scholarly journals Conflict of Laws: Escheat of Intangible Property to the State of Situs

1955 ◽  
Vol 53 (4) ◽  
pp. 612
Author(s):  
John F. Dodge
Keyword(s):  
The State ◽  
Conflict Of Laws

Conflict of Laws: Jurisdiction: Foreign Corporation Not Doing Business in the State

1927 ◽  
Vol 26 (1) ◽  
pp. 85
Author(s):  
W. B. G.
Keyword(s):  
The State ◽  
Conflict Of Laws ◽  
Doing Business ◽  
Foreign Corporation

Port State Jurisdiction over Labour Conditions: A Private International Law Perspective on Extra-territoriality

2016 ◽  
Vol 31 (3) ◽  
pp. 531-551 ◽  
Author(s):  
Laura Carballo Piñeiro
Keyword(s):  
International Law ◽  
Legal System ◽  
The State ◽  
State Courts ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Employment Contract ◽  
Subsidiarity Principle ◽  
Employment Legislation ◽  
Proximity Principle

Whereas flag states are primarily responsible for living and labour conditions on board ships flying their flag, port state jurisdiction on board foreign-flagged ships is still uncertain from both a public and a private international law perspective. This paper focuses on the latter, to ascertain in which cases port state courts and domestic employment legislation decide on maritime employment contract matters. This may help to establish to what extent the extra-territorial exercise of port state jurisdiction is reasonable: adjudicatory jurisdiction and conflict-of-laws rules are construed on the basis of the proximity principle and thus strive to point out the state with the strongest link to the case at stake. However, the establishment of the port state legal system as the closest one to maritime employment usually amounts to setting the flag state aside, meaning that the subsidiarity principle takes over in determining the extra-territorial application of port state jurisdiction.

scholarly journals Collisional legal regulation of the responsibility of the controlling debtor in respect of cross-border insolvency

2021 ◽  
pp. 212-218
Author(s):  
S. E. Bibikov
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Entity ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Foreign Experience ◽  
Cross Border ◽  
The Cross ◽  
Conflict Of Law

This study highlights the problem of establishing the applicable law for cross-border insolvency relations of a legal entity. The author examines various approaches to the choice of the applicable law to the liability of controlling persons, provides foreign experience and reveals the main trends in resolving conflict issues. It is noted that the lack of legal regulation of cross-border insolvency relations, including conflict of laws rules, does not allow creditors to fully recover losses from controlling persons whose assets are in foreign jurisdiction. In order to eliminate contradictions in practice, it is proposed to consolidate in civil legislation an independent conflict of laws rule on the liability of controlling persons in relations of cross-border insolvency of a legal entity. It is concluded that the conflict-of-law choice of the applicable law to disputed legal relations directly depends on the jurisdiction of the state in which the proceedings on the cross-border insolvency of a legal entity are initiated.

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