Internal and Cross-Border Conflict of Laws Regulation in the United States of America

2020 ◽  
Vol 9 (3) ◽  
pp. 784
Author(s):  
Ivan CHUMACHENKO
Keyword(s):  
United States ◽  
Comparative Method ◽  
Correct Choice ◽  
The United States ◽  
Conflict Of Laws ◽  
Law System ◽  
Cross Border ◽  
Legal Method ◽  
Basic Concepts ◽  
The U.S

The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States. The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.

Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America

2020 ◽  
Vol 17 (4) ◽  
pp. 31-40
Author(s):  
Ivan N. Chumachenko
Keyword(s):  
United States ◽  
United States Of America ◽  
Correct Choice ◽  
The United States ◽  
Federal Law ◽  
Applicable Law ◽  
Trade Relations ◽  
Cross Border ◽  
Legal Method ◽  
Basic Concepts

Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain states with the laws of other states, as well as, in some cases, with international law. Methodology. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of interpretation of legal acts and judicial precedents. Results. The author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as US doctrinal sources. The author provides the basic concepts regarding conflict law, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. Conclusion. Based on the results of the study, the author concludes that even if there are separate (special) legal acts, court cases, as well as doctrinal sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of US conflict law.

Sold—to the Highest Bidder in Japan: Operational Challenges and Culture

2015 ◽  
pp. 1-5
Author(s):  
Gerry Yemen ◽  
Kristin J. Behfar ◽  
Allison Elias
Keyword(s):  
United States ◽  
The United States ◽  
Japanese Firm ◽  
Cultural Norms ◽  
Exit Strategy ◽  
Cross Border ◽  
Start Up ◽  
Financial Benefits ◽  
Operational Issues ◽  
The U.S

Most talented executives can recognize when an acquisition has strategic or financial benefits, and in this case, the decision to be acquired was an appropriate exit strategy for a successful start-up. Peter Street’s start-up had been growing quickly and was building a reputation for reliability in a booming industry when a Japanese firm offered to pay a premium for the U.S. firm. Having done business in Japan (and extensively with the acquiring company) before the sale of his company, Street entered the acquisition with enthusiasm. As part of the deal, Street’s former company would continue to operate in the United States as a division of its parent company and Street would remain as CEO. A few months into the transition, however, Street discovered a huge difference between working with and working for the Japanese firm. Cultural norms for confronting seemingly small problems quickly became bigger operational issues, and Street experienced a growing dichotomy between corporate (in Japan) and his division (in the United States). This case focuses on the challenges of implementing a cross-border acquisition.

scholarly journals Domestic Lending and the Pandemic: How Does Banks' Exposure to Covid-19 Abroad Affect Their Lending in the United States?

2021 ◽  
Vol 2021 (056) ◽  
pp. 1-45
Author(s):  
Judit Temesvary ◽  
◽  
Andrew Wei ◽  
Keyword(s):  
United States ◽  
Spillover Effects ◽  
The United States ◽  
Registry Data ◽  
Cross Border ◽  
Foreign Countries ◽  
The U.S

We study how U.S. banks' exposure to the economic fallout due to governments' response to Covid-19 in foreign countries has affected their credit provision to borrowers in the United States. We combine a rarely accessed dataset on U.S. banks' cross-border exposure to borrowers in foreign countries with the most detailed regulatory ("credit registry") data that is available on their U.S.-based lending. We compare the change in the U.S. lending of banks that are more vs. less exposed to the pandemic abroad, during and after the onset of Covid-19 in 2020. We document strong spillover effects: U.S. banks with higher foreign exposures in badly "Covid-19-hit" regions cut their lending in the United States substantially more. This effect is particularly strong for longer-maturity loans and term loans and is robust to controlling for firms’ pandemic exposure.

35 United States of America

2018 ◽  
Author(s):  
Cohn Joshua
Keyword(s):  
United States ◽  
New York ◽  
United States Of America ◽  
New York State ◽  
The United States ◽  
Cross Border ◽  
Security Interest ◽  
Bankruptcy Code ◽  
The Right ◽  
The U.S

This chapter examines the most common aspects of the right of set-off in the United States, focusing on the State of New York. It also considers the U.S. Bankruptcy Code and its implications for the right of set-off. The chapter first considers contractual and statutory set-off outside bankruptcy proceedings and whether set-off can be considered a security interest before discussing set-off against insolvent parties. It explains how the right of set-off is affected by the automatic stay provision in section 362 of the Bankruptcy Code, the prohibition of creditor preferences, and fraudulent transfers. It also analyses choice of law issues arising in cross-border set-off, taking into account the relevant provisions of the New York State law and Chapter 15 of the Bankruptcy Code. Finally, it reviews the applicable rules for non-U.S. parties participating in a debtor's plenary Bankruptcy Code proceeding in the absence of a Chapter 15 ancillary proceeding.

scholarly journals Organizing the Mechanism of Conducting the “Secret War” of the USA Against the Sandinista Regime of 1984

2020 ◽  
pp. 77-89
Author(s):  
Democrit Zamanapulov
Keyword(s):  
United States ◽  
Cold War ◽  
National Security ◽  
Comparative Method ◽  
Main Tool ◽  
The United States ◽  
Scientific Development ◽  
Special Operations ◽  
The Cold War ◽  
The U.S

Introduction. In Russian historiography, the issue of the reasons for the beginning of the U.S. special operations in Nicaragua is a complex problem that requires careful development due to its importance as one of the elements of the confrontation during the Cold War. The scientific relevance of this issue is determined by the insufficient degree of its study. The socio-political relevance is related to the current military-political situation in the world in general and the actions of the United States in particular, which, as part of ensuring their national security, use special operations to achieve certain goals and objectives. An example of this is the U.S.-led special operation to destroy Osama bin Laden, during which the sovereignty of Pakistan was violated. Another example of U.S. special operations at the present stage is Washington’s support of the “proxy” forces loyal to it in Syria. Special operations conducted by the United States in Nicaragua during the first half of the 80s were in many ways the main tool for achieving U.S. state interests in this country. In this regard, it seems that a detailed consideration of the first attempt in the history of the United States to conduct a global special operation, which began with the program of supporting the anti-Communist forces “Contras” in Nicaragua, which was later funded by the illegal supply of American weapons to Iran, would be useful for the domestic scientific doctrine. Methods and materials. In the course of the research, the historical-comparative method, the method of analysis and synthesis, as well as the system approach are applied. The study uses: 1) a set of unpublished materials on the special activities of the United States in Nicaragua, declassified in connection with the “Iran-Contra” scandal, and contained on the electronic website of the National Security Archive at the George Washington University; 2) published sources related to the Cold War; 3) scientific literature on the problems of U.S. special operations during the cold war; 4) memoir literature. Analysis. This article analyzes the reasons that influenced the decision of the U.S. political leadership to authorize special operations in Nicaragua based on the documents and materials studied in the Iran-Contra Affair. Results. The scientific development of the problems of the U.S. special policy in Nicaragua was observed back in the 80s in the USSR. However, it was conducted in hot pursuit, it was biased, considered a complex set of processes taking place in Central America from the perspective of the Marxist-Leninist doctrine, and did not take into account the American position, which made the scientific assessment of these events less complete and justified. New studies of this period take this factor into account, are based on new methods and previously unknown to the scientific community documents and materials that were declassified after the end of the Cold War. Results. In the course of the study, an attempt was made to highlight the mechanism for the development and implementation of U.S. special operations in Nicaragua. The author concludes that the use of the National Security Council personnel for special operations was conditioned by the need to avoid legislative restrictions of the U.S. Congress when implementing U.S. foreign policy in Nicaragua.

scholarly journals The US gun policy: domestic and external dimensions

2020 ◽  
pp. 42-52
Author(s):  
Marharyta Lymar ◽  
Iryna Tykhonenko
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Comparative Method ◽  
Arms Control ◽  
The United States ◽  
Legal Framework ◽  
Gun Control ◽  
Small Arms ◽  
Gun Policy ◽  
The U.S

The purpose of the article is to explore proliferation of firearms in the United States due to social problems (mass shootings) and public demand for increasing gun control. Primary challenges cover exploring the U.S. firearms history, which provides a key to understanding the causes of the current situation in this area; reviewing of Americans’ attitudes toward gun ownership; studying the U.S. foreign policy in the context of arms exports from Ukraine to the United States. Moreover, attention is paid to exploring the influence of the National Rifle Association (NRA) on Donald Trump’s decision on arms control and a comparative analysis of his gun policy with the policy of his predecessors. The methodological basis of the study includes a set of general and special research methods. Systematic approach is used to consider the U.S. gun policy as a complex system with the determinism of domestic and foreign policy levels. A significant role is played by descriptive-historical and chronological methods that allow to examine the evolution of the U.S. legal framework for firearms and small-arms control. The comparative method makes it possible to compare the approaches of George W. Bush’s, Barack Obama’s and Donald Trump’s administrations to the gun policy. The statistical method allows to consider the peculiarities of the U.S. exports of small arms and Ukraine’s exports of such type of weapons to the USA. The scientific novelty lies in one of the first attempts among Ukrainian authors to make a comprehensive analysis of the interdependence of internal and external aspects of firearms trafficking among the U.S. civilians. In this context, the paper examines the U.S.–Ukrainian relations. The study concludes that the U.S. gun traditions are the main stumbling block for tightening firearms legislation. On the gun issue, the U.S. domestic policy, which is heavily influenced by the NRA, determines the state’s foreign policy. At the same time, society is demanding reforms aimed at restricting the possession of firearms by the civilian population, which may increase the level of domestic security.

scholarly journals Trieste and Louis Adamic’s Transnational Identities

Two Homelands ◽  
2020 ◽  
Author(s):  
John Paul Enyeart
Keyword(s):  
United States ◽  
World War Ii ◽  
The United States ◽  
World War ◽  
Transnational Identities ◽  
Identity Claim ◽  
Cross Border ◽  
Single Cross ◽  
The U.S ◽  
Cross Border Movement

By examining Slovene immigrant to the United States and world-renowned author Louis Adamic’s effort to mediate between his Yugoslav and American identities, this article helps us to think what having a transnational identity means. By focusing on Adamic’s writings about Trieste and Italy in general, the article shows how he transitioned from being a disaporic leader during World War II to an anti-colonialist from 1946–1951. Examining Adamic’s activist stances regarding Trieste helps us to think about transnationalism beyond a single cross-border movement or an individual’s identity claim at a specific moment. Adamic’s effort to convince the U.S. government that Yugoslavia should control Trieste allows us to see how transnationalism operated as an identity in flux.

The 2001–2002 Military Standoff

2018 ◽  
pp. 83-120
Author(s):  
Moeed Yusuf
Keyword(s):  
United States ◽  
The United States ◽  
Third Party ◽  
Military Force ◽  
The Third ◽  
Cross Border ◽  
Critical Junctures ◽  
Autonomous Behavior ◽  
Military Campaign ◽  
The U.S

This chapter examines the 2001–2002 military standoff that kept India and Pakistan on the verge of war for ten months. Brokered bargaining characterized crisis behavior of the rivals and the U.S.-led third party. India threatened to use military force but pulled back at critical junctures as the United States acted as a guarantor of Pakistan’s promises of curbing cross-border terrorism and raised India’s costs of defying third-party demands to de-escalate. Pakistan promised retaliation against India and harmed the U.S. military campaign in Afghanistan by withdrawing forces from the Pakistan-Afghanistan border, but this “autonomous” behavior was trumped by its propensity to oblige the United States by accepting some responsibility for anti-India terrorism and acting tangibly against militants. The chapter also analyzes the several risks of escalation introduced by India’s and Pakistan’s misperceptions of the third party’s leverage over the opponent.

scholarly journals U.S. Arrest of Former Mexican Defense Minister on Drug Charges Poses Challenges for Future Counter-Narcotics Cooperation

2021 ◽  
Vol 115 (2) ◽  
pp. 334-340
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Drug Trafficking ◽  
The United States ◽  
Secretary General ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Cross Border ◽  
The U.S

In October 2020, the United States arrested former Mexican Defense Secretary General Salvador Cienfuegos Zepeda on drug conspiracy charges, accusing him of accepting bribes to aid a Mexican cartel in evading law enforcement and transporting drugs into the United States. Cienfuegos's arrest sparked diplomatic protests from Mexico, which negotiated to gain Cienfuegos's release before exonerating him and publicizing the U.S. investigation file in what the United States called a breach of the countries’ mutual legal assistance treaty. The incident also prompted Mexico to pass a new law curtailing cooperation with foreign agents and potentially imperiling the long-standing U.S.-Mexico alliance in the fight against cross-border drug trafficking.

scholarly journals The Tax Systems of the Russian Federation and the United States in the Context of the Principle of Tax Fairness

Legal Concept ◽  
2021 ◽  
pp. 56-61
Author(s):  
Stanislav Kazachenkov ◽  
Keyword(s):  
United States ◽  
Development Strategy ◽  
System Analysis ◽  
Comparative Method ◽  
The United States ◽  
Theory And Practice ◽  
Theoretical Research ◽  
Modern World ◽  
Legal Method ◽  
Tax Fairness

Introduction: in order to conduct an effective tax policy in the modern world, the state needs to rethink the development strategy in the field of taxation, which should be based on a system of tax principles, in particular, the principle of tax fairness. The novelty of the study lies in the fact that despite the considerable amount of the theoretical research on the subject, this area is under-researched in the question of the concept of equity in taxation, which is the relevance and need for the study. Purpose: to study the efficiency of the implementation of the principle of fairness in the modern tax system through the example of this country and foreign countries (USA). Methods: the research is based on the comparative method, the method of system analysis and dialectics, synthesis, analogy, deduction, induction, historical method, the method of unity of theory and practice, as well as the special legal methods (the formal legal method, the empirical methods of cognition and the dogmatic methods). Results: the formation of the concept of property taxation based on the principle of equity through the example of Russia and the United States. Conclusions: the principle of fair taxation should take into account the features of the modern legal and social reality, as well as the practical relations in the field of taxation.

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