일제 강제징용자의 손해배상소송과 미국의 재판관할

These arguments include the theories that only state-to-state claims were settled and that only economic interests were concerned, not individual claims. This Note begins by recounting the historical and legal background against which this suit has been brought. Section II begins with a brief history of the events surrounding the institution of the program and introduces the treaties applicable at the time. The section then examines and dismisses the possibility that Japan's postwar treaties lacked finality, with special emphasis on the federal district court decision in In re World War II Era Japanese Forced Labor Litigation. Part II examines the historical and legal background against which Germany settled those claims. The section then presents the seemingly contrary approach the United States has taken with respect to Japanese compensation claims. While the Alien Tort Claims Act has been successfully, if only symbolically, utilized to achieve judgments against foreign actors for violations of international law, judicial interpretation of the Foreign Sovereign Immunities Act presents a formidable challenge to plaintiffs who seek judgment against a foreign government. The section concludes by presenting the legal claims advanced in the Complaint, the Motion for Declaratory Judgment, and oral argument. Part VI reexamines the plaintiffs' litigation strategy and attempts to reconcile the U.S. involvement in the case with its role in the Nazi Holocaust litigation. The section then presents important arguments disfavoring an expansive judicial role in conducting foreign affairs. The unique nature of the legal claims threatened to turn the federal judiciary into Globocourt, a place where citizens from every corner of the globe might bring human rights claims against their own governments. Such an extension of U.S. judicial power into the realm of foreign affairs would be undesirable and counterproductive. Japan simply must address the plaintiffs concerns if it hopes to remain a leader in Asia. Recent events demonstrate that there are still a large number of people throughout the world who are unhappy with Japan's inability to address a dark past. It is in Japan's long-term interest that koreans forced to work for japanese companies during japan's colonial rule achieve the justice they deserve. To this end, the Executive branch should begin to persuade Japan to reexamine its history.