding Acknowledgement: This study is funded by the “Australian Government Research Training Program (RTP) Scholarship”
Algorithm Policy for the Authentication of Indirect Fingerprints Used in Cloud Computing
Get PDFUser identity identification secures cloud computing. This study examined cloud service security authentication needs. Fingerprint recognition was used to create a new cloud security authentication system. The proposed system\u27s design and process were thoroughly examined to secure cloud user data from unauthorized access. This study proposes a secure cloud server fingerprint match technique. Considering fingerprint uniqueness and stability, cloud security login authentication technology employing fingerprint recognition is researched to improve cloud services login security. Analyze the cloud security login system structure first. Next, fingerprint identification is explained. Finally, fingerprint identification of cloud security login systems is investigated from fingerprint registration, certification, fingerprint image processing perspectives, and a simple fingerprint image processing simulation. The results show that this login mechanism is secure and versatile. The biometric template is insecure, and stolen templates cannot be canceled, making user identity leaks easy. This work proposes indirect fingerprint authentication to address these issues. Finally, a thorough security analysis of the cloud computing method is offered
Environmental Air Quality and Health: Evidence from Trade Liberalization
Get PDFThis paper explores the potential externality of trade liberalization between the US and China on air pollution and infants’ health outcomes. Exploiting the differential impact of tariff reductions due to trade liberalization across industries combined with compositional variations of industry-specific employment across counties as the main source of identification strategy and using the universe of birth records in the US over the years 1990-2017 (over 97 million observations), we document substantial improvements in birth outcomes of mothers residing in counties with higher exposure to trade policy change. The exposed counties experienced sharp drops in employment specifically for manufacturing industries and revealed sharp reductions in a wide array of pollutants. A 1 percent reduction in tariff rates is associated with an 11.5 and 12.7 percentage point reduction in the likelihood of low birth weight and preterm birth, respectively
Tax Culture: Perspectives from an African State
Get PDFUniversally, Tax Culture is not a very common topic but it is critical to administrative governance and economic development. This article argues that the Tax Culture of any milieu is an assemblage of various indices and criteria. These include the history of taxation; tax laws; tax information; tax education; tax revenue mobilization; tax system transparency; tax delinquency; tax dispute resolution; and taxpayer satisfaction. The article sheds light on these instrumental wheels of the Tax Culture of Ghana by providing the research results of field surveys conducted a decade and a half ago. Though dated, any observer of the Tax Culture of Ghana, and indeed of much of Africa and the Global South, will realize that little has since changed. In some instances, the article provides more up-to-date evidence beyond the 2005 data. The article goes beyond an assessment of the Tax Culture of Ghana and articulates recommendations for improving the same. Additionally, it attempts to interconnect issues of Taxation, Good Governance, and Legal Pluralism. Although popular themes in public discourse in Africa today, these concepts are often spoken of in different thematic spheres other than taxation. The article links these themes in practical and concrete ways to taxation, cast in the light of historical institutionalism – an examination of the institutions of taxation, governance, and traditional authority as they interacted through time
America’s Failing Trade War With China: A Focus on Fentanyl
Get PDFAs this article will explain in detail, much of the fentanyl reaching the hands of Americans comes from The People’s Republic of China (“China”). However, as seen by the rise in overdoses, most efforts to control the invasion of fentanyl have been unsuccessful. Although the federal and state governments have attempted to curtail this crisis by imposing sanctions and urging China to regulate production and shipping of the substance, fentanyl continues to flood the streets of the U.S. Moreover, the economic interdependence between the two nations complicates the matter. Because of this interdependence, the U.S. must take control of the situation. The U.S. fentanyl problem will persist if Americans are not dissuaded from using the drug. We must focus on the demand, rather than the supply. This comment focuses on the rise of opioids and synthetic pain relievers, and the variety of attempts at decreasing the number of addicts and overdoses. Initially, the comment will discuss the history of the popular drug opium, opiates, and prescription opioids, discussing state and federal attempts at curbing the crisis that the U.S. faces. It will address the rise of synthetic opioids, such as fentanyl, and how and why it was created. Section two will discuss how fentanyl and its precursors are imported into the U.S. from China. Section three will discuss U.S. federal and state attempts at legislation to control the flow of fentanyl into the U.S. Section four will address the implications, or perhaps fuel to the fire, that the influx in the supply of fentanyl from China has had on trade relations, and how the trade linkage between the two nations obfuscates the situation. The comment will conclude by hypothesizing how the U.S. and China will recalibrate their relationship and recommend that to combat the fentanyl emergency, the U.S. needs to take steps to offer Americans with drug addictions the assistance they need
Impact of Customer Relationship Management (CRM) on Organizational Performance: A Study from the Perspective of Bangladesh
Get PDFCustomer relationship management is recognizing, attracting, obtaining, maintaining, and keeping profitable and faithful customers as the success of a business highly depends on them. The current study’s purpose is to measure the impact of customer relationship management on organizational performance. The study used Yamane’s (1967) formula to calculate the sample, and it has got 90 sample sizes and used semi-structured questionnaires containing pre-coded and open-ended questions. Descriptive statistics like frequency, percentages, and means have been performed. Besides, inferential statistics like correlation and regression analysis have been used to determine the relationship. The result showed that customer relationship management significantly and positively impacts organizational performance. The study will help the policy maker of any organization to rethink and give much more emphasis to customer relationship management
Crime and Cybersecurity as Advanced Persistent Threat: A Constant E-Commerce Challenges
Get PDFThis study examines e-commerce technology and company cyber security threats. Technology for e-commerce is garnering academic and business attention. The business community and consumers can now do what was previously impossible. But it also created concerns, including cyber security. This study examines social engineering, denial of service, malware, and personal data assaults. Global firms spend a lot on cybersecurity, which grows each year. Because attackers constantly look for new vulnerabilities in persons, companies, and technology, it seems complicated to solve the obstacle. This study analyzes social engineering, DDoS, malware, and personal data threats. Using new technology for e-commerce and cybersecurity is a never-ending game of cat and mouse. Reliable technology, staff, customer training, and good corporate and government policies and regulations mitigate hazards
When Things Go Awry: Command Responsibility, Death Marches, and Unforeseeable Circumstances
Get PDFAlthough the events of the past year are in many ways unprecedented, they have resulted in circumstances that are common throughout history. The rise of a global pandemic has led to suffering in many forms, political powers shifting, militant coups rising, and countries facing protests as civil unrest becomes more prevalent. In these uncertain times, political leaders and the role of militaries have been even more scrutinized, revealing flaws that might have remained undetected if it was not for circumstances going awry. These current events have caused us to reflect upon incidents of the past when commanders have faced the uncertainty of how to complete their mission. History is wrought with instances in which the commander, despite having a “Plan B,” still fails to succeed in his role, thus resulting in hundreds of thousands of unnecessary lives lost. Specifically, this article focuses on three death marches—The Long Walk of the Navajo, The Bataan Death March, and Holocaust Death Marches—and the international law of command responsibility. In comparing and contrasting these three historic events through the lens of this law, we analyze the imposition of a commander’s criminal liability when unexpected events occur and he or she is called upon to make difficult decisions. In doing so, we also provide a historical backdrop of each commander’s ethical, moral, and tactical decisions, allowing us to explore what else could have been done, and who should be held liable for the actions of the commander’s soldiers. Ultimately, we call on national leaders and military commanders alike to evaluate our uncomfortable contemporary reality, look back in history, and ask themselves one question: am I truly prepared to make the right decisions when things go wrong
The Impact of Liquidity Decision on Managerial Performance: Evidence from Private Commercial Banks in Bangladesh
Get PDFThis study has examined the impact of liquidity decisions on the managerial performance of ten listed conventional private commercial banks. The required data have been collected from the five years\u27 annual reports of the sample banks and analyzed through formulating different null hypotheses. Findings from the testing of null hypotheses with the use of the ANOVA technique reveal that there is no significant variation of different indicators of liquidity decision as well as the managerial performance of the sample banks. Findings are taken from conducting the multiple regression analysis with ordinary least square (OLS) model also indicate that the indicators of liquidity decision namely current ratio is positively and insignificantly associated with net profit ratio as well as return on equity but negatively and insignificantly associated with return on assets as well as return on investment. Moreover, the networking capital ratio as another indicator of liquidity decision is negatively and insignificantly associated with net profit ratio, return on assets as well as return on equity but positively and insignificantly associated with return on investment of the sample banks over the study period.